Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-3741 - PSA; Newport Boulevard Bioswale Project
r • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK L.aVonne M. Harkless, MMC January 23, 2008 Belaire -West Landscaping, Inc. 7371 Walnut Avenue Buena Park, CA 90620 Subject: Newport Boulevard Bioswale (C -3741) To Whom It May Concern: On January 23, 2007, 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 March 19, 2007. The Surety for the contract is Arch Insurance Company and the bond number is SU 501 7837. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN FOUR COUNTERIk PREMIUM IS FOR AND IS SUBJECT CITY OF NEWPORT BEACH BASED ON FINAL PUBLIC WORKS DEPARTMENT NEWPORT_ BOULEVARD BIOSWALE CONTRACT NO. 3741 BOND NO. SU 501"7837 FAITHFUL PERFORMANCE BOND CONTRACT TERM TO ADJUSTMENT CONTRACT PRICE The premium charges on this Bond is $ 31434. 0.0 being at the rate of S 17 50 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to BELAIR WEST LANDSCAPE, INC., hereinafter designated as the "Principal ", a contract for construction of NEWPORT BOULEVARD BIOSWALE, Contract No. 3741 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. 3741 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 Ninety -Six Thousand, Two Hundred Fifty -Two and 001100 Dollars ($196,252.00) 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 Principars heirs, executors, administrators, successors, or assigns, fart 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 18TH day of OCTOBER 2005. Jilvt) $► Y \ K5 my BELAIR WEST LANDSCAPE, INC. (Principal) ARCH INSURANCE COMPANY Name of Surety 135 N. LOS ROBLES AVE, 1825 PASADENA, CA 91101 Address of Surety C626) 639. -5200 Telephone $fdfhorized Signature/Title Authorized Agent Signature PAM MCCARTHY, ATTORNEY -IN -•PACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 ALL - PURPOSE ACKNOWLEDGEMENT State of County of � ss. On 1 -2A - 04::_� before me, &naz rm!) (Date) personally appeared �� j �/ (Notary) M (t 6 I !/ j OL-S mil. Signer(s) [personally known to me or ❑ or proved to me on the basis of satisfactory evidence) to be the person(s)-whose names) is /subscribed to the RB GROBN Comm # 1585200 m xoTARV PUB uc- CILLIRIRNIA NTY :0 ORANGE COU r Mr is t*M Jae« � go$�O1M�M�M�H�M� within instrument and acknowledged to me that ktshe /tlze�rexecuted the same in basher /theif authorized capacity ' ), and that by his/her /their signature(s) on the instrument the person(aj; or the entity upon behalf of which the person(O- acted, executed the instrument. WITNE y hand and official seal. Stamp clear impassion otnotary seal above. .�% Notary's Signature OPTIONAL INFORMATION CAPACITY CLAIMED BY THE SIGNER DESCRIPTION OOAF THE ❑ Individual (s) B- Corporate Offic r �� /A'TTACHED , �f .a7"h&f' t`�°j( (WCc� 60kd Title of Document (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) M— Other ( CAPA v10.30.04 w .notarvclasses.com 800- 873 -9865 Number of Pages /4 - fy -d,S ocame t Dt to Other Information CALIFORNIA ALL - PURPOSE ACKN "LEDGEMENT State of California ss. County of San Bernardino On OCTOBER 18, 2005 before me, Personally appeared Pam McCarthy Name(s) of Signer(s) x personally known to me ❑ proved to me on the basis of satisfactory evidence WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General x Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: Number of Pages: Top of thumb here to be the person(s) whose names) is /are subscribed to the MILLER # t�t570 within instrument and acknowledged to me that he /she /they 14714o Cand executed the same in his /her /their authorized capacity(ies), that byhis /her /their signatures) on the instrument the ExpaeaJw2p yppy person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General x Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: Number of Pages: Top of thumb here ARCH Insurance Company NOTICE — DISCLOSURE OF TERRORISM PREMIUM ARCH Surety In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable insurer deductible. 0 POWER OF ATTORNEY 10 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 Pam McCarthy, Jay P. Freeman, Kelly A. Saitman and Janet L. Miller of Ontario, CA (EACH) 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 attorneys -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 Vice President, the seal of the Company, and certifications by the Vice President, 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. �t In Testimony Whereof, the Company-has caused this instrument to be signed and• orporate seal to be affixed by their authorized officers, this 14th day of June , 2005 Arch Insurance Company Attested and Certified STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS OORPW SELL 1971 Edward M. Titus, Vice President I, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL KATHLEEN MARCINKUS. Notary Public CitydPhitift Na,Phlia.County Kathleen Marcinkus, N tary Public���� My Commission Expkes February 25, 2006 My commission expires 2 -25 06 CERTIFICATION I, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 14. 2005 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate, and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and oce e cm-orate shat of the Arch Insurance Company on this 18TH day of OCTOBER —'20 05. l i � r Mary Je ,*ne A iderson, Vice President This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 OOML0013 00 03 03 Page 2 of 2 4 sru R � IIn0a0 Printed in U.S.A. CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC March 19, 2007 Belaire -West Landscaping, Inc. 7371 Walnut Avenue Buena Park, CA 90620 Subject: Newport Boulevard Bioswale (C -3741) To Whom It May Concern: On January 23, 2007, 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 February 5, 2007, Reference No. 2007000074822. The Surety for the contract is Arch Insurance Company, and the bond number is SU 501 7837. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Robert Stein, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us EXECUTED IN FOUR COUNTERPAO CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 BOND NO. SU 501 7837 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to BELAIR WEST LANDSCAPE, INC., hereinafter designated as the "Principal," a contract for construction of NEWPORT BOULEVARD BIOSWALE, Contract No. 3741 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3741 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 TNSURANCE 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 Ninety-Six Thousand, Two Hundred Fifty -Two and 00/100 Dollars ($196,252.00) 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 attorneys fee, to be foxed by the Court as required by the provisions of Section 3250 of the Civil Code of the Stale of California. 26 0 ... • The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shalt 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 —' 18TH day of OCTOBER 2005. Jwl f�lt BELAIft WEST LANDSCAPE, INC. (Principal) polhorized Signature/Title ARCH INSURANCE COMPANY Name of Surety 135 N. LOS ROBLES AVE 9825 PASADENA, CA 91101 Address of Surety C.626) 634- -5200 Telephone �e-., - Authorized Agent Signature PAM MCCARTHY, ATTORNEY.- IN.FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 ALL- PURPOSE ACKNOWLEDGEMENT State of County of ss. On before me,: Q (Date) — �— personally appeared f(Notary) Signer(s) QL personally known to me or ❑ or proved to me on the basis of satisfactory evidence) to be the person(sl-whose name(aJ is/are subscribed to the within instrument and acknowledged to me that III) RENAE GROEN a eat�PUU9LL$C fhe/she/they executed the same in4ffs/her /their authorized capacity(ios), and that by -his/her /their signature(e} on the instrument the person(o, or the entity upon behalf of CAu58 AM aOPANGE 00UNTM which the person(&) acted, executed the instrument. WITNESrS u! hanndy and official seal. Stamp dear impression of notary seal above. "''� -� �•� `'� otary's Signature OPTIONAL INFORMATION CAPACITY CLAIMED BY THE SIGNER DESCRIPTION OF THE ATTACHED f t ❑ Individual (s) 53,— orporate O lcer Title of Document 5 - JrUt� (Title) Number of Pa es 1 "/ "bs- ❑ Partner(s) ❑ Attorney -in -Fact Trustee(s) o ument at��` , � � n 6 � r C 1111 UJ k 11 11 Other �j W f� i Ober Information [7j CAPA v10.30.04 w %notaryclaases.com 800.873 -9865 CALIFORNIA ALL - PURPOSE ACKN State of California ss. County of San Bernardino On OC'T'OBER 18, 2005 before me, Personally appeared Pam McCarthy Names) of Signer(s) x personally known to me ❑ proved to me on the basis of satisfactory evidence WITNESS my hand and official seal. �--- �/� Si gnatu of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer O Partner — D Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator O Other: Signer is Representing: Number of Pages: Top ofthumb here to be the person(s) whose name(s) is /are subscribed to the .r.r, within instrument and acknowledged to me that he /she /they JANET L. MILLER Canrnlulon# 1591570 executed the same in his/her /their authorized capacity(ies), Notary Public . CaU/ornlc and that by his/her /their signature(s) on the instrument the son eemardfno courry 'comme / inmAd4n m�,..i person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �--- �/� Si gnatu of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer O Partner — D Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator O Other: Signer is Representing: Number of Pages: Top ofthumb here • ! CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT /00- JAN -: 3 niii� Agenda Item No. S January 23, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Pubic Works Department Robert Stein, PE 949444 -3311 or rstein &itk.newoort- beach.ca.us SUBJECT: NEWPORT BOULEVARD BIOSWALE — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3741 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 NoUce 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. 5. Approve a Budget Amendment appropriafing $26,000 from the unappropriated General Fund balance to 7014 - 05100596 to cover extra costs to the project. DISCUSSION: On October 11, 2005, the City Council authorized the award of the Newport Boulevard Bioswale project (Contract No.. 3741) to Beialre -West landscape, Inc. for the total contract- bid price of $196,252. The contract provided for the construction of a filtration basin to filtrate the 30,000 gallons per day of dry-weather flows running through the rock- swale. Project work included clearing the ioeplant in the Swale along the east side of Newport Boulevard South of le Street, excavation of the drainage swale, Installing rock, sand and gravel to create a filtration bed, re- landscaping the Swale with native- type trees and plants, and hydroseeding the area. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost Is as follows: Original bid amount $196,252.00 Total amount of change orders: $ 41.473.96 Final contract cost: $237,725.96 • Newport @oukWaid Ob aerie. CaA and Aaoephm of C or*vO No. 3741 January 23, 2067 Page 2 Two change orders, in the amount of $41,473.96, were approved for additional work needed to address unforeseen circumstances for excavating and removing very large buried boulders and controlling excess groundwater. Funding for the change orders will come from the project contingency ($17,000) and the proposed budget amendment ($26,000) If approved. The final construction cost including change orders was $237,725.96, twenty -one percent over the original bid amount. For your reference, total project expenses are summarized as follows: Construction $ 237,725.96 Design and Construction Documents $ 75,782.00 Construction Inspection $ 5,368.06 Geotechnical ServkxWresting $ 314.00 Incidentals $ 427.15 Total Project Cost $ 319,617.17 ENVIRONMENTAL. REVIEW: This project qualified for a Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the Implementing Guidelines of the California Environmental Quality Act. This exemption permits minor alterations to exiling public and private structures that involve negligible expansion of use. Existing drainage patterns, hydraulic flow, and flood control were not be impacted. The site had no sensitive vegetation. FUNDING AVAILABILITY: Upon approval of the budget amendment, sufRc lent funds are available for the construction portion of the project from the following accounts: Account Description General Fund Environmental Contributions Prepared by: Robert Stein, PE Y Principal Engineer Attachment: Budget Amendment Account Number Amount 7014 - 05100596 $ 34,502.96 7255 - 05100596 $203.223.00 Total $237,725.96 Submitted bv: Oily of Newport Bea NO. BA- 07BA -039 BUDGET AMENDMENT 2006 -07 AMOUNT: �xs,oao.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations to cover extra costs involved with the Newport Boulevard Bioswale project. ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Fund Accoun t Description 010 3605 General Fund - Fund Balance REVENUE ESTIMATES (360'!) . FundlDiv lion Account Description Amount Debit Credit $26,000.00 " EXPENDITURE APPROPPJA77ONS (3603) Description Division Number 7014 Misc & Studies Account Number C5100696 Clean Water Projects $26,000.00 Division Number Account Number . Division Number Account Number Division Number Account Number Division Number Account Number • Automatrc SYStam Enty, Signed: /j ( r—� _ _- ^' % 7 F fin—cial Approval: Administrative Services Director Date Signed: Administrative Approval: City Manager Date M �� Decorded in official Records, Orange County RECORDING REQUEST�ANF 1D Tom Daly, Clerk- Recorder WHEN RECORDED RE�Ij�I�T a ►� III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIII�IIIIIII NO FEE uutt�� ���� 2007000074822 08:04am 02/05107 City Clerk _ 212 50 N12 1 City of Newport Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard r,T ;tri i iT Newport Beach, CA 92663 1 der✓~� "Exempt from recording fees �Ir pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Belaire West Landscape, Inc of Buena Park, California, as Contractor, entered into a Contract on October 11, 2005. Said Contract set forth certain improvements, as follows: Newport Boulevard Bioswale (C -3741) Work on said Contract was completed, and was found to be acceptable on January 23, 2007, by the City Council. Title to said property is vested in the Owner. and the Surety for said Contract is Arch Insurance Company. I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on o a at Newport Beach, California. BYUf�nt / s l /tJZL✓! o` NP�k' City Clerk 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC January 24, 2007 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3741) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, i LaVonne M. Harkless, MMC City Clerk Encls. 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 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, Califomia, 92663, as Owner, and Belaire West Landscape, Inc of Buena Park, Califomia, as Contractor, entered into a Contract on October 11, 2005. Said Contract set forth certain improvements, as follows: Newport Boulevard Bioswale (C -3741) Work on said Contract was completed, and was found to be acceptable on January 23, 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Arch Insurance Company. I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on o Cr7 at Newport Beach, Califomia. U I �/ /V'G2 �'� a 1. y✓ 0� NEVap�QJ BY ¢ City Cleric r` a• 0 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 a.m. on the 27th day of September, 2005, at which time such bids shall be opened and read for NEWPORT BOULEVARD BIOSWALE Title of Project Contract No. 3741 $165,000 Engineer's Estimate by ien G. Badum Works Director BIDDER'S LIST AVAILABLE ON CITY W EBS ITE: http://www.city.newport- beach .ce.us /pbwbidlist/default.aso Click: Online Services — Public Works Bid List Prospective bidders may obtain one set of bid documents for $20.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A or C -27 ". For further information, call Robert Stein, Prolect Manager at (949) 644 -3322 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashiers check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The y • 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: http: / /www.opo.aov /davisbacon /ca.html 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Classification Bidder ' thorized Signature/Title �? Date CITY OF NEWPORT REACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMOUNT BID- Qollars ($ lo% OF BID ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal "for the construction of NEWPORT BOULEVARD BIOSWALE, Contract No. 3741 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 23RD day of BELAIRE - -WEST LANDSCAPE, INC., Name of Contractor (Principal) ARCH INSURANCE COMPANY Name of Surety 135 N. LOS ROBLES, AVEy 1825 PASADENA, CA 9110.1 Address of Surety C626) 639-5200 relephone SEPTEMBER .2005. 7 horized Signature/Title Authorized Agent Signature PAM- MCCARTHY; ATTQRNEYH INU FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 Copyright 2004 Notary Row, Inc 925 29th St. Des Momes, to 50312-3612 Faun ACK02. 02/04, To e-oldl, call roll-free 1 877 349 6588 or visit us on the Internet at too' / /www thenolai,hop con; State of California CALIFORNIA ALL-PURPOSE County of f, 0,Y-\ ss. CERTIFICATE OF ACKNOWLEDGMENT On before me, Date Panted Name of Notary Po fbfiC personally appeared C>—" 4EJ Y- u Printed Namejt) of Sundo(sl apersonally known to me - or - 7 El proved to me on the basis of satisfactory evidence: ❑ form(s) of identification E-1 credible witness(es) to be the person(4 whose name(10 Walt subscribed to the within instrument and acknowledged to me S that Kq/she/ti*y executed the same in lVs/her/th)lr authorized capacity() ), and that by Vs/her/t*ir ; signature(K on the instrument the person%), or the entity upon behalf IT which the pers hx acted, executed the instrument. WITNESS my hand and official seal. S.,a.rc,, of Now, Pubih, (seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of -\ Y <� El Additional Signers) Signer(s) ThumbpTintis) E) other containing pages, and dated Ck - -3, io — 0 -5 L The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney-in-Fact "Corporate Officer(s) eye Titlelsl ❑ Guardian /Conservator ❑ Partner - Limited /General ❑ Trustee(s) Other: representing: Name(,) 0 f7PM.o(,) or Emay0,,) Sign,, is Representing 0 Copyright 2004 Notary Row, Inc 925 29th St. Des Momes, to 50312-3612 Faun ACK02. 02/04, To e-oldl, call roll-free 1 877 349 6588 or visit us on the Internet at too' / /www thenolai,hop con; CALIFbRNIA ALL - PURPOSE ACKN•LEDGEMENT State of California SS. County of San Bernardino On SEPTEMBER 23, 2005 before me, Personally appeared Pam McCarthy Name(s) of Signer(s) • x personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they JAMET t. M&LER executed the same in his /her /their authorized capacity(ies), comm"n • 1391570 and that by his /her /their signature(s) on the instrument the Nokwy AA ft • caKO,r,p person(s), or the entity upon behalf of which the person(s) S°"1118^4 caurdy acted, executed the instrument. 61MYCOMM-awkMAS20. WITNESS my hand and official seal. Signature of NotaFy Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer Title O Partner -- O Limited O General x Attorney -in -Fact O Trustee O Guardian or Conservator O Other. Signer is Representing: Top of thumb here ARCH Insurance Company NOTICE — DISCLOSURE OF TERRORISM PREMIUM ARCH Surety In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable insurer deductible. 0 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 Pam McCarthy, Jay P. Freeman, Kelly A. Saitman and Janet L. Miller of Ontario, CA (EACH) 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 attorneys -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 Vice President, the seal of the Company, and certifications by the Vice President, 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 cerlifled 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 7 of 2 Printed in U.S.A. In Testimony Whereof, the Compan *s caused this instrument to be signed As corporate seal to be affixed by'their authorized officers, this 14th day of June , 2005 Arch Insurance Company Attested and Certified STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS C Cp ate �•O L � e �•�� Edward M. Titus, Vice President I, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL KATHLEEN MARCINK IS, Notary PubNC City of Philadelphia, Phila. County Kathleen Marcinkus, Notary Public M Comm ssion Expires February 25, 2006 My commission expires 2 -25 -06 CERTIFICATION I, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 14, 2005 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and a ixe e c orate sgai-ef-lHe Arch Insurance Company on this 3RD da of SEPTEMBER 20 05 . 1 Mary Jeone PAderson, Vice President This Power of Attorney limits the ads of those named therein to the bonds an61ndertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. Company Profile 0 • Page l of 2 Company Profile ARCH INSURANCE COMPANY ONE LIBERTY PLAZA, 53RD FLOOR NEW YORK, NY 10006 800 - 821 -5546 Former Names for Company Old Name: FIRST AMERICAN INSURANCE COMPANY DBA Effective Date: 11 -06 -2002 AMERICAN FIRST INSURANCE COMPANY Old Name: FIRST AMERICAN INSURANCE COMPANY Effective Date: 01 -05 -1987 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 11150 1279 3005 -6 July 19, 1985 UNLIMITED- NORMAL Property & Casualty MISSOURI Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the lg ossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE http: / /cdinswww. insurance. ca .gov /pls /wu_co_lines /idb_co _prof utl.get_co _proVp_EID =6... 11/3/2005 Company Profile • Page 2 of 2 LIABILITY MARINE SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Compaq Enforcement.ACtion Documents Company .Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised -October 04, 2005 11:40 AM Copyright Q California Department of Insurance Disclaimer http: / /cdinswww. insurance. ca.gov /pls /wu_co_lines/idb_Co _prof utl.get_co _prof7p_EID =6... 11/3/2005 Best's Rating Center - Comp Information for Arch Insurance C pany Refings Defihdions: N I Press Releases I Yew Rating: SacyL_110 Advap od.Sa _Mb Arch Insurance Company Iv vra .5J1 .Einl ♦81.9..1 /: oatle NAIC I: flteo f[IN O: IIWaW10 ss roaciel" Address: Ono Ubeny Plaza, 53rd Floor Phone: 212-E351 -6500 Nan Yen. NY 10006 Fax: 2124651.6499 Web: wwn.amninsmance_.wm Best's Ratings Financial Strength Ratings View Definitions Rating: A -I Excellent) AIM1Tiagon Code:,(Relnsurad) Fieancial Size Category: %V (52 billion or more) Deepek Stable Action: ARrtned Ell eetivo Data: October 26, 2004 * Denotes Under Review Best's Ratings Reports and News Visit our NawsRome for the latest ryis qn;L"^ i 1ep_s_ss for this company and its A.M. Best Group. Page 1 of 1 oWWebecmccr. Asjyre'Jban W^:aa Ne1NF¢4iav uvdm W. 2ybmxl NVb -0OC'gZmbMtsleetlm. ' i Best's Company Report - Includes Sure Financial Strength Rating and mimesis alongavith comprohensive analytical c earculary, delsb key financial data. =• @ Report Revision gate: 061132005 (repress nls the late sl significant Change). w —1 Historical Reports are available in Bests Campony Repan jvg. �i Bests Ezeeugve Summary Reports (Financial Overview) - available in ties versions. lease presentation style reports toalum balance a key financial performance tests including profilabgity. liquidity and reserve analysis. Data status: 2005 Bests Stammanl Fee - PIC. US. Contains data compiled as of 813WMDS (Quality Cross Checked). x Single Company- five years of finandal dim spastically an this company. I competition - side -by -side financial analysis al this company troth a peer group of up to five other companies you celaa. I cpe pasite evatume this company's financials against a peergroup composile. Report displays both the average and teal composite group. Note: Adobe Reader is required to view the reports listed above. This sell imer is available free ham BBppp SS` ^ ^_ ^�. An Excel expert c the report has been opened using Adobe Reader. posts Kay Rathal Guide Prosanta110B Report - includes Rest's Financial Sirengih Rising and financial data as provided in Bast's Key Rat � Data Smbm: 2003 Financial Data (Quality Cross Checked). .vY Financial and Analytical Products B� "5, f P goanvKasually Cen(B(�ppliyg)p�te�BdoQ(bq Be_srs Key- Raling Guide PG US8Canada Bests S:alemam ilia - P/C. V; @CSLS $}s1B16B1.ILQs_Gjabel Bests Insurance Reci - PIC. US R Canada Best's Slate Line 1Slandard unQsL._&Q_Vl 4€Si'£IBiVlaOCe- Expanse ENbieil (IEEI - WC. t15 Best's SmemIV.na(Commeed Lineal - PIC US CV.fggxgfL$dgy:w I Pi,SLt1. UuPPA1 l yaMbgLCenter I j pcmaajnjo I CBLeers About A.M. Best I Site Map I Privacy Policy I Security I Terms Df Use I Legal & Licensing CopydgN 02005 AM. Bel Company, Inc All dghm reserved. A.M. Bat Wwldxide Heooeumoss. Ambrea Road. Olmich. Nm Jwsey: 08856. U.SA http: / /www3.ambest.com /ratings /FulIProfile. asp ?BI =0&AM BN um= 3186&AItSrc... 09/28/2005 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 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: Ar— c 04 A" Address: eY1A CT CA— Phone: OH State License Number: (212,9(-54 Name: Address: l '� C.i kk Y\6 / -0 S <Q CI i Y �0jo Phone: i t G 3 33 State License Number: Name: Address: Phone: State License Number. kkal- Bidder Auth ed Signaturerritle �J 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name 23�� A•ia,if 4,t 5 /,✓ L FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 / Project Name /Number Project Description G5 Lf1-nJ r�JC,a�' Con Approximate Construction Dates: From / o 6, To: ,01~ Agency Name Ole /2 / ✓�� s o� Contact Person Telephone (9fn g26—Z0-z_( Original Contract Amount $ 16'�Z�- Final Contract Amount $ 1012 lL If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. L No. 2 Project Name /Number Project Description C ON S. n Approximate Construction Dates: From tt as' To: U� Agency Name C < Ty 4 L �a Fr Ci ✓ o Contact Person 0Z Telephone (�%�` 9��' 7171 Original Contract Amount $ 317 Final Contract Amount $ 3 17 If final amount is different from original, please explain (change orders, extra work, etc.) T Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description C fa2j /,v C / C Approximate Construction Dates: From Tc Agency Name Pdc Z—A oJ� Contact Person /k Telephone (.? /a) 2.?2 -341 Original Contract Amount $ OQ k -Final Contract Amount $ l 'SI 1 4-- L_ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 7 No. 4 Project Name /Number�A� Project Description 5A-„/o Approximate Construction Dates: From To: Agency Name Contact Person M4-4-k- 7-)2-k-'lic --O Telephone(31J) SZ`f-ZiIG Original Contract Amount $—IP-k-Final Contract Amount $ !20 k- If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. �f6N No. 5 Project Name /Number. �d�,✓io Sr �,p25✓ c,,� �2 S /off Project Description L Cdn�srrL�v7J� Approximate Construction Dates: From /i O To: Agency Name C o� S9h, ��i2t eve Contact Person "XAV /S ,�elephone Original Contract Amount $ gg4inal Contract Amount $ 1��K If final amount is different from original, please explain (change orders, extra work, etc.) 41A- 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. WAA-)!!;: No. 6 Project Name /Number Project Description 0 0 Approximate Construction Dates: From To: 9zs' Agency Name CST! 4 f -- C U`- A—^" "G'r Contact Person o C1 -1 4 4X4cf�J}— Telephone (�O J Original Contract Amount s26 e -Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. -� f A01 o'v Bidder Aut ized SignatureMtle 10 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of cka4wc t ) J4ar 5RCN rcf ML A— being first duly swom, deposes and says that he or she is 0C,�T of &rL,*Af wrsr G4,J7sc 14�s,.p�c., 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. i� 10 CA) Bidder Ahorized SignaturelTitle Subscribed and swom to before me this day of 2005. [SEAL] Notary Public My Commission Expires: 11 I . • a 0 Copyright 2004 Notary Ronary, Inc 925 29th St, Des Moines, IA 50312-3612 form ACK02. 02/04. To re order, call roll free 1 8))349-6588 or visit us on the Internet at hnp I/wwwthrootayshopcom State of California CALIFORNIA ALL-PURPOSE ss County of . CERTIFICATE OF ACKNOWLEDGMENT On C before me, Date Printed Name of Notary Public personally appeared Printed Hcmr(,) of Sigm,t,) personally known to me - or - El proved to me on the basis of satisfactory evidence: F-1 form(s) of identification ❑ credible witness(es) to be the person(4 whose name(A is/4(e subscribed to the within instrument and acknowledged to me that she/thW)t executed the same in fWs/her/thor authorized capacity(iiK), and that by */her/tkir sgriat W on the instrument the person(*, or the entity upon behalf of which the personkr) acted, re executed the instrument. WITNESS my hand and official seal. ------------------ ...... RENAE GROBN > IM # lass= =.-CIIIIIHOMPA M3 WO < ORANGE COUNVY L0 0 0 0 0 0 OC 00 woome OWO On 08"o I - 2 N Signature W Notary Public (seal) OPTIONAL INFORMATION Although the information in this section is not required by low, it could prevent fraudulent removal and reattachment orthis acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document title for the purpose of Ck 1;!'o V--\— ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) r Cj --)tAor\ Other containing pages, and dated u? - The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney-in-Fact [11-torporate Officer(s) (f li—> X e_ 11-1 ❑ Guardian /Conservator ❑ Partner - Limited /General f ❑ Trustee(s) Other represent ing: Name(s) of Persou)o r Ent ity(ies) Signer is Representing ...... .. . ...... . ....... .... 0 Copyright 2004 Notary Ronary, Inc 925 29th St, Des Moines, IA 50312-3612 form ACK02. 02/04. To re order, call roll free 1 8))349-6588 or visit us on the Internet at hnp I/wwwthrootayshopcom 0 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 DESIGNATION OF SURETIES Bidders name iVC 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): i-1� 5TH SA rA Fvry �2 A-0 a G A-- P -7 ? - dos =Y5 `f5, 12 A 'qws`a. -� Gr4A57 0N7—A2f o �90�)��� -cog J� 5TH SA rA Fvry �2 A-0 a G A-- P -7 ? - dos =Y5 `f5, 12 A 'qws`a. -� Gr4A57 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name'&�I-'47x'£ e��s� Gsr✓�s�� ac, Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2004 2003 2002 2001 2000 Total 2005 No. of contracts ao a a(P Total dollar Amount of Contracts Thousandslof $ `fT 5 11 F� p l Od J a©o D No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 Legal Business Name of Bidder Business Address: 7PI w4�uar- iE✓T- BUfwn -P42a, rA -90cea Business Tel. No.: C?, -r) SZ3 -9z�o State Contractor's License No. and Classification: X2'6314 .4 A z7 Title Zoft,Or r L �,v�r d�fjlr r� Cov7Llic.a2 The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 ACKNOWLEDGEMENT OF ADDENDA Bidders name��.:i2E The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum 15 LJ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: &�-c�41 £OC i [/b✓pt6 I C. Business Address: 73'" A- Telephone and Fax Number: OYf� S2 3 California State Contractor's License No. and Class: �ff3 6 X A z7 (REQUIRED AT TIME OF AWARD) Original Date Issued: la.�?_Z Expiration Date: 1 30 e-J 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: 7 0,J 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 Corporation organized under the laws of the State of 16 A • The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; /V/,C- Briefly summarize the parties' claims and defenses; A) -�C- Have you ever had a contract terminated by the ownerlagency? If so, explain. NAr Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab pliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes No Are any claims or actions unresolved or outstanding? Yes o 17 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non- responsive. (Print name name of Owner or President of Corporation /Company) si�rkk g Bidder ,j6orized Signaturefritle 19,C5 ( 0r--IT' Title /0.r Date Date Subscribed and sworn to before me this day of , 2005. {SEAL} 18 or b� W -t , Belaire -West Landscape, Inc. 7371 Walnut Avenue, Buena Park, CA 90622 Dan R. Patterson Onsite Project Manager Landscape Construction Oualifications 0 Lic. 448636 P (714) 523 -9200 F (714) 523 -9201 • Design: Streets, Site Development, Utilities, Grading, Irrigation, Erosion Control and Spec Writing • Construction Management: Supervise, Estimate, Bid, Budget, Cost, Schedule, Purchase, Letter Writing, RFIs, Change Orders, Meetings, Negotiations, Subcontract, Inspect, Construct, and Finish • Trade Knowledge: Site Development, Grading, Heavy Equipment, Construction Materials, Environmental, Utilities, Concrete, Building, Electrical, Landscape and Irrigation Emulovment Belaire -West Landscape, Inc., Buena Park, California, 1999 to Present Job Title: Chief Estimator /Senior Project Manager BWL is a 15 million dollar year public works site development construction company. Clients include Caltrans, Port of Long Beach, Port of Los Angeles, City of Los Angeles and LAUSD. Valley Crest, Inc., San Fernando, California, 1996 to 1999 Job Title: Project Manager /Senior Estimator VC is one of the top fifty largest construction companies in the United States that does site development construction for the public works and commercial industries. Clients include Disneyland, St. Regis Hotel, Irvine Companies, Lewis Homes, City of Santa Clarita and City of Santa Monica. EIA Technologies, Inc., Corona, 1993 to 1997 Job Title: Onsite Project Manager/Field Superintendent UST Removal and Site Closures of Southern California Military Bases. Clients were the US Army Corps of Engineers and US Department of Navy. Greer & Associates, Anaheim, 1991 to 1993 Job Title: Project Manager Larry Greer, P.E., had numerous ArchitectuaUEngineering Chevron design contracts for full site development and public works improvements on new Chevron Stations throughout Southern California. RBF, Irvine, 1989 to 1991 Job Title: Project Engineer RBF is a Civil Engineering Design Consultant specializing in commercial and subdivision engineering. Clients included Coto de Caza, Talega and Irvine Companies. Certificates • SWPPP Competent Person Training • Primavera Scheduling Software 40 Hour Training Certificate • US Army Corps of Engineers Quality Control Training Course (24 Hours) • Red Cross CPR Training • Hazwoper Site Superintendent Training Education • Bachelor of Science in Civil Engineering, San Diego State University, 1989 Licenses • Professional Engineer License No. C54480 (Civil) s C Copyright 2004 Notary Rotary, Inc. 925 29th St, Des Moines. IA 50312 -3611 Form ACK02 02,04 To reorder, call toll free 1 -877- 349 -6588 or visit m on the Internet at http//wwwVbecotaryshmp com State of California CALIFORNIA ALL - PURPOSE County of 0 � Uw�� ss. CERTIFICATE OF ACKNOWLEDGMENT On CA f 3, k_0 before me, `(�c>__e_ C 'Cc) t v1 Hate Printed Name of Notary Public personally appeared c,- Printed Names) of Slgnerls) personally known to me - or - ❑ proved to me on the basis of satisfactory evidence: ❑ form(s) of identification ❑ credible witness(es) to be the person(K whose named is /4'e subscribed to the within instrument and acknowledged to me that 1* /she /they executed the same in % /her /tfleir authorized capacity(irp, and that by FX /her /tFllr signatures) on the instrument the personl or the entity upon behalf of which the person(A) acted, executed the instrument. WITNESS my hand and official seal. ig ME Q Gomm • 168R 6 a0M lu 91YtAHYPO C-CAL(fORMA a a onANGECOUNTV W Comm6gm Efgtl a Am 5.2009 2 LI § % Q— Signature of Notary PubR[ (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of C;\ ` V-_N ( \V �C�� � �E'GC ❑ Additional Signer(s) ❑ Signti Thumbprinabi ❑ Other containing pages, and dated 1 -C), \_0 - 05 The signer(s) capacity or authority is /are as: ❑ Individual(s) ❑ Attorney -in -Fact ['!Corporate Officer(s) ❑ Guardian /Conservator ❑ Partner - Limited /General ❑ Trustee(5) ❑ Other: representing: Name(,) of Per,um(s) or Enmy(ies) Signer Is Representing - C Copyright 2004 Notary Rotary, Inc. 925 29th St, Des Moines. IA 50312 -3611 Form ACK02 02,04 To reorder, call toll free 1 -877- 349 -6588 or visit m on the Internet at http//wwwVbecotaryshmp com License Detail • Page 1 of 2 Y:`.. IL ✓f i, s License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 448636 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 reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 09/28/2005 * * * Business Information * * * BELAIRE -WEST LANDSCAPE INC P O BOX 6270 BUENA PARK, CA 90622 Business Phone Number: (714) 523 -9200 Entity: Corporation Issue Date: 11/04/1983 Expire Date: 11/30/2005 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description C27 LANDSCAPING GENERAL ENGINEERING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 8082573 in the air http: / /www2.cslb.ca.gov /CSLB_LIBRARY /License +Detail.asp 09/28/2005 License Detail 0 • Page 2 of 2 $10,000 with the bonding company FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): This license filed Bond of Qualifying Individual i 08645796 for THOMAS CARROLL STORY in the amount of $7,500 with the bonding cot FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 01/29/2003 BOND OF QUALIFYING INDIVIDUAL(2): The Responsible Managing Officer (RMO) JA ELAINE STRUIKSMA certified that he/she owns 10 percent or more of the voting stock/equ corporation. A bond of qualifying individual is not required. Effective Date: 07/25/2001 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 1767393 Effective Date: 01/01/2004 Expire Date: 01/01/2006 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licei Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request B 2005 State of California. Conditions of Use Privacy Policy http: / /www2.csib.ca.gov /CSLB_LIBRAR`Y/License +Detaii.asp 09/28/2005 i 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 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 BOULEVARD BIOSWALE CONTRACT NO. 3741 CONTRACT THIS AGREEMENT, entered into this f day of QS 2005, by and between the CITY OF NEWPORT BEACH, hereinafter "City, and BELAIR WEST LANDSCAPE, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: NEWPORT BOULEVARD BIOSWALE This project modifies an existing drainage channel by removing a concrete V -ditch and installing an infiltration bioswale composed of river rock, gravel and sand. The area is re- landscaped with native type plants and irrigated with a temporary irrigation system. Contract No. 3741 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. 3741, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 0 • C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Ninety -Six Thousand, Two Hundred Fifty -Two and 001100 Dollars ($196,252.00). 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: Robert Stein (949) 644 -3322 Belaire -West Landscaping, Inc. 7371 Walnut Avenue Buena Park, CA 90620 Phone: 714 - 523 -9200 Fax: 714 - 523 -9201 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 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 11185) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectllocation 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 0 • 6. Right to Stop Work for Non - Comoliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner. for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 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 year first written above. APP VED AS TO FORM: iE SS c S4 ITY ATTORNEY ATTEST: w f(U&. 0, gaut, LaVonne Harkless, City Clerk 25 CITY OF NEWPORT BEACH A Munid I Corporation 7 IV BELAIRE WEST LANDSCAPE, INC.: By: (Corporate Officer) Title: Fpf-S t D+znr Print Name: jkf3 By: .rJ (Financial Officer) Title: T2z.6'su (LIZ Print Name: �N4 S t R u1lc�rtiAc EXECUTED IN FOUR COUNTERPARR* *UM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT CITY OF NEWPORT BEACH BASED ON FINAL CONTRACT PRICE PUBLIC WORKS DEPARTMENT NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 BOND NO. SU 501'7837 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $3,434,00 being at the rate of $ 17.50 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to BELAIR WEST LANDSCAPE, INC., hereinafter designated as the "Principal ", a contract for construction of NEWPORT BOULEVARD BIOSWALE, Contract No. 3741 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. 3741 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 CCMPANV _ 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 Ninety -Six Thousand, Two Hundred Fifty -Two and 00/100 Dollars (5196,252.00) 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 18TH day of OCTOBER , 2005. �Prr) �1KSVV\y BELAIR WEST LANDSCAPE, INC. (Principal) ARCH INSURANCE COMPANY Name of Surety 135 N. LOS ROBLES AVE, ##825 PASADENA, CA 91101 Address of Surety C626) 639. -•5200 Telephone /oodzedd Signature/Title Authorized Agent Signature PAM MCCARTHY, ATTORNEY -IN- -PACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 ALL ACKNOWLEDGEMENT ��- �PURPOSE State of0.u,i�C:0, �pp County of V c ss. On y L� – US before me, 6emq rN/) (Date) (Notary) �t y7 J a n 6- j ks m personally appeared I U Signer(s) (p/personally known to me or ❑ or proved to me on the basis of satisfactory evidence) to be the person(&} whose name(&) is/oCisubscribed to the within instrument and acknowledged to me that RENAE OROEN heshe /theyexecuted the same in bmilter /theif–authorized Gomm S 1585200 capacity(i ), and that by his/her /tlteYr signature(s) on NOTARY PUBLIC' CALIFORNIA ORANGE COUNTY the instrument the person(a)s or the entity upon behalf of �NryCOmmk� »rosJuna5,2008 which the person(aj acted, executed the instrument. WITNE Zy hand and official seal. Stamp clear impression of notary seal above. Notary's Signature OPTIONAL INFORMATION CAPACITY CLAIMED BY THE SIGNER DESCRIPTION OF THE ATTACHED ��°�QU &kd & ❑ Individual (s) 1.I f h' f' (j L a- Corporate Off c r Title of Document (Title) Number of Pages • Partner(s) /m - lP "DS- ❑ Attorney -in -Fact • Trustee(s) n oe t Dr to b ume V 0 T D Q L C- Other Otter Information CAPA v10.30.04 w .notarvclasses.cam 800- 873 -9865 CALIFORNIA ALL - PURPOSE ACKNOEDGEMENT State of California ss. County of San Be rnardino On OCTOBER 18, 2005 before me, Personally appeared Pam McCarthy Name(s) of Signer(s) x personally known to me 0 proved to me on the basis of satisfactory evidence t to be the person(s) whose name(s) is /are subscribed to the 'L^NET L. MILLER cOmn'1es1O" 1S91ti7t) within instrument and acknowledged to me that he /she /they Notary PubIIC . CaAtomto executed the same in his /her /their authorized capacity(ies), son Borrtartllno County and that by his /her /their signature(s) on the instrument the My Can". &Pkw Jul 20,2009 person(s), or the entity upon behalf of which the person(s) qr-W acted, executed the instrument. WITNESS my hand and official seal. Signature of Notar y Public �— OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:_ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General x Attorney -in -Fact O Trustee • Guardian or Conservator • Other. Signer is Representing: Top of thumb here N" V� ARCH Insurance Company NOTICE — DISCLOSURE OF TERRORISM PREMIUM ARCH Surety In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90 %) of covered terrorism losses exceeding the applicable insurer deductible. • 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 Pam McCarthy, Jay P. Freeman, Kelly A. Saitman and Janet L. Miller of Ontario, CA (EACH) 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 attorneys -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 Vice President, the seal of the Company, and certifications by the Vice President, 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. In Testimony Whereof, the Compans caused this instrument to be signed and corporate seal to be affixed by their authorized officers, this 14th day of June , 2005 Arch Insurance Company Attested and Certified WYtOR�T �v sFU ttp! / � NIif11d /n� �•� Mary JeaO a Ano6rio–R�4fte President Edward M. Titus, Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally, known to me to be the same persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL ��.��� KATHLEEN MARCINKUS, Nowly Public 4K424> &l Gty d Phlladelph a, Phlla. room' Kathleen Marcinkus, N tary Public M Comm ss on Exp res F.ebrua 25, 2006 My commission expires 2 -25 -06 CERTIFICATION I, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 14, 2005 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name Company on this 18TH, day of OCTOBER —.20 055 . Mary This Power of Attorney limits the acts of those named therein to the bonds and`undei and they have no authority to bind the Company except in the manner and to the extent Arch Insurance specifically named therein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors $ Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 COML0013 00 03 03 Page 2 of 2 y�w[OYPO�E�� MIif0111 Printed in U.S.A. Adik Y n a "R''X'q'9 �W" . NU). Wrvbitl4 .tl,.(QFYnAnAti..MU))4,t,�.u3rv$M:lrctt epPo.MM 'W'1^ wN TO..\ O Y. %iT.t F �L'I.�Y)IA7 kBta.')Ni. LtSICT Y. I a n 10116 105 io'<�Y .`n Fv<9 9.{1,n1..N.n S aC�'R: `NAkQi RY E DATEIMM /DD/YY j?ACORDEESTIFICA € m4E3W� aC .qY.4 PRODUCER 909- 941 -6699 Driver Alliant Insurance Jay Freeman THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 3270 Inland Empire Blvd., #100 COMPANY A Landmark American Ins Co /STL Ontario, CA 91764 INSURED Belaire West Landscape,. Inc. COMPANY United National Ins Co /STL e P.O. BOX 6270 COMPANY Buena Park CA 90622 C COMPANY D p 35 p CODE {\ //LLG,E �4*J 2Y � Fo �' p E. S ^naF'o ., <e,'%aSRr -%/�.R h'...r✓!...�.,M...,... .0. .�� "N �... i- t.'->`?' i�Q�LS: iF�vL 'YwEL.eFo..�ae�.€'�iw�..�(a .try .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DDNYI POLICY EXPIRATION DATE IMM /DD/YYI LIMITS A GENERAL ^ LIABILITY I COMMERCIAL GENERAL LIABILITY LHA127627 2/13105 2/13106 GENERAL AGGREGATE 5 2 000 000 PRODUCTS - COMP/OP AGO 5 2,000,000 CLAIMS MADE O OCCUR PERSONAL & AOV INJURY 6 1,000,000 EACH OCCURRENCE 0 1,000,000 OWNER'S & CONTRACTOR'S PROT X FIRE DAMAGE (Any one lire) '$ 50,000 BI /PD Dad: $5,000 MED EXP IAnY one Person) 6 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 6 ANY AUTO BODILY INJURY (Par ppr'onl 6 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY IP&ecutlent) e HIRED AUTOS MON -OWNED AUTOS PROPERTY DAMAGE 6 GARAGE LIABILITY AUTO ONLY' EA ACCIDENT 6 OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT 6 AGGREGATE 6 B EXCESS LIABILITY FCX0002293 2113105 2/13/06 EACH OCCURRENCE 5 5,000,000 AGGREGATE 5 5,000,000 UMBRELLA FORM I $ X OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND WC STATU O ,IMITS OTH -I EMPLOYERS' LIABILITY EL EACH ACCIDENT 9 EL DISEASE � POLICY LIMIT 6 THE PROPRIETOR/ INCL PARTNERS /EXECUTIVE EL DISEASE - EA EMPLOYEE a OFFICERS ARE: EXCL OTHER • 10 Days Notice for Non -Pay. DESCRIPTION OF OPERATIONSMOCATIONSIVEHICMS /SPECIAL ITEMS Re: Contract No. 3741, Bioswale, Landscape, Irrigation. The City, its officers, officials, employees and volunteers are additional insureds as per form attached. Primary wording is included. Waiver of Subrogation is included as... (Continued on attached.) �C£R71f,ICATfc,}10LI7fC @, g$a"�,.a`?`ay,,.7$?a `.x '""'w„' gCANCEtIaATION„o-t .; m. p.°estr�,3�. »�.<w °•,`.°r�aa'°o"° `ra.".4.x'�wa' ....x .s, ?...... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn: Robert Stein /Shari Rooks • 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 3300 Newport Blvd. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Newport Beach, CA 92658 a I �^ f y"4,. a waamla.e$rgL3.. gGOlip125;;5, {tt95��33��� ,, „, g_.40 T.6b?, ., OF ANY XIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ALIT RED PEP ENT VE_ - ti: .�Sy.£" } /.v�'.l "✓ 1_' t E<wi witssFfi ?z�OAGORD.Cf)RPORATION�198Q Continued from Descr0ion of operations secti, ...per form attached. Aggregate Limits apply per project. • LANDMARK AM0CAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET - PRIMARY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: The City, its officers, agents, officials, employees and volunteers 3300 Newport Blvd. Newport Beach, CA 92650 Re: Contract No. 3741, Bioswale, Landscape, Irrigation Any person or organization to whom or to whichi you are obligated by virtue of a written contract or by the issuance or existence of a permit, to provide insurance such as is afforded by this policy. (If no entry appears above, information requird to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II - WHO IS AN INSURED is amended to incluee as an insured the person or organization shown in the SCHEDULE, but only with respect to liability arising out of "your work" for that insured by or for you. If you are required by a written contract to provide primary insurance, this policy shall be primary as respects your negligence and SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective: 2/13/2005 forms part of Policy Number: LHA127627 issued to: Belaire West Landscape, Inc. by: Landmark American Insurance Company Endorsement No. RSG 15001 0903 (CG 2010 1185) Includes copyrighted material of Insurance Services Office, Inc. 1984 with its permission • LANDMARK AM•CAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINS OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: The City, its officers, agents, officials, employees and volunteers 3300 Newport Blvd. Newport_ Beach, CA 92650 Re: Contract No. 3741, Bioswale, Landscape, Irrigation Any Person or Organization As Required By Written Contract The following is added to SECTION IV - CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of "your product" or "your work" done under a written contract with that person or organization and included in the "product- completed operations hazard ". This waiver applies only to the person or organization shown in the SCHEDULE above. This endorsement effective: 2/13/2005 forms part of Policy Number: LHA127627 issued to: Belaire West Landscape, Inc. by: Landmark American Insurance Company Endorsement No. RSG 14048 0903 Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission 10/20,'2005 27:08 0054979437 STATE FARM ?NSURANCE PAGE 02 CERTIFICATE OF INSURANCE wis5c's�, T t ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois STATE FARM GENERAL INSURANCE COMPANY, Blnnminatnn, IllinniG In wing policyholder for the coverages indicated below: f policyholder BELAIRE WEST LANDSCAPE INC. Address of policyholder PO BOX 6270 BUENA PARK CA 90622 Location of operations VARIOUS Description ofoperatmons LANDSCAPE OPERATIONS JOB # 3741 The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies suhiact to all the terms exclusions and conditions of those oolicies_ The limits of liability shown may have been reduced by any paid claims, CERTIFICATE HOLDER{ 5) ARE NAMED ADDITIONAL If any of the described policies are canceled before its INSURED (S) AS PER ATTACHED ENDORSEMENT AND expiration date, State Farm wdaysC before a written notice to the certificate holder $0 days before cancellation.X9 WITH RESPECT TO WORK PERFORMED BTORWAL,E,LAND- SCAPE & IRRIGATION. CITY OF NEWPORT BEACH, CA.vN¢¢}p XrAmmXFPXX X XR17CRtXX§,Sg�Ti X'Ar CONTRACT NO.3741,ADDITIONAL INSUREDS: THE CITTJMAMQ{4f+iC ITS OFFICERS, OFFICIALS,EMPLOYEES, AND VOLUNTEERS Name and Address, of Certificate Holder CITY OF NEWPORT BEACH - 3300 NEWPORT BLVD SignaburlY of Authorized Representative NEWPORT BEACH, CA 9265E 558 -ilea a 2--r` U Pnnmed to u.S.A AGENT 10/20/05 Date POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiration Date at beginning of policy period) Comprehensive BODILY INJURY AND Suainaaa Liability PROPERTY nAMA(;F This insurance includes: ❑ Products - Completed Operations ❑ Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $ ❑ Personal Injury ❑ Adverficina Iniury General Aggregate S ❑ Explosion Hazard Coverage Products - Completed ❑ Collapse Hazard Coverage Operations Aggregate $ ❑ General Aggregate Limit applies to each project BODILY INJURY AND PROPERTY DAMAGE POLICY PERIOD EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit) ❑ UmhrPJln Each Occurronco $ Other Aggregate S Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation and Employers Liability Each Accident S Disease Each Employee $ Disease - Policy Limit S POLICY NUMBER TYPE OF INSURANCE r OLICY PCRIOD LIMITS of LIABILITY Effective Data Fat iratian Data at beginning of policy period) 056- 6526 -7 UTO L LITY 0 05 103/06/06 $1,000,00Q N N- AUTO CSL FIIRED AUTO CERTIFICATE HOLDER{ 5) ARE NAMED ADDITIONAL If any of the described policies are canceled before its INSURED (S) AS PER ATTACHED ENDORSEMENT AND expiration date, State Farm wdaysC before a written notice to the certificate holder $0 days before cancellation.X9 WITH RESPECT TO WORK PERFORMED BTORWAL,E,LAND- SCAPE & IRRIGATION. CITY OF NEWPORT BEACH, CA.vN¢¢}p XrAmmXFPXX X XR17CRtXX§,Sg�Ti X'Ar CONTRACT NO.3741,ADDITIONAL INSUREDS: THE CITTJMAMQ{4f+iC ITS OFFICERS, OFFICIALS,EMPLOYEES, AND VOLUNTEERS Name and Address, of Certificate Holder CITY OF NEWPORT BEACH - 3300 NEWPORT BLVD SignaburlY of Authorized Representative NEWPORT BEACH, CA 9265E 558 -ilea a 2--r` U Pnnmed to u.S.A AGENT 10/20/05 Date 10/20/2005 11-:08 805497943' STATE FARM INSURANCE PAGE 03 (Prior NoticeofTerowination) . This eadorsemeat is s part of your. policy. Sept for the changes it makes, all other terms of the,poiicy rernain.the same and apply to this endorsemem. It is effective at the same rirncas yuurpWcy If issued whb it. If issued at a bttcr-date die narn policy mtnsbei and-efieelilva datetitusr. be shown . Issued by STATE FARM MLTTUAI. AUfoMOAILE- iNSLIIt_ sci CBNLPANY of BRiominebU4 1111nu6t - the AND CASUALTY COO Ar¢Y of NwwiaStbn.,.IWGUis.." awww by the cumpaws name on the Palicy of which tids M[ cndoragocnt .. a STATE FARM TUAL AIITONOBILE ANC'E MANY Policpnutrrber' p56-- 6526 -75 Covtlte $QQ,S jMbo&e4a*. 3/ fi /�0 12:01 A.M. Standard' ittw AuthorizeRzRcprescatative It is agreed that Liability ., Coverage A of your policy is oxtco&d to the party named on the declarations page as on. Additional Insumd. The Additional Insured is subject to the provisions, of the eoiieYErinting coverage riban &AW04otherthanyoa. The Addi ionalInotrod: L has the same right of recovery uader this policy asbefore; 2. is not liable for any premium or othr„r ctpwm undctthis policy; 3. is sot a member of [dn Stare Tatno Mutuaf Auwniptlilc ,tnssrance Company of E.bometag[on. Illinois. This policy will not be changed or terminated as to the interest of the Additional Insured vales we give suoh insured nodcr- The number of days' notice we will give is tent unless another number is shown on lbe declarations page, P ADDITIONAL INSURED: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 ADDITIONAL INSUREDS: THE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES] AND VOLUNTEERS 10/17/2005 16:19 • CERTHOLDER COPY STATE P.O. BOX 420$07, SAN FRANCISCO,CA 94142 -0807 COMPENSATION IN sun NCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10 -17 -2005 GROUP• POLICY NUMNR: 1767293 -2005 CERTIFICATE 1D'. 106 CERTIFICATE EXPIRES: 01 -01 -2006 01- 01- 2005/01 -01 -2006 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH CA 92WO SP J08:3741- BIOSWALE This is to certify that we have issued a valid Workers' Cempansatlon insurance policy in a form approved by the California Insurance Commissioner to the employar named below for the policy period indicated This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you SO days advance notice Should this policy be calcelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amsn4 extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be Issued or to which it may pertain the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: '21,000,000 PER OCCURRENCE. ENDORSEMENT #0018 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2005 -10 -17 IS ATTACKED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH ENDORSEMENT #1600 - dMICE STRUIKSMA -tMWEN PRES SEC - EXCLUDED. ENDORSEMENT #1600 - DUANE MEN VP TREAS - EXCLUDED. ..�. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01 -01 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. -� ENDORSEMENT 92570 ENTITLED WAIVER OF SUBRDOATION EFFECTIVE 2005 - 10.17 IS ATTACKED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER BELAIRE -WEST LANDSCAPE, INC. PO BOX 8270 BUENA PARK CA 80622 REV.2.051 SP IKAP,CNI PRINTED : 10 -17 -2005 NO.216 9002 SP CT -28 -4005 101::5,2) FROM: �1 7149391654 T0�49 644 3318 P.1 /1 Fax # ! `t �dl i '- 3 I f • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport I Date Received: IG �b v lG r- Dept. /Contact Received From: Date Completed: / Sent to: .flit io �,f'�- — Company /Person required to have certificate: f�c 1S j t r. A,,-& leach. i ��•1GiGLle 0/6 By !( lA +21 01 ,4 r i. GENERAL LIABILITY // � JJ � 'Y)-04 fr 01 A. INSURANCE COMPANY: LC ildf') {1" /Csy4•s 1 f' - , .; B. AM BEST RATING (A: VII or greater); C. ADMITTED Company (Must be Calftmia Admitted): Is Company admitted in California? Q Yes No t_4Iw /r)WI D. LIMITS (Must be $1 M or greaterj: What is limit provided? e-wei et c � � E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? [ 'Yes F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its 1. officers, officials, employees and volunteers): Is it included? ® °Yes [] No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Q Na 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? 0 Yes ciTlo I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mall; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY r� /I r L i r 1 Al Ile INSURANCE COMPANY: 3)4n4 !`vl f7 l E 0 ti c G?a � B. AM BEST RATING (A: VII or greater): ' A+ XV C. ADMITTED COMPANY (Must be Califomia Admitted): �,// Is Company admitted in CaI fcmla7 Bd os ❑ No D. LIMITS (Must be $1M min. 81 & PD and $600,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included7 Yes 0 No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? U [] Yes ; 140 G. NOTIFICATION OF CANCELLATION: Although there is a provision the requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION j A. INSURANCE COMPANY: 1 /•%isC (C:'ii' /��- t'.s'iS•:!i�fi7 ��•�`LU-CGnu -L B. AM BEST RATING (A: VII or greater): t oL C. LIMITS: Statutory .��° D. WAIVER OF SUBROGATION (To include): Is it included? e2va 1 Yea es ❑ NoH AVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO. WHICH ITEMS NEED TO BE COMPLETED? G-eipl. i A ttt_ w^> 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 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. 3741 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 @ '.0 S a.ti C Dollars and 66 Cents $ o Uv Per Lump Sum 2. 1 Lump Sum Protection /Demolition @ {IOS T/Lo�SJ Dollars and /UD Cents Per Lump Sum P PR2of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 9 5. 91 rA 91 535 C.Y. Excavation @ Dollars and ,✓O Cents $ Za $ /O 700 Per Cubic Yard 115 C.Y. Fill @ %wsY Dollars and .V o Cents $ 2o $ 2, 300 Per Cubic Yard 12 C.Y. Decomposed Granite @ -2-Ho Ila"wep k�0-SdoIIars and 6 ' No Cents $ 2 S $ d o 0 Per Cubic Yard 11 C.Y. Concrete @-774-'0 7A",5 y j!J Dollars and N© Cents $ Z DO° Per Cubic Yard 13 C.Y. Grouted Riprap Dollars and �O Cents Per Cubic Yard 147 C.Y. River Rock and Granite Boulders P. VCP1 �1 @ �%I�IP j���,� d.� � �ollSars n ` v and � V e �y 0� I Cents $ f $ Per Cubic Yard �J PR3of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 64 C.Y. Sand and n/U Cents Per Cubic Yard 10. 52 C.Y. Gravel @ OrNS 411iypsv Fr�Dollars and N� Cents Per Cubic Yard 11. 110 L.F. 6 -Inch Concrete Header Dollars and /V O Cents $ 15— Per Linear Foot 12. 305 L.F. 6 -Inch PVC Perforated Pipe Dollars and N' O Cents $ Per Linear Foot 13. 3 L.F. 18 -Inch RCP (2000 -D) Storm Drain @ 5��� F%ssDollars and dyy Cents $ Per Linear Foot 14. 1 L.S. Outlet Structure for 18" RCP @ 7A-'2rc ✓lam Dollars and Cents $ ? acc Per Lump Sum 0 • ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 1 L.S. Trash Rack @E /GS�T 71104SAo,�f Dollars and A10 Cents $ Per Lump Sum 16. 1 L.S. Guard Rail with Terminal Railing System @LFf"^'Tvf Dollars and /yU Cents Per Lump Sump 17. 1 L.S. Ice Plant Removal @ 7LfV-jr5' Tffous9d-t> Dollars and c D /11W Cents $ 3� Per Lump Sum 18. 4,673 S.F. River Rock Suppo F �f ric of one @ z�+d-� Dollars and (4 AJy Cents $d $ �? 7 Per Square Foot 19. 9,784 S.F. Slope Stabilization Fabric (3 -D Fabric) @ 040 CJollc✓t Dollars and �1 Ci Cents $ Per Square Foot 20. 1,731 S.F. Sand /Gravel Filter Fabric @ AOAI�r Dollars and /V 0 Cents $ $ 73� Per Square Foot 0o . E PR5of8 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 21. 69 Ea. 5- Gallon Plant Material @ Dollars and /YO Cents $ 30 $ zi 070 Per Each 22. 33 Ea. 1- Gallon Plant Material @ Dollars and 4/0 Cents $ $ q9 S Per Each 23. 53 Ea. Rooted Cutting Plant Material @ F1/" r_4J Dollars and !tic_) Cents $ 5� $ 79!r Per Each 24. 19 Ea. D -40 Plant Material @ fir��� Dollars ��C' and /s' ,4)0 Cents $ $ Per Each 25. 43 Ea. Tree Band Plant Material @ F/,-,1J Dollars and /S v Cents $ $ Per Each 26. 8 C.Y. Mulch @ 0/4— 1-1%-,;rvg4�IIars and 'PO6 /VU Cents $ OD $ Per Cubic Yard E 0 .. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 27. 16,200 S.F. Hydroseed @1A ollars and o ° U Cents Per Square Foot 28. 1 L.S. Backfill and Organic Amendment @ 7`1V2-1-:r �0 Dollars and jyc) Cents $ QpO Per Lump Sum 29. 1 L.S. Water Meter /Backflow @ %107:rC 771oi:�(**Aollars and V0 Cents $ 3, Per Lump Sum 30. 1257 L.F. PVC Irrigation Mainline @ 7-70 C> Dollars and N o Cents $ 2 $ Z S! Per Linear Foot 31. 4 Ea. Battery Control Valves @ Fi�S /"�'^»+��Dollars and Cents Per Each 32. 1 Ea. Battery Field Transmitter @ Fib �"ollars and /y E) Cents $ s $ 5-0y Per Each 0 E PR7of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 33. 1 L.S. Lateral Pipe and Fittings @ Tom! TJAZ.sryJP Dollars and AX) Cents $ A�, 0, 0 Per Lump Sum 34. 25 Ea. Spray Heads @ dNS Dollars and i1JV Cents $ lab $ Zi 5-0C) Per Each 35. 1 L.S. 60 -Day Establishment @ %/1w-sS 7Aaa&U5 Dollars and _Al-0 Cents $ 3 po o Per Lu`mp Sum 36. 1 L.S. 90 -Day Plant Maintenance C ��/7�U Cents $ ° Per Lump Sum 37. 1 L.S. Traffic Control @ �'- P�diDoIlars and t- �, Cents $ J Per Lump Sum 38. 1 L.S. Water Control and 6 a 0 Cents $ Jr Per Cubic Yard • PR8of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 39. 1 L.S. WPCP Twa 7-X%4/14taeDoIIars and iU Cents 00� Per Lump Sum 40. 1 L.S. Survey '2!06 7f*yv Ao�-Collars and 6 0� kt) Cents $_ Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and Vu Cents $ / !(v, Sf LS v Total Price Price (Figures) G /sue Date (7I q) S-23-9200 §43-9201 Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) Bidder ,15idder's Authorized Signature an Title 7.5-7/ e47/5-' Bidders Address f:lusers\pbw\shared\coniracfsW 05 -0fteMort bNd bbSmle c- 3741\proposal o-3741,doc 1 • COMMENCEMENT OF WORK 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT BOULEVARD BIOSWALE CONTRACT NO. 3741 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7.8.1 "Cleanup and Dust Control" 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 7 7 -8.6.2 Runoff Diversion Plan 7 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic Control and Access 7 7- 10.1.1 Construction Area Traffic Control Devices 7 7- 10.1.2 Construction Area Signs 8 7- 10.1.3 Maintaining Traffic 9 7 -10.3 Street Closures, Detours and Barricades 11 7 -10.4 Public Safety 11 7 -10.7 Notices to Residents 12 7 -15 CONTRACTOR'S LICENSES 13 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 13 SECTION 9 MEASUREMENT AND PAYMENT 14 9 -3 PAYMENT 14 9 -3.1 General 14 9 -3.2 Partial and Final Payment 20 PART 2-- CONSTRUCTION MATERIALS SECTION 200 ROCK MATERIALS 21 200 -1 ROCK PRODUCTS 21 200 -1.5 Sand 21 200 -1.6 Stone for Riprap 21 SECTION 201 CONCRETE, MORTAR, AND RELATED 21 MATERIALS 0 0 201 -1 PORTLAND CEMENT CONCRETE 21 201 -1.1.2 Concrete Specified by Class 21 201 -2 REINFORCEMENT FOR CONCRETE 21 201 -2.2.1 Reinforcing Steel 21 201 -5 CEMENT MORTAR 21 201 -5.6 Quick Setting Grout 21 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 22 212 -1 LANDSCAPE MATERIALS 22 212 -1.2 Soil Fertilizing and Conditioning Materials 22 212 -1.2.3 Commercial Fertilizer 22 212 -1.2.4 Organic Soil Amendment 22 212 -1.2.5 Mulch 23 212 -1.4 Plants 23 212 -1.4.1 General 23 212- 1.4.2.1.9 Enzyme Stimulant 24 212 -1.5.3 Tree Stakes 24 212 -2 IRRIGATION SYSTEM MATERIALS 24 212 -2.1.1 General 24 212 -2.1.3 Plastic Pipe for Use with Solvent Weld Socket or 24 Threaded Fillings 212 -2.2.4 Remote Control Valves 25 212 - 2.2.4.1 Battery Control Unit 25 212 - 2.2.4.2 Wireless Programmer 25 212 -2.2.7 Valve Boxes 25 212 -2.4 Sprinkler Equipment 25 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 26 300 -1 CLEARING AND GRUBBING 26 300 -1.3 Removal and Disposal of Materials 26 300 -1.3.1 General 26 300 -1.5 Solid Waste Diversion 26 300 -7 EARTHWORK FOR CHANNELS 27 300 -7.4 Fill and Backfill 27 300 -9 GEOTEXTILES FOR EROSION CONTROL 27 300 -9.1 Bank and Slope Protection 27 300 -10 GEOTEXTILES FOR SEPARATION 27 300 -10.1 Subgrade Enhancement 27 0 0 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATION 27 308 -1 GENERAL 27 308-2 EARTHWORK AND TOPSOIL PLACEMENT 28 308 -2.1 General 28 308 -2.2 Trench Excavation and Backfill 28 308 -2.3 Topsoil Preparation and Conditioning 28 308 -2.3.3 Weed Control 28 308 -2.4 Finish Grading 29 308 -3 HEADER INSTALLATION 29 308 -3.1 Concrete Headers 29 308 -4 PLANTING 29 308 -4.3 Layout and Plant Location 29 308 -4.5 Tree and Shrub Planting 30 308 -5 IRRIGATION SYSTEM INSTALLATION 31 308 -5.1 General 31 308 -5.2 Irrigation Pipeline Installation 32 308 -5.2.1 General 32 308 -5.2.3 Plastic Pipeline 32 308 -5.3 Installation of Valves, Valve Boxes, and Special 33 Equipment 308 -5.4 Sprinkler Head Installation and Adjustment 33 308 -5.4.2 Location, Elevation, and Spacing 33 308 -5.6 Flushing and Testing 33 308 -5.6.1 General 33 308 -5.6.2 Mainline and Lateral Pipeline Pressure Test 34 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT 34 308 -6.1 General 34 308.6.2 Charts, Manuals, and Drawings 34 308 -6.2.3 Manuals 34 308 -6.3 Equipment 35 308 -6.3.1 Loose Equipment to be Furnished 35 308 -7 GUARANTEE 35 0 . CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTME� SPECIAL PROVISIONS P NEWPORT BOULEVARD BIOSWALE CONTRACT NO. C -3741 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. D- 5266 -S); (3) the City's (latest edition), including Supplements; (4) Standard Specifications for Public Works Construction (latest edition), including supplements, and (5) Caltrans Standard Specifications (latest edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. 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 demolition, clearing, grubbing, grading, constructing concrete lining, placing grouted stone, sand, gravel, and rock, modifying storm drain laterals, planting, installing concrete header and temporary irrigation, restoring existing improvements impacted by the work, irrigation and landscaping, and constructing other incidental items of work." 0 0 SP 1 OF 36 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT BOULEVARD BIOSWALE CONTRACT NO. C -3741 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. D- 5266 -S); (3) the City's (latest edition), including Supplements; (4) Standard Specifications for Public Works Construction (latest edition), including supplements, and (5) Caltrans Standard Specifications (latest edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of demolition, clearing, grubbing, grading, constructing concrete lining, placing grouted stone, sand, gravel, and rock, modifying storm drain laterals, planting, installing concrete header and temporary irrigation, restoring existing improvements impacted by the work, irrigation and landscaping, and constructing other incidental items of work." 0 2 -9 SURVEYING • SP2OF36 2 -9.3 Survey Service. Add to this section: 'The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. All existing street centerline ties and property comer monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1.5 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." 0 0 SP3OF36 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 the east side of the concrete ditch is damaged, the Contractor shall implement an appropriate structural repair at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. If necessary, The Contractor shall adjust to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, Pacific Bell, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SP4OF36 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 and a pre - construction meeting has been conducted. A Notice to Proceed will not be issued until the Construction Schedule, Best Management Practices and Monitoring Program in accordance with Section 7 -8.6.1 and Water Diversion Plan in accordance with Section 7 -8.6.2 have been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until 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: "Except for the Plant Establishment and Plant Maintenance work, the Contractor shall complete all work under the Contract within forty-five consecutive working days after the date on the Notice to Proceed." Plant maintenance and establishment periods are defined in Section 308 -6. " It shall be the Contractor's responsibility to ensure the availability of all materials 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', the first Monday in September (Labor Day), November 11"' (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 2e, (Christmas Eve — half day), December 251h (Christmas), and December 3151(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 7:00 a.m. to 7:00 p.m. Monday through Friday. • • SP5OF36 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. The request may be for 7:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.75 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West • • SP6OF36 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE Section 7.8.1 "Cleanup and Dust Control of the GREENBOOK add the following: "No separate payment will be made for any work performed or material used to control dust resulting from the Contractor's performance of the work, or by public traffic, either inside or outside the right -of -way. Construction activities will take place immediately adjacent to Newport Boulevard and therefore dust Control shall be strictly enforced. Subject to paragraph two of Section 7.8.1, "Cleanup and Dust Control," of the GREENBOOK, the Contractor is required to furnish and operate a self loading motor sweeper with spray nozzles a minimum of once each work day, when and where required for proper dust control, and as directed by the Engineer. Cost for furnishing and operating a water truck and sweeper (including those instances in addition to the minimum requirements) shall be included in the various items of work involved and no additional compensation will be allowed therefore. Performing the minimum dust control required by the contract will in no way relieve the Contractor from their responsibility for providing adequate dust control measures. Additional measures may be required during periods of high winds and shall be included in the Contractor's costs.° 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water from construction activities, including all water used during sawcutting operations, containing mud, sift 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 downstream storm drain." Dewatering of contaminated groundwater, or discharging contaminated soils via surface erosion is prohibited. Dewatering of non - contaminated groundwater requires a national pollutant discharge elimination system permit from the respective state regional water quality control board. Immediately notify the engineer if groundwater is encountered. 9 7 -8.6.1 Best Management Practices and Contractor shall submit a Best Management Practice wastewater or storm water runoff from the project site following: 9 SP7OF36 Monitoring Program. The (BMP) plan for containing any including, but not limited to the a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw- cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -8.6.2 Runoff Diversion Plan. Contractor shall submit a plan to divert the natural drainage in the V -ditch around the construction areas. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic Control and Access. Delete this section of the Standard Specifications and refer to State Specifications and following modifications. 7- 10.1.1 Construction Area Traffic Control Devices Flagging, signs, and all other traffic control devices furnished, installed, maintained, and removed when no longer required shall conform to the State provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Category 2 devices purchased on or after October 1, 2000 shall be on the Federal Highway Administration (FHWA) Acceptable Crashworthy Category 2 Hardware for Work Zones list. This list is maintained by FHWA and can be located at the following internet address: http: / /safety.fhwa. dot.gov/fourth level /hardware /listi ng. cfm ?code= workzo ne. The Department maintains a secondary list at the following internet address: hftp://www.dot.ca.gov/hq/traffops/signtech/siqndel/pdf.htm. 0 0 SP8OF36 Category 2 devices that have not received FHWA acceptance, and were purchased before October 1, 2000, shall not be used. If requested by the Engineer, the Contractor shall provide a written list of Category 2 devices to be used on the project at least 5 days prior to beginning any work using the devices. For each type of device, the list shall indicate the FHWA acceptance letter number and the name of the manufacturer. 7- 10.1.2 CONSTRUCTION AREA SIGNS Construction area signs shall be furnished, installed, maintained, and removed when no longer required in conformance with the State provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Attention is directed to the provisions in 'Pre- qualified and Tested Signing and Delineation Materials" of these special provisions. Type II retroreflective sheeting shall not be used on construction area sign panels. The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing excavation for construction area sign posts. The regional notification centers include, but are not limited to, the following: Notification Center Telephone Number Underground Service Alert- Northern 1- 800 - 642 -2444 California USA 1- 800 - 227 -2600 Underground Service Alert- Southern 1- 800 - 422 -4133 California USA 1- 800 - 227 -2600 Excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes. Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced plastic as specified under 'Pre- qualified and Tested Signing and Delineation Materials" of these special provisions. The Contractor may be required to cover certain signs during the progress of the work. Signs that are no longer required or that convey inaccurate information to the public shall be immediately covered or removed, or the information shall be corrected. Covers for construction area signs shall be of sufficient size and density to completely 0 • SP9OF36 block out the complete face of the signs. The retro- reflective face of the covered signs shall not be visible either during the day or at night. Covers shall be fastened securely so that the signs remain covered during inclement weather. Covers shall be replaced when they no longer cover the signs properly. 7- 10.1.3 MAINTAINING TRAFFIC Attention is directed to Sections 7 -1.08, "Public Convenience," 7 -1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the State Standard Specifications and to the provisions in "Public Safety" of these special provisions and these special provisions. Nothing in these special provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 7 -1.09 of the State provision. Refer to the attached plan for shoulder closure. No work that would require a Overlay (As appropriate) C18 �� �M C23 *CC 0 (Rt) I � NII Wit OIIIKiRDCIpN or HI0171(See Note 1 See Note IS See Note 16 AHEM AHEAD A Sea Note 6 0 Cones I 7L --- 1� -� — — — • • —s •+ • �m — — Aavonce warning signs 210 m (700'}' jL.___210 rr To 300 m 11000') oport, p See Notes 3 and 4. Median should•• per Note 8 1 'Sae Note NOTES L Median lane closures shall conform to the details for outside lone closures except that C20 (Lt) signs shall be used. 2' Not less than one person shaft be assigned to full time maintenance of traffic control devices on ap night lone closures or doy -time closures exceeding L6 km ( I mile) in length, including taper. 3' DUpfCate sign Installations are not required: a) On opposite shoulder If of least one -half of the ovallable Ions remain open to traffic. .. . _ .. SHOULDER CLOSURE G. if the CIS (or C23) sign would follow within 600 m (20001) of a stationary CIS. C23 or CII "STATE HIGHWAY CONSTRUCTION NEXT - MILES". use a C20 sign for the first advance warning sign. T. Place o C30 sign every 600 m (2000') throughout length of lone closure. 8. One flashing arrow sign for each lone closed. The first flashing arrow sign shall be Type I. AA others may be either Type I or Type II. 9. A minimum 450 m ( 1500') of sight distance ¢hnll ho nrnviAnA vh<re nn¢UMa fnr vahfnba LANE C 12.Unless otherwise specif Provisions, a minimum o' placed transversely ocr aw shoulder at each k across a traffic lane e (200(Y) as shown on the Two Type II barricades +he 3 cones. The trans cones or barricades on may Co shifted from tl alignment to provide CC 13.Urdess otherwise specif Provisions, the 150 m (5 ninanrw ahnrn Mnnn Inca, 0 0 SP 10 OF 36 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall abide by the California Department of Transportation's General and Special Provisions (Attachment A). All traffic control shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 1996 Edition. The traffic control and shall satisfy the following requirements: 1. No northbound lane closures on Newport Boulevard will be allowed prior to 9 a.m. 2. Emergency vehicle access shall be maintained at all times. 3. All advanced warning sign installations shall be refiectorized and/or lighted." 7 -10.4 PUBLIC SAFETY Delete this section of the Standard Specifications and refer to State Specifications and following modifications. The Contractor shall provide for the safety of traffic and the public in conformance with Section 7 -1.09, "Public Safety," of the State Standard Specifications and these special provisions. The Contractor shall install temporary railing (Type K) between a lane open to public traffic and an excavation, obstacle or storage area when the following conditions exist: A. Excavations. —The near edge of the excavation is 3.6 m {12 feet} or less from the edge of the lane, except: 1. Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. 2. Excavations less than 0.3 -m {one foot) deep. 3. Trenches less than 0.3 -m {one foot) wide for irrigation pipe or electrical conduit, or excavations less than 0.3 -m {one foot) in diameter. 4. Excavations parallel to the lane for the purpose of pavement widening or reconstruction. 5. Excavations in side slopes, where the slope is steeper than 1:4 (vertical: horizontal). 6. Excavations protected by existing barrier or railing. B. Temporarily Unprotected Permanent Obstacles. —The work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or the Contractor, for the Contractor's convenience and with permission of the Engineer, removes a 0 0 SP 11 OF 36 portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. C. Storage Areas. — Material or equipment is stored within 3.6 m {12 feet} of the lane and the storage is not otherwise prohibited by the provisions of the Standard Specifications and these special provisions. The approach end of temporary railing (Type K), installed in conformance with the provisions in this section "Public Safety" and in Section 7 -1.09, "Public Safety," of the Standard Specifications, shall be offset a minimum of 4.6 m {15 feet} from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than 0.3 -m {one foot} transversely to 3 m {10 feet} longitudinally with respect to the edge of the traffic lane. If the 4.6 -m {15 -foot} minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing. Temporary Railing (Type K) shall conform to the provisions in Section 12 -3.08, "Temporary Railing (Type K)," of the State Standard Specifications. Temporary railing (Type K), conforming to the details shown on 1999 Standard Plan T3, may be used. Temporary railing (Type K) fabricated prior to January 1, 1993, and conforming to 1988 Standard Plan 611 -30 may be used, provided the fabrication date is printed on the required Certificate of Compliance. Temporary crash cushion modules shall conform to the provisions in 'Temporary Crash Cushion Module" of these special provisions. When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 3 m {10 feet} without written approval from the Engineer. Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians. 7 -10.7 Notices to Residents. Five working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 • • SP 12 OF 36 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a Contractor A or C -27 License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As-Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. Item No. 1: Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a project office if needed, preparing final WPCP and construction schedule, reviewing all permits obtained by the City and obtaining other permits and compliance as required by the Contract Documents. Item No. 2: Protection /Demolition: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipments, and incidentals, and 0 0 SP 13 OF 36 for doing all the work involved in protection or demolition as specified in these construction documents , including the, removal and disposal of the resulting material and all other work items required to complete the work in place. Item No. 3: Excavation: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in excavation and removal of excess materials as specified in these construction documents and all other work items required to complete the work in place. Item No. 4: Fill: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in placing earthen fill to the specified compaction and finished grades as specified in these construction documents and all other work items required to complete the work in place. Item No. 5: Decomposed Granite: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in placing decomposed granite to the specified compaction and finished grades as specified in these construction documents, and all other work items required to complete the work in place. Item No. 6: Concrete: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for concrete slope and invert protection, concrete transition, cut -off walls. Work under this item shall include furnishing and placing forms foundation, weep holes, expansion joint filler, mortar, reinforcement, cut -off stubs, cut -off walls, footings and aprons, complete in place, as specified in these construction documents and all other work items required to complete the work in place. Item No 7: Grouted Riprap: Work under these items shall include full compensation for furnishing all labor, materials, tools, equipments, and incidentals, and for doing all the work involved in excavation, rock and weep -hole placement, and concrete grouting, as specified in these construction documents and all other work items required to complete the work in place. Item No. 8: River Rock and Granite Boulders: Work under these items shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in excavation and placing rock and isolated boulders as specified in these construction documents and all other work items required to complete the work in place. Item No. 9: Sand: Work under these items shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in excavation and placing sand as specified in these construction documents and all other work items required to complete the work in place. 0 SP 14 OF 36 Item No. 10: Gravel: Work under these items shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in excavation and placing gravel as shown on the plans, as specified in these specifications, and all other work items required to complete the work in place. Item No. 11: 6 -inch Concrete Header: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary for installing the 6 -inch concrete header including excavation, compacting sub - grade, placing reinforcing steel, constructing header, as specified in these construction documents and all other work items as required to complete the work in place. Item No. 12: 6 -inch PVC Perforated Pipe: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary for installing the 6 -inch PVC Perforated Pipe, including trench excavations, shoring, bracing, controlling surface water, installing pipe, installing external joint sealer, placing bedding and crushed miscellaneous base, compaction, fittings, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials, as specified in these construction documents and all other work items as required to complete the work in place. Item No. 13: 18 -inch RCP (2000 -D) Storm Drain: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary for installing the 18 -inch RCP and concrete collar, including trench excavations, shoring, bracing, temporary patching or trench plates, controlling ground and surface water, installing pipe, installing external joint sealer, placing bedding and crushed miscellaneous base, compaction, fittings, connecting to existing facilities, removing, abandoning or protecting interfering portions of existing utilities or improvements, temporary and permanent support of utilities, disposing of excess excavation materials as specified in these construction documents and all other work items as required to complete the work in place. Item No. 14: Outlet Structure for 18" RCP: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipments, and incidentals, and for doing all the work involved in excavation, placing concrete and reinforcing steel, and quick- setting grout as specified in these construction documents and all other work items as required to complete the work in place. Item No. 15: Trash Rack: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing Trash Rack per APWA Standard Plan 361 -0 "Case B" including controlling surface water, installing trash rack and appurtances, removing, protecting interfering portions of existing utilities or improvements, temporary and • SP 15 OF 36 permanent support of utilities, as specified in these construction documents and all other work items as required to complete the work in place. Item No. 16 : Guard Rail with Terminal Railing System: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipments and incidentals, and for doing all work to install the Guard Railing with Terminal Railing System per Caltrans Standard Plans A77A1 and A771-2 including excavation, backfill and disposal of surplus material and connecting the terminal systems to new metal beam guard railing, as specified in these construction documents and as required to complete work in place. Item No. 17: Ice Plant Removal: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, dump fees, and incidentals, and for doing all the work necessary under this item including removing and legally disposing of the existing Carpobrotus (Ice Plant) within the limits of work as specified in these construction documents. Removal process shall include root material to a depth of 18 inches. Item No. 18: River Rock Support Fabric: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in furnishing, fitting, cutting, placing, wrapping and anchoring the River Rock Support Fabric as specified in these construction documents and other work items required to complete the work in place. Item No. 19: Slope Stabilization Fabric (3 -D Fabric): Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in furnishing, fitting, cutting, placing, wrapping and anchoring the Slope Stabilization Fabric for hydroseed as specified in these construction documents and other work items required to complete the work in place. Item No. 20: Sand /Gravel Filter Fabric: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in furnishing, fitting, cutting, placing, and wrapping the Sand /Gravel Filter Fabric as specified in these construction documents and other work items required to complete the work in place. Item No. 21: 5- Gallon Plant Material: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for procuring, approving, delivering, storing and installing 5- gallon plant materials as specified in these construction documents including spotting, excavation of plant pits, Myco -Paks, installing backfill, forming water basin and top dressing with mulch. Item No. 22: 1- Gallon Plant Material: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for procuring, approving, • 0 SP 16 OF 36 delivering, storing and installing 1- gallon plant materials as specified in these construction documents including spotting, excavation of plant pits, Myco -Paks, installing backfill, forming water basin and top dressing with mulch. Item No. 23: Rooted Cutting Plant Material: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for procuring, approving, delivering, storing and installing the plant material specified in these construction documents, including spotting, excavation of plant pits, installing backfill, forming water basin and top dressing with mulch. Item No. 24: D -40 Plant Material: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for the procurement, approval, delivery, storage and installing the plant material specked in these construction documents including spotting, excavation of plant pits, installing backfill, and top dressing with gravel. Item No. 25: Tree Band Plant Material: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for the procurement, approval, delivery, storage and installing the tree band plant material specified in these construction documents including spotting, excavation of plant pits, installing backfill, and top dressing with gravel. Item No. 26: Mulch: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for the procurement, approval, delivery, storage and installing the mulch specified in these construction documents and all other work items as required to complete the work in place. Item No. 27: Hydroseed: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for the procurement, approval, delivery, storage and broadcasting the hydroseed including top soil over fabric and fine grading around planting after performing all operations for weed eradication specified in these construction documents Verify irrigation coverage and provide protection for plant material and irrigation elements prior to applying the two part hydroseed mixture as specified in these specifications. Remove all protective material and any overspray immediately following application of the two -part seed application. Item No. 28: Backfill and Organic Amendment: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item for the procurement, approval, delivery, storage and providing the Class A Top Soil and Organic Amendment, producing a uniform mixture, and distributing the mixture to individual plant pits for backfill specified in these construction documents. 0 SP 17 OF 36 Item No. 29: Water Meter /Backflow: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item to install the Water Meter and Backflow as specified in these construction documents including coordination with City Departments for the final location, permit and billing logistic for the irrigation water meter on Old Newport Boulevard. Provide all necessary labor and material to assist in the hot tap and installation of the new water meter. Provide all labor and material for the installation of the temporary atmospheric backflow preventer and ball valve with plastic valve box. Item No. 30: PVC Irrigation Mainline: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item to install the PVC Irrigation Mainline including installing the mainline to the location of the control valves. Work to include verification of existing underground conditions along the route, removing and disposing of existing top growth, trenching, installing pipe, specified bedding and backfill, final surface compaction, and restoring and establishing existing surface planting. Item No. 31: Battery Control Valves: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item to install irrigation control valves, latching solenoids, rain shut -off switch, four station battery controller, connection wiring, protective box and pins, plus system operational check as specified in these construction documents. Program field transmitter and provide controller charts (2) to the Engineer at completion of establishment period. Item No. 32: Battery Field Transmitter: Work under this item shall include supplying one field transmitter and scheduling chart to the Engineer at completion of establishment period as specified in these construction documents. Item No. 33: Lateral Pipe and Fittings: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item as specified in these construction documents including installing all irrigation pipes, fittings, primer, glue and holding down pins for on grade piping necessary to connect control valves to sprinkler assemblies. Item No. 34: Spray Heads: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work necessary under this item as specified in these construction documents including providing installing all heads, nozzles, thread tape, fittings and labor necessary to install spray heads to provide full coverage for all new planting areas and as specified in these specifications. 0 • SP 18 OF 36 Item No. 35: 60 -Day Plant Establishment: Work under this item shall include providing all material, labor and equipment necessary to perform the work required for plant establishment as specified in these construction documents. This includes replacement of any plant material that fails to maintain a healthy condition, trash removal and eradication of any natural pests. Prior to the start of Maintenance the contractor will provide all as -built plans and tum -over items to the City. Item No. 36: 90 -Day Plant Maintenance: Work under this item shall include providing all material, labor and equipment necessary to perform the work required for plant maintenance as specified in these construction documents. This includes replacing any plant material that fails to maintain a healthy condition, fertilization, trash removal and eradication of any natural pests Item No. 37: Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes providing the traffic control required by the project including, but not limited to signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag - persons. This item includes furnishing all labor, tools, equipments and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition and State Standard Specifications. Full compensation for providing a list of Category 2 devices used on the project and labeling Category 2 devices as specified shall be considered as included in the prices paid for the various contract items of work requiring the use of the Category 2 traffic control devices and no additional compensation will be allowed therefor. Full compensation for conforming to the provisions in this section 'Public Safety," including furnishing and installing temporary railing (Type K) and temporary crash cushion modules, shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefore. Item No. 38: Water Control: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipments, and incidentals, and for doing all the work necessary for preparing the Water Control Plan and implementing the Plan during construction. Item No. 39: WPCP: Work under this item shall include full compensation for furnishing all labor, materials, tools, equipments, and incidentals, and for doing all the work involved in the NPDES compliance as shown on the WPCP, as specified in these construction documents and as required by the Engineer. Item No. 40: Survey: Work under this item shall include supplying any and all survey required to complete the worts in place. Project Closeout: The contractor shall complete all or any designated portion of the work called or under the contract in all parts and requirements within the time set 0 0 SP 19 OF 36 forth in these documents. This item shall be included in various work items and no additional compensation shall be made. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 200 - -- ROCK MATERIALS 200 -1 ROCK PRODUCTS 200 -1.5 Sand. Delete this section and replace with the following: Gradation for sand filter shall conform to the subdrain gradation listed in Orange County Resources Development and Management Standard Plan 1323. Sand materials shall be clear from debris and other contamination. 200 -1.6 Stone for Riprap. Delete this section and replace with the following: River run granite boulders with assorted sizes ranging from 8" to 12" diameter shall be randomly placed per plan, such that each boulder is touching adjacent boulders on four sides. SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560 -C -3250, Type V." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the drawings." 201 -5 CEMENT MORTAR 201 -5.6 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with an approved quick setting grout." 0 • SP 20 OF 36 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 sealed packages with the manufacturer's label showing weight and analysis attached for each unit. Tri -C 6 -2 -4 with 5% S or approved equal shall be used. 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. Delete paragraph references to Type 2 and Type 3 soil amendments. Tri -C Humate or approved equal shall be used. 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. Provide medium grind bark, 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 '/4 inch sieve, or approved equal. Submit sample for review and approval by City Project Manager prior to material delivery on -site. All plant basin areas to receive 3" of cover prior to hydroseed application except for D -40 plant basins which will be top dressed with gravel. Hydroseed Mulch: Conwed 3000 M -BFM or approved equal with interlocking crimped polyester fibers, wood fiber and cross linked tackifier shall be used. 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 Engineer 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 to the Engineer for review. Photos shall be submitted seven 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 0 0 SP 21 OF 36 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. 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 Engineer. Substitution Proposals for plant material shall be accompanied by substantive written proof of non - availability of material originally specified prior to bid opening. Add the following subsection: 212 - 1.4.2.1.9 Enzyme Stimulant Mycorrhizal Fungi Stimulant: Shall be Tri -C Myco Pak, or approved equal for individual plant pit backfill and Tri -C Myco Drench or approved equal for hydroseed applications. 212 -1.5.3 Tree Stakes. (Not used) 212 -2 Irrigation System Materials All materials shall be per City standard for temporary exposed systems. 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 shown differently in the drawings or specifications, or as directed by the Engineer. 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. s • SP 22 OF 36 Paragraph 2 shall be deleted and replaced with the following: Pressure Main Line Pipe shall be Schedule 40 PVC with solvent welded joints for pressure main piping and non - pressure lateral line piping. The following paragraphs shall be added at the end of the subsection: All UVRPVC 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) 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 -2.2.4 Remote Control Valves. Add the following after paragraph number one: The remote control valve shall be Rainbird GB series or approved equal. The sizes will be as indicated in the drawings and legend and supplied with latching solenoid for battery activation. Add the following subsection: 212 - 2.2.4.1 Battery Control Unit: The battery control unit shall be a four station Rainbird TBOS with potted latching - solenoid or approved equal. Add the following subsection: 212 - 2.2.4.2 Wireless Programmer: The field transmitter unit shall be Rainbird TBOSFTUS or approved equal and shall include batteries. 212 -2.2.7 Valve Boxes. Delete the first paragraph and replace with the following: 0 0 SP 23 OF 36 Valve box and lid shall accommodate all valves and battery controller in one location. The box and lid shall be green in color. The lid shall be plastic and lockable. 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 drawing and legend. Substitutions shall not be allowed unless by written authorization from the City Inspector. Irrigation bodies and nozzles shall feature low head drainage compensating features. Unless otherwise approved, all pop -ups and fixed riser assemblies shall consist of plastic and stainless steel materials. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Contractor shall obtain approval by the Engineer for removals accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt waste generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. 0 0 SP 24 OF 36 300 -7 EARTHWORK FOR CHANNELS 300 -7.4 Fill and Backfill. Change vertical tolerance of zero above and 3 inches below the specified grade to 2 inches above and 4 inches below. 300 -9 GEOTEXTILES FOR EROSION CONTROL 300 -9.1 Bank and Slope Protection. Slope stabilization fabric and river rock support fabric shall be placed per drawings and Section 300 -9.1. Add the following: Overlap 24 inches minimum on each side of the bank per drawings and use non -woven fabric. 1. Swale Slope Stabilization Fabric: a. Enkamat 7010 3- Dimensional nylon matrix or approved equal 1. Lap 24" below river rock 2. Extend Fabric up slope to an elevation 6' above top of sand filter 3. Anchor fabric in 6" ditch with staples per detail. b. 8 "x1 "x8" 11 GA. Steel staples 1. 18" o.c. along all edges and splices 2. 36" o.c. in fabric fields 3. Drive flush with surface 2. River Rock Support Fabric: a. Stabilenka T-1 40-N or approved equal b. 6 "x1 "x6" 11 GA. Steel staples 1. Extend 12" beyond Sand Filter edge 2. Staple 36" o.c. 300 -10 GEOTEXTILES FOR SEPARATION 300 -10.1 Subgrade Enhancement. This section applies to sand and gravel filters. Use Mirafi 180N or approved equal. Wrap fabric around sand filter. Wrap fabric around gravel layer. 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: • At completion of rough grade prior to incorporation of grouted stone and sand filter. • At completion of fine grading, prior to installation of any fabric or river stone. 0 0 SP 25 OF 36 Flagged plant pits prior to digging plant pits for trees and shrubs. Plant installation and mulching prior to hydroseed. 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. 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. 308 -2.2 Trench Excavation and Backfill. The second and last paragraph shall be deleted and the following added: The finished surface shall be restored to the grade established prior to excavation. Ice plant in areas outside the concrete barriers shall be infilled with site cuttings to the satisfaction of the Engineer. If settlement occurs, and subsequent adjustments in pipe, valves, valve /utility boxes, sprinkler heads or planting, or other construction are necessary, the Contractor shall make all required adjustments. 308 -2.3 Topsoil Preparation and Conditioning 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 times daily for twenty -one consecutive days and until weed seeds have germinated. Cease watering for three days. Spray a non- selective herbicide (e.g. Round -Up) to eradicate the germinated weeds. Allow herbicide to kill all weeds. Rake or hoe off all dead weeds to a depth of '/< inch below the surface of the soil. If perennial weeds or grasses still exist, rewater four times daily for fourteen 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. 0 0 SP 26 OF 36 308 -2.4 Finish Grading. Replace this section with the following: 1. All soil areas shall be compacted and settled to a minimum depth of 12 inches. 2. Type "A" topsoil shall be worked into the Enkamat fabric on all protected swale surfaces prior to planting and hydroseeding. 3. Finish grading shall ensure proper drainage of the site towards the swale 308 -3 HEADER INSTALLATION The following subsection shall be added: 308 -3.1 Concrete Headers. Concrete headers shall be constructed where shown on the drawings and specifications. All concrete work shall conform to the requirements of Subsections 201- 1 and 301 -1 and per Plans. 308 -4 PLANTING 308 -4.3 Layout and Plant Location. The following paragraph shall be added at the end of the subsection: Quantities shown on the legend are for estimation purposes only. Final quantities for plant materials installed shall be governed by the indicated plant spacing. Locations for plants and outlined areas to be planted shall be marked on the ground by the Contractor before any plant pits are dug. All such locations require approval by the Engineer. If an underground construction or utility line is encountered in the excavation of planting areas, other locations for planting shall be established by the City. Planting shall be governed by the following requirements: 308 -4.5 Tree and Shrub Planting The Contractor shall amend backfill (the following backfill is for bid purposes only) as necessary per the soils test report at no additional cost to the City. (Refer to 308 - 2.3.2). Fill holes with backfill mixtures as specified below: 1. The following material shall be thoroughly blended and used as a backfill mix. No mixing for individual planting holes will be permitted. Mix planting soil prior to backfilling and stockpile at the site. 90% by volume screened on -site soil 10% by volume Tri -C Humus Tri -C 6 -2 -4 with 5% S — 2# per cubic yard S 0 0 SP 27 OF 36 2. Place plants near respective pits. Set the Myco paks to be used with each plant on the top of the root ball while the plants are still in their containers so the required number of tablets to be used in each hole can be easily verified. 1 tablet per 1- gallon container 2 tablets per 5- gallon container 3 tablets per 15- gallon container 3. Remove all plants from their containers and set in plant pits. 4. Fill to proper height with amended backfill to receive the plant and thoroughly tamp the mixture before setting the plant. 5. Set plant in upright position in the center of the hole and compact the backfill mixture around the ball or roots. 6. Thoroughly water each plant when the hole is one -half filled. After water has completely drained, place planting Paks on the up -slope side two inches away from the rootball. The remainder of the hole shall then be backfilled. 7. After watering, tamp the soil in place until the surface of the backfill is level with the surrounding area and the crown of the plant is at the finished grade of the surrounding area. Do not backfill around trunks or stems. 8. After backfilling, an earthen basin shall be constructed around each plant. Each basin shall be of a depth sufficient to hold at least three inches of water. Basins shall be the same size as the container size of each individual plant. The basins shall be constructed of amended backfill material. 9. Immediately after planting, apply water. 10. Apply water in sufficient quantities and as often as seasonal conditions require to keep the planted areas moist at all times, wet below the root system of hydroseed mix and plants. Generally, water once each day for 7 days in cool seasons, for 14 days in hot weather. 308 -5 IRRIGATION SYSTEM INSTALLATION 308 -5.1 General. The following paragraphs shall be added after paragraph three: 0 0 SP 28 OF 36 "The irrigation system is designed for a temporary establishment period only. Contractor shall be responsible for notifying the engineer prior to start of construction to coordinate on -site inspections. Due to the scale of the drawings, it is not possible to indicate all offsets, fittings, sleeves, etc., which maybe required. The Contractor shall carefully investigate the structural and finished conditions affecting all work and plan the work accordingly, furnishing such fittings, etc., as may be required to meet such conditions. The work shall be installed in such a manner as to avoid conflicts between planting and erosion control features, etc. All work called for in the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that unknown obstructions, grade differences, or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the attention of the Engineer. In the event this notification is not performed, the irrigation contractor shall assume fill responsibility for any revisions necessary and shall perform such at his own expense. The fourth paragraph shall be deleted and replaced with the following paragraphs The location of connection points are not shown on the plans. The Contractor shall contact the utility company and coordinate the installation of the required water service. Following coordination with the utility company, the Contractor shall make all necessary provisions to make the service connection called for on the plans at the nearest acceptable point thereto as approved by the utility company and the Engineer. Verification of the point of connection with the utility company and the Engineer shall be obtained by the Contractor prior to the start of work. All costs for making the service connections shall be paid for by the Contractor. The following paragraph shall be added at the end of the subsection: Temporary Repairs. The City reserves the right to make temporary repairs as necessary to keep the irrigation system in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified." 308 -5.2 Irrigation Pipeline Installation 308 -5.2.1 General. The following sentences shall be added at the end of paragraph four: 0 0 SP 29 OF 36 A minimum of 12 inches clearance shall be maintained between irrigation pipelines and non - irrigation pipelines /conduits. The following paragraphs shall be added at the end of the subsection: UVRPVC Sleeves shall be required under areas where all hardscape materials shall be installed. 308 -5.2.3 Plastic Pipeline. The following shall be added to the end of paragraph one: UVRPVC to metal connections shall only be accomplished by UVRPVC male adapters screwed into metal fittings. Teflon tape shall be used on all threaded UVRPVC to UVRPVC, and on all threaded UVRPVC to metal joints. Light wrench pressure is all that is required. The following paragraph shall be added following paragraph four: Handling of UVRPVC Pipe and Fittings. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of UVRPVC pipe and fittings. All UVRPVC pipe are to lie flat and not to be subjected to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new piping. Pipe and fittings shall not be stored in direct sunlight. 308 -5.3 Installation of Valves, Valve Boxes, and Special Equipment Paragraphs three, four, five, and six shall be deleted. 308 -5.4 Sprinkler Head Installation and Adjustment. 308 -5.4.2 Location, Elevation, and Spacing. The third paragraph shall be amended to read as follows: Sprinkler heads shall be installed 6 inches (150mm) from adjacent vertical elements projecting above wade such as walls, v- ditches, edging, grouted stone and utilities. 308 -5.6 Flushing and Testing. 308 -5.6.1 General. The following paragraph shall preface the subsection: Flushing of the lines shall be done before quick coupling valves and remote control valves are in place. All open ends shall be piped (temporarily to exhaust flushing water up and out of the trenches.) 0 0 SP 30 OF 36 No water will be permitted to fall into the trench. Flushing procedure will be to first open the ports nearest the source, then recap, and move progressively towards the end of the line, with only one open port flushing at anyone time. Amend the last sentence of the first paragraph by adding "and approved in writing ", at the end of the sentence. Add the following paragraph to the end of the subsection: When the irrigation system is completed, a coverage test shall be performed in the presence of the Engineer to determine if the water coverage for planting areas is complete, adequate, and avoids overspray onto walks, roadways, and buildings as much as possible. The Contractor shall furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from the Drawings, or where the system has been willfully installed as indicated on the Drawings when it is obviously inadequate, without bringing this to the attention of the Engineer. This test shall be accomplished before any ground cover is planted. The Contractor shall request the presence of the City in writing at least forty -eight (48) hours in advance of testing. The Contractor shall flush and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways, and buildings as much as possible. 308 -5.6.2 Mainline and Lateral Pipeline Pressure Test. Pressure test at the end of the first paragraph shall be amended to read: Mains: 6 hours at 150 psi; Laterals: 2 hours at 100 psi. 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT 308 -6.1 General The following paragraph shall be added following paragraph six: The Contractor shall be responsible for detecting diseases and pests (including rodents) as soon as they are present and shall take immediate action to identify and control the disease or pest. Plants shall be maintained in a disease and pest free condition. As needed, a licensed pest control operator shall be retained to recommend and apply pesticide, herbicides, and fungicides. Exterminate gophers and moles and repair damage. Maintain all planting starting with the planting operations and continuing for 90 calendar days after all planting is complete and approved by the Engineer in writing. The 90 -day maintenance period will not commence until all planting has been approved in writing by the Engineer following a minimum of 60 -day plant establishment period. SP 31 OF 36 Maintenance shall include all watering, weeding of invasive species, spraying, and pruning necessary to keep the plant materials in a healthy growing condition and to keep the planted areas neat and attractive throughout the maintenance period. The lump sum price paid for the maintenance period shall include all costs for water (from the new water meter installed only), watering, weeding, spraying, and pruning necessary to keep the plant materials in a healthy growing condition and to keep the plant areas neat and attractive throughout the maintenance period. Provide a means for proper application of water to those planted areas of repaired ice plant not equipped with an irrigation system. Protect all planted areas against damage, including erosion and trespassing, by providing and maintaining proper safeguards, including limiting vehicle access. During the maintenance period, all plants and planted areas shall be kept well watered and weed -free at all times. In order to expedite the plant establishment work, the Contractor shall maintain a sufficient number of men and adequate equipment to perform the work herein specified from the time any planting is done until the end of the final maintenance period. In the event that maintenance quality is deficient, plant establishment and maintenance period will be halted, evaluated by the Engineer, and extended appropriately until final acceptance is achieved. The Contractor will be relieved from maintenance work when the plant establishment and maintenance work has been completed to the satisfaction of the Engineer. Damage to planting areas shall be replaced immediately. Depressions caused by vehicles, bicycles, or foot traffic, are to be filled and leveled. Replant damaged areas. Apply a pelletized fertilizer blend of 6 -2 -4 all areas after 60 days of plant establishment at the rate 30 lbs. per acre. Alternative: Apply @ 1 # per 200 gallons per 40000 square feet of palletized fertilizer. Exterminate rodents, slugs, snails, and cutworms as required and repair damage as above. All paved areas will be broom cleaned and maintained in a neat and clean condition at all times, as directed by the Engineer. Replacements. At the end of the maintenance period, all plant material shall be in a healthy growing condition. 0 0 SP 32 OF 36 During the plant establishment and maintenance period, should the appearance of any plant indicate weakness and probability of dying, immediately replace that plant with a new and healthy plant of the same type and size without additional cost to the City. All trees shall be guaranteed by the Contractor to live and grow in an acceptable upright position for a period of one year after completion and final acceptance by the City. The Contractor, within seven days of notification by the Engineer, shall remove and replace all guaranteed plant materials which for any reason fail to meet the requirements of the guarantee. Replacement shall be made with plant materials as indicated or specified for the original planting, and all such replacement materials shall be guaranteed as specified for the original guaranteed materials. Clean -Up. Upon completion of the work in this section, the Contractor shall clean- up and remove from the area all unused materials and debris resulting from the performance of the work as directed by the Engineer. 308.6.2 Charts, Manuals, and Drawings Subsection is hereby added to subsection 308 -6 of the Standard Specifications as follows: 308 -6.2.3 Manuals Operation and Maintenance Manuals. Prepare and deliver to the City within ten calendar days after substantial completion of the project, two hard cover binders with three rings containing the following information: 1. Index sheet stating Contractor's address and telephone number and list of equipment with name and address of local manufacturer's representatives. 2. Catalog and parts sheets on every material and equipment installed under this contract. 3. Guarantee statement. The guarantee for the sprinkler irrigation system shall be made in accordance with the attached form. The Contractor shall file a complete copy of these specifications along with the guarantee prior to the acceptance of the irrigation system by the City. A copy of the guarantee form shall be included in the operations and maintenance manual. The guarantee form shall be retyped onto the Contractor's letterhead per attached form. 4. Complete operating and maintenance instructions on all major equipment. In addition to the above mentioned maintenance manuals, provide the City's maintenance personnel with instructions for major equipment and show evidence 0 0 SP 33 OF 36 in writing to the City at the conclusion of the project that this service has been rendered. 308 -6.3 EQUIPMENT 308 -6.3.1 Loose Equipment to be Furnished. The following subsection shall be added (confirm each item with the City Inspector prior to actual turn - over): The Contractor shall supply as a part of this contract the following tools: Twelve (12) rotor bodies as specified on the legend. 2. One (1) latching solenoid. The above - mentioned equipment shall be turned over to the City at the conclusion of the project. Before final inspection can occur, evidence that the City has received material shall be shown to the Engineer. 308 -7 GUARANTEE The text of the subsection shall be deleted and replaced with the following: The guarantee period shall begin at completion of maintenance or date of substantial completion as determined by the Engineer, whichever is later. Upon acceptance, all planting, irrigation, trees, earthwork and trenches shall be guaranteed by the Contractor for a period of one year against defects in materials and workmanship. Any settling of backfill trenches which may occur during the one year guarantee period shall be repaired to the City's satisfaction by the Contractor without expense to the City, including the complete restoration of damaged planting, paving, or other improvements of any kind. The Contractor, within fifteen (15) days of notification by the Engineer, shall remove and replace all guaranteed plant materials or trees which, for any reason, fail to meet the requirements of the guarantee. Replacement shall be made with plant materials and trees as indicated or specified for the original planting and all such replacement materials shall be guaranteed as specified for the original guaranteed materials. GUARANTEE FOR IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tear, and unusual abuse, or neglect excepted. We agree to repair or replace any defects in material or workmanship, including settling of backfilled areas below grade which may develop during the period of one year from date of acceptance and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within 72 hours after receipt of written notice. In the event of our failure to make such repairs upon written notice from the City, we authorize the City to proceed to have said repairs or replacements made at our expense and we will pay the costs and charge therefore upon demand. PROJECT: LOCATION: AGENCY: 0 SIGNED: (Contractor) PHONE: DATE OF ACCEPTANCE: GUARANTEE FOR TREES 0 SP 34 OF 36 We hereby guarantee that the trees we have furnished and installed are free from diseases, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tear, and unusual abuse, or neglect excepted. We agree to replace any tree not thriving, including amendments and supports during the period of one year from date of acceptance and also to repair or replace any damage resulting from the replacing of such trees at no additional cost to the City. We shall make such repairs or replacements within 72 hours after receipt of written notice. In the event of our failure to make such repairs upon written notice from the City, we authorize the City to proceed to have said repairs or replacements made at our expense and we will pay the costs and charge therefore upon demand. PROJECT: LOCATION: AGENCY: SIGNED: (Contractor) ADDRESS: PHONE: DATE OF ACCEPTANCE: BY'IHE CITY COUNCIL CITY OF NEWPORT BEACH L ; 2005 APPROVE • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT � C -311 Agenda Item No. 7 October 11, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Stein, P.E. 949 - 644 -3311 rstein @city.newport- beach.ca.us SUBJECT: NEWPORT BOULEVARD BIOSWALE - AWARD OF CONTRACT NO. 3741 RECOMMENDATIONS: Approve the drawings and specifications. 2. Award Contract No. 3741 to Belaire -West Landscape for the Total Bid Price of $196,252 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $19,000 to cover the cost of unforeseen work. 4. Establish an amount of $2,000 to cover the geotechnical testing. Approve a Budget Amendment transferring appropriations of $14,251.78 from General Fund 7014- C5100805 (Morning Canyon Stabilization Project) into Account No. 7014- C5100596. DISCUSSION: The City's 2004 Storm Water Diversion Study sampled the dry weather flow in the V- Ditch running along the east side of Newport Boulevard South of 151h Street and found high loadings of fecal indicator bacteria. This flow comes from .a 500 -acre drainage area predominately within the City of Costa Mesa though there are contributing areas from Caltrans and the City of Newport Beach. Computer modeling strongly indicates that these bacteria are tidally pumped into the Newport Island Channels once this flow outlets into the Bay at the Turning. Basin near the Arches Bridge. This proposed bioswale will create an infiltration basin to infiltrate some of the 30,000 gallons per day flowing through the V- ditch. The site is owned by the State of California and will be maintained by City forces as part of the encroachment permit conditions. SUBJECT: Newport Boulevard Biome Award of Contract No. 3741 • October 11, 2005 Page: 2 At 11:00 a.m. on September 27, 2005 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Belaire -West Landscape $196,252.00 2 Mega -West Enterprises $197,154.16 3 GCI Construction $298,222.20 The low total bid amount is twelve percent above the Engineer's Estimate of $175,000. The low bidder, Belaire -West Landscape, possesses a California State Contractors License Classification A and C27; either license would satisfy the requirements of the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. Project work includes clearing the iceplant in the swale along East side of Newport Boulevard South of 16w Street, installing rock, sand and gravel to create an infiltration bed, re- landscaping the swale with native type trees and plants, and hydroseeding the area. Per the Contract Specifications the Contractor will have 45 consecutive working days to complete the work. Environmental Review: This project qualifies for a Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction) of the Implementing Guidelines of the California Environmental buality Act. This exemption permits minor alterations to exiting public and private structures that involve negligible expansion of use. Existing drainage patterns, hydraulic flow and flood control will not be impacted. The site has no sensitive vegetation.' Public Notice: Not Applicable. The site is not close to residences or businesses. Geotechnical /Survey Services: The City will retain a geotechnical engineer to perform appropriate compaction tests on regraded slopes and fill areas. SUBJECT: Newport Boulevard Bi *Award of Contract No. 3741 • ...mm.�,�... October 11. 2005 Page: 3 Funding Availability: Upon approval of the recommended Budget Amendments, sufficient funds are available in the following accounts for the project. There is a $203,000.22 unencumbered balance on this project currently available in the Contributions Fund. The remaining $14,251.78 would become appropriated as a Budget Amendment if Recommendation No. 5 of this Council Memo is approved. Account Description Contributions General Fund Prepared by: Robert Stein, P.E. Special Projects Engineer Attachments: Project Location Map Bid Summary Account Number 7255- C5100596 7014- C5100596 Total: Submitted by: Amount $203,000.22 $14,251.78 $217,525.00 Badum .s Director I ! i \. f ! �� 1 '� `�s� .s I fy:. 55 �ViJ�D•.�i -+' y � .r l �F jt �x�(��y��i if,!! /sl j d ! fA•� >�x, %= k '!y� � tir °yhroY^A"A"�'V ,. q� .J. �'J... !/ ,4P ?c ,,� } s !°'`ya � • L i (: ' y^ f f f 7 , '- .y�G.v- J.'+'.'.' �•!""�o'y�, it ( ♦ \,�'j��$.'r+�k '. /i.� - /I t'¢rE�t n •� r _.. £ j+�jS.J � l: 14 1 1rt i sp 1 /� �' � .- •rC'(�,'+y �' � arFa!"'r' a1Jry --�j cam= � Y' r �" � It' f 1 u+^` J' °1 _L •.4' >cz+s.s"•' Yp r�'�''t 1 a , 1/) f e�i /i ) :ti F, ��. :-.. �� rp/ a�.im >` t. .i�'•, \1i�,R �y� ! �t ri�Ce� � . l,� F \.s r J ! S✓: 4 " �-' •�f�r jjy /� is�." lf'���'��`- L'ei.'�Y1L'�-,.r L'J 'r �'"-° �"°i i1- .stn Li � s TITLE: NEWPORT BOULEVARD BIOSWALE CONTRACT NO.: C-3741 ENGINEER'S ESTIMATE: $175,000.00 PROJECT MANAGER: Bob Stein CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City Clerk's Office - City Hall DATE: 27-Sep-05 TIME: 11:00 AM BY: TP CHECKED: RGS DATE: f: 4uwm \pbwlshamdlcontracWO-Ol11BID SUM C-3741.xls Page 1 Engineer's Estimate BELAIRE -WEST LANDSCAPE MEGA WAY ENTERPRISES GCI CONSTRUCTION ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT I AMOUNT 1 Mobilization 1 LS 3,000.00 3,000.00 1,OOD.00 1,000.00 15,OOD.OD 15,060.00 40,000.001 40,000.00 2 Protection /Demolition 1 LS 5,000.00 5,000.00 5,000.00 5,ODO.00 5,OOD.00 5,000.60 7,500.00 7,50D.00 3 Excavation 535 CY 10.00 5,350.00 20.00 10,700.00 50.00 26,750.00 68.00 36,380.00 4 Fill 115 CY 10.00 1,150.00 20.00 2,300.00 35.00 4,025.00 46.00 5, 0 5 Decomposed Granite 12 CY 1.50 18.00 250.00 3,000.00 120.00 1,440.0D 205.00 2, . 0 6 Concrete 11 CY 460.00 5,060.00 2,DOO.00 22,000.00 250.00 2,75D.00 1,400.00 15,400.00 7 Grouted Riprap 13 CY 200.00 2,600.00 500.00 6,500.00 350.00 4,550.0D 800.OD 10,400.00 8 River Rock and Granite Boulders 147 CY 200.00 29,400.00 175.00 25,725.001 300.00 44,10D.00 325.OD 47,775.00 9 Sand 64 CY 2.5D 160.OD 150.00 9,600.00 35.00 2,240.00 106.60 6,784.00 10 Gravel 52 CY 3.50 182.00 150.00 7,800.OD 27.00 1,404.00 102.001 5,304.00 11 6-Inch Concrete Header 110 LF 10.OD 1,100.00 15.00 1,650.00 12.00 1,320.00 28.0 3,080.00 12 6 -Inch PVC Perforated Pipe 305 LF 8.00 2,440.00 15.00 4,575.00 12.00 3,660.00 6.00 1,830.00 13 18 -Inch RCP 2000 -D Storm Drain 3 LF 84.00 252.00 750.00 2,25D.00 2DO.00 600.00 270.00 810.00 14 Outlet Structure for 18" RCP 1 LS 3,OOD.00 3,000.00 3,000.00 3,000.00 6,000.00 6,000.00 7,500.00 7,500.00 15 Trash Rack 1 I LS 3,000.00 3,000.00 8,000.00 8,OOD.00 1,500.00 1,500.00 10,000.0() 10,000.00 16 1 Guard Rail with Terminal Railing System 1 15,000.00 15,000.00 18,000.60 18,000.00 20,000.00 20,D00.00 18,2OO.00 18,200.00 17 Ice Plant Removal 1 3,000.00 3,000.00 3,000.00 3,000.00 5,000.00 5,000.00 10,000.00 10,000.00 18 River Rock Support Fabric 4,673 2.90 13,551.70 1.60 4,673.00 0.20 934.60 0.10 467.30 19 Slope Stoblllzatlon Fabric 9,784 3.00 29,352.00 1.OD 9,784.00 0.19 1,856.96 .1.10 10,762.40 20 Sand /Gravel Filter Fabric 1,731 EEA 1.75 3,029.25 1.00 1,731.00 0.60 1,036.60 0.50 865.50 21 5- Gallon Plant Material 69 16.00 1,242.00 3D.00 2,070.00 21.00 1,449.00 29.00 2,001.00 22 1- 031IDn Plant Material 33 7.00 231.00 15.00 495.00 8.00 264.00 12.00 00 23 Rooted Cultinn Plant Malarial 53 0.50 26.50 15.00 795.00 10.00 530.00 5.00 0 24 DAD Plant Material 19 25.00 475.001 15.00 285.00 15.01 285.00 29.001 5 .nn f: 4uwm \pbwlshamdlcontracWO-Ol11BID SUM C-3741.xls Page 1 TITLE: ENGINEER'S ESTIMATE: PROJECT MANAGER: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City Clerk's Office - City Hall DATE: 27-Sep-05 TIME: 11:00 AM BY: TP CHECKED: RGS DATE: • t: fusers 1pbwlsheredlcontmct100.0151BID SUM C-3741.xls Page 2 En Ineer's Estimate BELAIRE -WEST LANDSCAPE MEGA WAY ENTERPRISES GCI CONSTRUCTION ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 25 Tree Band Plant Material 43 EA 5.30 227.90 15.00 645.00 15.00 645.00 29.00 1,247.00 26 Mulch 8 CY 65.00 520.00 100.00 800.00 40.00 320.00 98.00 784.00 27 Hydroseed 16,200 SF 0.65 10,530.00 0.30 4,860.00 0.10 1,620.00 0.30 4, 0 28 Backflll and Organic Amendment 1 LS 250.00 250.00 3,000.00 3,000.00 4,000.00 4,000.00 8,700.00 8. . 0 29 Water Meter/BackIlow 1 LS 6,000.00 6,000.00 3,000.00 3,000.00 5,300.00 5,300.00 950.00 950.00 30 PVC Irrigation Mainline 1,257 LF 5.00 6,285.00 2.00 2,514.00 10.00 12,570.00 5.00 6,285.00 31 Battery Control Valves 4 EA 80.00 320.00 500.00 2,000.00 375.00 1,500.00 520.00 2,080.00 32 113attery Field Transmitter 1 EA 545.Wi 545.00 500.00 500.00 500.00 500.00 520.00 520.00 33 Lateral Pipe and Fittings 1 LS 850.00 850.00 10,000.00 10,000.00 1,000.00 1,000.00 5,300.00 5,300.00 34 Spray Heads 25 EA 14.35 358.75 100.00 2,500.00 40.00 1,000.00 35.00 875.00 35 60 -Da Establishment 1 LS 3,100.00 3,100.00 3,000.00 3,000.00 2,200.00 2,200.00 1,500.00 1,500.110 36 90 -De Establishment 1 LS 2,325.00 2,325.00 4,500.00 4,500.00 3,300.00 3,300.00 2,300. 2,300.00 37 Traffic Control 1 LS 5,000.00 5,000.00 500.00 500.00 6,000.00 6,000.00 400.00 400.00 38 Water Control 1 LS 5,000.00 5,000.00 500.00 500.00 1,500.00 1,500.00 3,000.00 3,000.00 39 WPCP 1 LS 3,000.00 3,000.00 2,000.00 2,000.00 1,500.00 1,500.00 9,600.00 9,600.00 40 Survey 1 LS 3,000.00 3,000.00 2,000.00 2,WD.00 2,500.00 2,500.00 5,800.00 5,800.00 EE 174,931.10 1 LOW 1 196,252.00 1 2ND 1 197154.16 3RD I 298,222.20 • t: fusers 1pbwlsheredlcontmct100.0151BID SUM C-3741.xls Page 2 Ov of Newport Beado BUDGET AMENDMENT 2006 -06 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND Px Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 06BA -021 AMOUNT: 514,251.78 P XIncrease in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To transfer expenditure appropriations for the Newport Boulevard Bioswale Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Division Number Account Number Division Number Account Number Division Number Account Number Signed: : � z Financial Approval: Signed: Signed: City Manager City Council Approval: City Clerk Director Amount Debit Credit k $14,251.78 Automatic $14,251.78 Date Daig Date Description Division Number 7014 Misc & Studies Account Number C5100805 Morning Canyon Stabilization Division Number 7014 Misc & Studies Account Number C5100596 Clean Water Projects Division Number Account Number Division Number Account Number Division Number Account Number Signed: : � z Financial Approval: Signed: Signed: City Manager City Council Approval: City Clerk Director Amount Debit Credit k $14,251.78 Automatic $14,251.78 Date Daig Date PROFESSIONAL SERVICES AGREEMENT WITH WRC CONSULTING SERVICES, INC. FOR NEWPORT BOULEVARD WETLAND PROJECT THIS AGREEMENT is made and entered into as of this day of Z , 2004, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City' and WRC CONSULTING SERVICES, INC., a corporation whose address is 5100 La Palma Avenue, Suite 116, Anaheim Hills, California, 92807 ( "Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power, to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to construct a wetlands adjacent to Newport Boulevard in the v- ditch south of 15"' Street. C. City desires to engage Consultant to prepare construction documents and obtain permits for a constructed wetlands adjacent to Newport Boulevard. ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Lan Weber, P.E., Ph.D. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31 ` day of December, 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 0 3. TIME OF PERFORMANCE 0 Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Seventy -Two Thousand Nine Hundred Eighty -Two Dollars and no /100 ($72,982.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this 0 Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has, designated Lan Weber to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Robert Stein, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon- request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 0 0 B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, N 9 0 vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 5 0 0 14. INSURANCE Without limiting Consultant's indemnification of City, and ,prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. M • • iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. 7 G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty-five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. M 0 0 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless.City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 9 E 22. RECORDS 0 Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 10 • • If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attention: Robert Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3322 Fax: 949 -644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Lan Weber WRC Consulting Services, Inc. 5100 E. La Palma Avenue, Suite 116 Anaheim Hills, CA 92807 Phone: 714 -970 -8808 Fax: 714- 970 -8844 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other 11 0 0 information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 12 • • 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVW AS TO FORM: City Attorney / for the City of Newport Beach A ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: / ` Mayor for the City of Newport Beach WRC C NSULTING SERVICES, INC.: By: Lan Weber, P ' cipal Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f.Wsers\pbw4sharedlagreementsVy 0405%wrc- newport boulevard wetland.doc 13 WRC SECTION 2 Scope of Services Task 1: Feasibility Assessment 1.1 As -Built Data WRC will obtain and review related reports, data and , as -built plans for Newport Boulevard, storm drains /ditches, and adjacent slope. 1.2 Field Investigation WRC's engineer, biologist, and landscape architect will conduct a field meeting with the City to assess the current site conditions and discuss potential solutions. Based on initial visits, it is assumed that no special habitats are existing at the site. 1.3 Base Map We assume that aerial flown topographic maps may not be necessary. It was estimated that one -day ground control research, one -day field survey, and two -day compilation will be needed for base map preparation. 1.4 Alternative Plan Development The WRC team will present to the City three concept alternatives involving various types of treatment and grading options and provide order -of- magnitude cost estimates. These concepts will be evaluated for their consistency with the City's needs, Caltrans' approval potential, needs for temporary irrigation and erosion control, and construction feasibility (to be assisted by the 0 EXHIBIT A construction team). These alternatives will be evaluated using approximate methods on the flood conveyance adequacy and erosion risk. 1.5 Agency Coordination WRC will coordinate two meetings with regulatory and approval agencies: The first is to solicit design criteria and the second is to present alternatives and obtain concept approval. Due to time constraints, we recommend visiting Caltrans- related divisions individually if a meeting cannot be arranged. We will also consult with the Water Quality Control Board if possible. At this time we do not think other regulatory agencies will be involved to a significant extent, but we will not exclude their involvement until we identify the recommended plan, and communicate with their representatives. Task 2: Preliminary Design WRC will prepare a preliminary design for the preferred conceptual alternative as determined in Task 1. The preliminary design will be approximately 50% level of design and will include grading, drainage, and planting plans. The construction team will assist in verifying the estimates and in providing preliminary construction methods (including stockpiles, traffic control and permit process). Task 3: Environmental Review WRC will assist the City in completing the environmental review processes. Since this drain is not one of the Waters of the United States, environmental permitting needs are fundamentally dependent on the alternative selected. Lily of Newport Beach WRC Consulting Services, inc. Newport Boulevard Weiland Project Page 4 WRC Assuming a low- impact alternative with beneficial improvement to the environment, it is likely to get National permit approval and to be acceptable with a Negative Declaration. The low - impact design will expedite the Caltrans approval process. For fast delivery, we assume that a full EIR is not needed. Task 4: Final Design 4.1 Plans, Specifications, and Estimates. WRC will prepare final construction documents for the wetlands project based on the preliminary design and any revision recommended by the City, Caltrans, and the construction team. Design plans will include geometric control, engineering and landscape plans, detailed sections (every 50 feet), details, temporary irrigation, and SWPPP or WPCP. 4.2 Permits and Approval. WRC will assist tFie- C� working with Caltrans and regulatory agencies to obtain all of the plan approvals and construction permits required by the construction team for the project. Task 5: Construction Support The WRC design team will provide support prior to and during construction including the as -built plan preparation. The consultant shall conduct a post - construction survey of the site and prepare the as -built documents. Task 6: Construction Phase (Optional) WRC team contractors will finalize the construction budget and submit it for review. The City may choose to negotiate with the contractor or prepare for bid. City of Newport Beach WRC ConsulTing Services, Inc. Newport Boulevard Wetland Project Page 5 WRC SECTION 3 Project Schedule The project schedule is driven by the Caltrans review process, which further depends on the complexity of the alternative selected for the project. Assuming that the project starts on December 1, 2004 (about 45 days after the proposal due), the following schedule was estimated: Task 1: Feasibility Assessment December 17, 2004 Task 2: Preliminary Design January 7, 2005 Task 3: Environmental Review January 31, 2005 Task 4: Final Design and Permitting February 1, 2005 (design) March 15, 2005 (permits) Task 5: Construction Support March — April, 2005 (pending contractor selection process) City of Newport Beach WRC Consuffing Services, inc. Newport Boulevard Wetland Project Page 6 WRC SECTION 4 Project Team WRC Project Team Prime Consultant (design team) WRC Consulting Services, Inc. 5100 East La Palma Avenue Suite 116 Anaheim Hills, California 92807 Number of personnel (including contracting specialists): 15 Subcontractor (construction team) Fleming Environmental Inc. (General Contractor) 6130 Valley View Street Buena Park, California 90620 Kato Landscape, Inc. (Landscape Contractor) 18182 Bushard Street Fountain Valley, California 92708 Project Team Qualifications The team of WRC Consulting Services, Inc. (WRC) consists of experts in key areas necessary for the successful development of the Newport Boulevard Wetlands Project. Our team includes technical experts in hydrology, hydraulics, erosion /sedimentation, water quality, restoration specialist, construction and riparian wetlands biologists, landscape architect, civil engineers, a surveyor, and an environmental specialist. WRC's team recommends a modified design build process for timely and efficient construction issue support during design. Fleming Environmental and Kato City of Newport Beach Newport Boulevard Wetland Project 0 Landscape, Inc., will provide assistance. WRC's team will include Allwest Geoscience, Inc., of Anaheim, California, if geotechnical work is required. Key personnel are identified in the Organization Chart. Their credentials are summarized below. WRC staff has performed over 50 wetlands restoration /mitigation and water quality improvement projects and over 400 projects involving grading, drainage, infiltration improvement, runoff management, slope stabilization, and control of erosion /sedimentation and storm water pollution. In addition, WRC has a reputation for fast -track delivery in wetlands biological assessment, drainage system planning and engineering design, recreation, habitat restoration, groundwater management, environmental documentation and permitting, and public outreach. Our team has extensive experience working with Caltrans and the City of Newport Beach. This project is most suitable for the WRC team due to our comprehensive, hands - on abilities in technical analysis, alternative formulation, feasibility design, final design, PS &E, Caltrans and other regulatory approval, and construction support and actual construction. WRC Consulting Services, Inc., serves public agencies in Southern Califomia, Nevada and Arizona. WRC stands for 'Water Resources ", "Recreational Facilities", and "Civil Engineering ". WRC was established to address the current challenges of natural resources restoration within coastal plains, river corridors, and other environmentally sensitive areas. Combining traditional WRC Consulting Services, Inc. Page 7 Task 1: Feasibility Assessment 1.1 As Built Data 1.2 Field Investigation 1.3 Base Map and Survey 1.4 Alternative Plan Development 1.5 Agency Coordination" Task 2: Preliminary Design Task 3: Environmental Review` Task 4: Final Design 4.1 Design, PS&E, SWPPP "" 4.2 Permit" Task 5: Construction Support" Task 6: Construction Phase Cost (Optional) of Newport Beach 165 ................E .................: _$......2,104 1 140 115 1,122 96 76 ................ ` 82 ...................... ........... ............................ .......i......................1 $ ............................... ............................... ......_66 $ .......................... 500 $ ....,.......................... 7,314 '. 2 70 _ ......... $ .__;_.......___ ........._ 8...................6.......... . 212....,..$...... 1,500..:...$$....21,924 '. ........ 0 .......................................... .$ a........................................ .............................. 1,500: $ ............................... .... ............................... 2................. 6 7.792, ..........8.. 2 ............... t. .............. .............. .......�....................... .............. 12 E 48 __._.._.._ � 2 12 j................ 32 .....................................................i.i........... 12 ..........�.................... 1 (..............., ... .......... ................. ............................... ................ 8....... ......_.�........I...Z......... ....... 1......... .�........E .................... 0........32.................12, 4 48 I .......... ............................... ... _ .. ............................. ............................... 8 1........48........;......._96. .......... ................_2............. ........48....... 8............... ( ................ ........48....... 32 ....................... ....... _...... 32 TBD Dendina on alternative selction 1 012 0120 04 0 22.......E .................: _$......2,104 .......... 10 i ........i ................... $ 1,122 60 :_ ...... ........... $ 5,028 ` 82 ...................... ........... ............;..$$.......8,582.. 4 28 ... ............................. $ ............................... 3,260 ......_66 $ .......................... 500 $ ....,.......................... 7,314 '. 2 70 _ ......... $ .__;_.......___ 7,716 . 212....,..$...... 1,500..:...$$....21,924 '. ........ 0 .......................................... .$ a........................................ .............................. 1,500: $ ............................... .. ... • i 76 i i $ 7.792, Grand Total without Contractor Involvement $ 69,482 WRC reserves rights to re- allocate fixed budget fees among various tasks after further defined alternative selection " Time and Materials Not to Exceed without authorization; estimated based on low impact alternative assumptions. Fixed fee can be aranged after selection of alternatives "" Reproduction fee is not included and actual permit costs are not included. • • D(HIBIT B HOURLY LOADED CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Clerical ............................. CAD Designer ................. Staff Professional ......... Senior Professional.......... Project Manager ............... Principal Engineer ........... QA/QC .............................. Administrative Effective October 1, 2004 . ............................... $ 50.00 ...................... I......... $ 76.00 . ............................... S 96.00 . ............................... $ 115.00 . ............................... $ 140.00 . ............................... $ 140.00 . ............................... $ 165.00 Word Processor /Admin. Support ................................................ ............................... $ 50.00 Graphic Designer / Publisher ....................................................... ............................... $ 55.00 Reimbursable In -House Costs B &W Photo Copies (up to 8.5 "xl 1 ") .......................................... ............................... $ 0.10 /Each B &W Photo Copies (up to 11" x17") ............................................ ..............................$ 0.15 /Each Color Copies (up to 8.5" x11 ") .................................. ............................... -- ........ $ 1.00 /Each Color Copies (up to 11 " X17') ..................................................... ............................... S 1.50 /Each Color Print Original (up to 8.5 "x11 ") ......................................... ............................... $ 2.00 /Each CADD Print Original (B &W, 11 "x17 ") ............. ......................................................... S 1.00 /Each CADD Print Original (Color 11" x17") .......................................... ..............................S 3.00 /Each CADD Print Original (B/vv, 24° x36 ") ......................................... ............................... $ 5.00/Each CADD Print Ori inal Color, 24 "x36 .......................... S 24.00 /Each CADD Print Original Color, 36 "x44" ...... $ 40.00 /Each Mileage..................... ............................... ............................... ..............................$ 0.365mile Reproduction, special photography, postage, delivery services, express mail, CADD printing and any services performed by subcontractor, will be billed at cost plus 10 %. There will be a negotiated increase in rates after December 31, 2004. 5100 E. La Polme .Avenue . Suite 116 . Anaheim Hills . California . 92807 . 714.970.8808 . 714.970.8844 fax. �.wrcinc.net 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C�3t'7qI Agenda Item No. 12 November 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Cry n =v;zuP0F1'1 !:AC11 Robert Stein, P.E. 949 - 644 -3311 rstein @city.newport- beach.ca.us 1 L SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH WRC CONSULTING SERVICES FOR PREPARATION OF THE NEWPORT BOULEVARD WETLANDS PROJECT CONSTRUCTION DOCUMENTS RECOMMENDATION: Approve a Professional Services Agreement with WRC Consulting Services, Inc. (WRC), of Anaheim, California, for preparing planning and construction documents for the Newport Boulevard constructed wetlands at a negotiated fee of $72,982.00 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: The City completed a study this year that determined that significant bacterial loading is conveyed in the drainage system along Newport Boulevard that outlets into the Turning Basin near the Arches Bridge. Computer modeling shows this bacterial plume is driven into the Newport Island Channels by tidal action. To help alleviate this problem, the City is proposing to construct an infiltration area with minimal restoration landscaping in the 500 -foot V -ditch along the east side of Newport Boulevard South of 15th Street. Staff prepared a Request for Proposal (RFP) for planning, preliminary design, final construction documents, environmental review and permitting. The project is conceptualized to low environmental impact. On September 24, 2004, the RFP was sent to six consultants and three proposals were subsequently received. Staff rated the consultants' proposals and opened the fee proposal of the top - ranked firm. WRC Consulting Services (WRC) submitted a not -to- exceed fee of $72,982.00. Staff subsequently met with WRC to discuss the project's scope of work and deemed the fee appropriate. SUBJECT: Newport Boulevard W s Project — Amendment No. 1 to Professional Ser� Agreement with WRC November 23, 2004 Page 2 Environmental Review: 0 WRC will prepare an environmental document for the proposed project, and file the appropriate Notice with the County. Funding_ Availability: Sufficient funds for the project are available in the following account, which is a grant from the State Water Resources Control Board: Account Description Account Number Amount Contribution Fund 7251- C5100596 $72,982.00 Prepared by: Submitted by: Z Robert Stein, P.E. S en . Badum Principal Civil Engineer Pub c orks Director Attachment: Professional Services Agreement 0 • PROFESSIONAL SERVICES AGREEMENT WITH WRC CONSULTING SERVICES, INC. FOR NEWPORT BOULEVARD WETLAND PROJECT THIS AGREEMENT is made and entered into as of this _ day of 200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and WRC CONSULTING SERVICES, INC., a corporation whose address is 5100 La Palma Avenue, Suite 116, Anaheim Hills, California, 92807 ( "Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to construct a wetlands adjacent to Newport Boulevard. C. City desires to engage Consultant to prepare construction documents and obtain permits for a constructed wetlands adjacent to Newport Boulevard. ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Lan Weber, P.E., Ph.D. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 315' day of December, 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. • 3. 4. • TIME OF PERFORMANCE 0 Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Seventy-Two Thousand Nine Hundred Eighty -Two Dollars and no /100 ($72,982.00) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant, A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this 2 Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Lan Weber to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Robert Stein, P.E. shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. i 0 B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, 1 0 • vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 5 r 9 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. • E 0 9 • iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. 7 0 G. Addifional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint-venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. t� 0 0 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. N 22. 23. 24. 25. 26. 0 0 RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or hisiher designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 10 0 0 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attention: Robert Stein Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3322 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Lan Weber WRC Consulting Services, Inc. 5100 E. La Palma Avenue, Suite 116 Anaheim Hills, CA 92807 Phone: 714 - 970 -8808 Fax: 714- 970 -8844 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of 11 29 30. 31 32. 33. 34. 35. 0 0 termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form_ COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 12 0 0 • 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach WRC CONSULTING SERVICES, INC.: M Lan Weber, Principal Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: \userslpbw\shared\agreementslfy 04- 05 \wrc- newport boulevard wetland.doc 13 WRC SECTION 2 Scope of Services Task 1: Feasibility Assessment 1.1 As -Built Data WRC will obtain and review related reports, data and as -built plans for Newport Boulevard, storm drains /ditches, and adjacent slope. 12 Field Investigation WRC's engineer, biologist, and landscape architect will conduct a field meeting with the City to assess the current site conditions and discuss potential solutions. Based on initial visits, it is assumed that no special habitats are existing at the site. 1.3 Base Map We assume that aerial flown topographic maps may not be necessary. It was estimated that one -day ground control research, one -day field survey, and two -day compilation will be needed for base map preparation. 1.4 Alternative Plan Development The WRC team will present to the City three concept alternatives involving various types of treatment and grading options and provide order -of- magnitude cost estimates. These concepts will be evaluated for their consistency with the City's needs, Caltrans' approval potential, needs for temporary irrigation and erosion control, and construction feasibility (to be assisted by the City of Newport Beach !Newport Boulevard Wetland Project 0 EXHIBIT A construction team). These alternatives will be evaluated using approximate methods on the flood conveyance adequacy and erosion risk. 1.5 Agency Coordination WRC will coordinate two meetings with regulatory and approval agencies: The first is to solicit design criteria and the second is to present alternatives and obtain concept approval. Due to time constraints, we recommend visiting Caltrans- related divisions individually if a meeting cannot be arranged. We will also consult with the Water Quality Control Board if possible. At this time we do not think other regulatory agencies will be involved to a significant extent, but we will not exclude their involvement until we identify the recommended plan and communicate with their representatives. Task 2: Preliminary Design WRC will prepare a preliminary design for the preferred conceptual alternative as determined in Task 1. The preliminary design will be approximately 50% level of design and will include grading, drainage, and planting plans. The construction team will assist in verifying the estimates and in providing preliminary construction methods (including stockpiles, traffic control and permit process). Task 3: Environmental Review WRC will assist the City in completing the environmental review processes. Since this drain is not one of the Waters of the United States, environmental permitting needs are fundamentally dependent on the alternative selected. WRC Consulting Services, Inc. Page 4 0 L WRC Assuming a low- impact alternative with beneficial improvement to the environment, it is likely to get National permit approval and to be acceptable with a Negative Declaration. The low - impact design will expedite the Caltrans approval process. For fast delivery, we assume that a full EIR is not needed. Task 4: Final Design 4.1 Plans, Specifications, and Estimates. WRC will prepare final construction documents for the wetlands project based on the preliminary design and any revision recommended by the City, Caltrans, and the construction team. Design plans will include geometric control, engineering and landscape plans, detailed sections (every 50 feet), details, temporary irrigation, and SWPPP or WPCP. 4.2 Permits and Approval. WRC will as!54 l r f working with Caltrans and regulatory agencies to obtain all of the plan approvals and construction permits required by the construction team for the project. Task 5: Construction Support The WRC design team will provide support prior to and during construction including the as -built plan preparation. The consultant shall conduct a post - construction survey of the site and prepare the as -built documents. Task 6: Construction Phase (Optional) WRC team contractors will finalize the construction budget and submit it for review. The City may choose to negotiate with the contractor or prepare for bid. qty of Newport Beach WRC Consulting Services, Inc. Newport Boulevard Welland Project Page 5 WRC SECTION 3 Project Schedule The project schedule is driven by the Caltrans review process, which further depends on the complexity of the alternative selected for the project. Assuming that the project starts on December 1, 2004 (about 45 days after the proposal due), the following schedule was estimated: Task 1: Feasibility Assessment December 17, 2004 Task 2: Preliminary Design January 7, 2005 Task 3: Environmental Review January 31, 2005 Task 4: Final Design and Permitting February 1, 2005 (design) March 15, 2005 (permits) Task 5: Construction Support March — April, 2005 (pending contractor selection process) MY of Newport Beach WRC Consulfing Services, Inc. Newport Boulevard Welland Project Page 6 0 11 L.JI 0 PA WRC Cr`3w Y.'i.4 SECTION 4 Project Team WRC Project Team Prime Consultant (design team) WRC Consulting Services, Inc. 5100 East La Palma Avenue Suite 116 Anaheim Hills, California 92807 Number of personnel (including contracting specialists): 15 Subcontractor (construction team) Fleming Environmental Inc. (General Contractor) 6130 Valley View Street Buena Park, California 90620 Kato Landscape, Inc. (Landscape Contractor) 18182 Bushard Street Fountain Valley, California 92708 Project Team Qualifications The team of WRC Consulting Services, Inc. (WRC) consists of experts in key areas necessary for the successful development of the Newport Boulevard Wetlands Project. Our team includes technical experts in hydrology, hydraulics, erosion /sedimentation, water quality, restoration specialist, construction and riparian wetlands biologists, landscape architect, civil engineers, a surveyor, and an environmental specialist. WRC's team recommends a modified design build process for timely and efficient construction issue support during design. Fleming Environmental and Kato Gly of Newport Beach Newport Boulevard Wetland Project 0 Landscape, Inc., will provide assistance. WRC's team will include Allwest Geoscience, Inc., of Anaheim, California, if geotechnical work is required. Key personnel are identified in the Organization Chart. Their credentials are summarized below. WRC staff has performed over 50 wetlands restoration /mitigation and water quality improvement projects and over 400 projects involving grading, drainage, infiltration improvement, runoff management, slope stabilization, and control of erosion /sedimentation and storm water pollution. In addition, WRC has a reputation for fast -track delivery in wetlands biological assessment, drainage system planning and engineering design, recreation, habitat restoration, groundwater management, environmental documentation and permitting, and public outreach. Our team has extensive experience working with Caltrans and the City of Newport Beach. This project is most suitable for the WRC team due to our comprehensive, hands - on abilities in technical analysis, alternative formulation, feasibility design, final design, PS &E, Caltrans and other regulatory approval, and construction support and actual construction. WRC Consulting Services, Inc., serves public agencies in Southern California, Nevada and Arizona. WRC stands for "Water Resources ", 'Recreational Facilities ", and "Civil Engineering ". WRC was established to address the current challenges of natural resources restoration within coastal plains, river corridors, and other environmentally sensitive areas. Combining traditional WRC Consulfing Services, Inc. Page 7 Hourly Rate Task 1: Feasibility Assessment 1.1 As Built Data 1.2 Field Investigation 1.3 Base Map and Survey 1.4 Alternative Plan Development 1.5 Agency Coordination" Task 2: Preliminary Design Task 3: Environmental Review" Task 4: Final Design 4.1 Design, PSBE, SWPPP "" 4.2 Permit" Task 5: Construction Support" Task 6: Construction Phase Cost (Optional) of Newport Beach 165 I 140 8 i 6 1 8 10/20/2004 0 22 $ 2,104 Y ..................................... 10 - ..... ............. $ ................ 1,122 . . ". 60 i $ 5,028 .....82......x ........... . i ...............x... ........8, 582 4 28 ........................... 3...................... $ ....8.......................... 3,260 .. i 66 $ .......................... 500 $ <........................... 7,314 '1r 2 t 70 $ 7,716 i i U .... ..... 212 $ ...................................... 1,500; $ ..... .......................... 21,924 s [ $ : ........................................ 1,500 ': $ ............................... 8,140 76 1 S 7.792 Grand Total without Contractor Involvement $ 69,482 WRC reserves rights to re- allocate fixed budget fees among various tasks after further defined alternative selection " Time and Materials Not to Exceed without authorization; estimated based on low impact alternative assumptions. Fixed fee can be aranged after selection of alternatives _ ___ " Reproduction fee is not included and actual permit costs are not • r 0 0 • IBC HOURLY LOADED CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Professional Clerical...... ............................... CAD Designer .......................... Staff Professional ................. Senior Professional .................. Project Manager ....................... Principal Engineer ................... QA/ QC ....... ............................... Administrative Effective October 1, 2004 .............................................. ............................... $ 50.00 .............................................. ............................... S 76.00 .............................................. ............................... $ 96.00 .............................................. ............................... $ 115.00 .............................................. ............................... S 140.00 .:........................................................................... S 140.00 .............................................. ............................... $ 165.00 Word Processor /Admin. Support ...... Graphic Designer /Publisher ............. Reimbursable In -House Costs ............................ ............................... $ 50.00 ............................ ............................... $ 55.00 B &W Photo Copies (up to 8.5' x11") ........................................... ..............................$ 0.10 /Each B &W Photo Copies (up to 11" x17") ........................................... ............................... S 0.15 /Each Color Copies (up to 8.5" x11") ..................................................... ..............................$ 1.00 /Each Color Copies (up to 11" x17) ..................................................... ............................... $ 1.50 /Each Color Print Original (up to 8.5" x11 ") .......................................... ..............................$ 2.00 /Each CADD Print Original (B &W, 11" x17 ") ........................................................ .............. S 1.00 /Each CADD Print Original (Color 11" xl7") .......................................... ..............................$ 3.00 /Each CADD Print Original (B/W, 24 "x36 ") .......................................... ..............................$ 5.00iEach CADD Print Original (Color, 24 "x36) ........................................ ............................... $ 24.00 /Each CADD Print Original (Color, 36 "x44 ") ....................................... ............................... $ 40.00 /Each Mileage...................................................................................... ..............................$ 0.365mile Reproduction, special photography, postage, delivery services, express mail, CADD printing and any services performed by subcontractor, will be billed at cost plus 10 %. There will be a negotiated increase in rates after December 31, 2004. 5100 E. La Palma Avenue . Suile 116 .. Anaheim Hills. California . 92807 . 714.970.8808 . 714.970.8844 fox. v .vncinanef