HomeMy WebLinkAboutC-3805 - Newport Shores Street End Improvements, Phase IICITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
0
A100-AT-7 C- A5
June 12, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Andy Tran
949 - 644 -3315 or atran @city.newport- beach.ca.us
SUBJECT: NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 2
AWARD OF CONTRACT NO. 3805
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Award. Contract No. 3805 to Belaire -West Landscape, Inc. for the Total Bid Price
of $46,193.00, and authorize the. Mayor and the City Clerk to execute the
contract.
• 3. Establish an amount of $5,000.00 to cover the cost of unforeseen work.
•
DISCUSSION:
At 10:00 a.m. on May 24, 2007, the City Clerk opened and read the following bids for
this project:
BIDDER
Low Belaire -West Landscape, Inc.
2 America West Landscape, Inc.
3 JDC, Inc.
4 Imperial Paving Co., Inc.
TOTAL BID AMOUNT
$46,193.00
$54,991.65
$55,007.00
$80,233.00*
* Corrected Bid Amount is $77,733.00
The low total bid amount is 1.7 percent below the Engineer's Estimate of $47,000.00. The
low bidder, Belaire -West Landscape, Inc., possesses a California State Contractors
License Classification A or C-27 as required by the project specifications. Belaire -West
Landscape, Inc. has satisfactorily completed similar projects for the City and other
municipalities.
_ - - • Newport Shores Street Improvement — A 2 — Award of Contract No. 3805
June 12, 2007
Page: 2
The work necessary for the completion of this contract consists of clearing and grubbing •
to remove existing vegetation and improvements, grading, removal or import of soil,
construction of sidewalk, installing of an irrigation system and landscaping, installation
of a concrete bench, trash receptacle, and dog bag waste dispenser.
Pursuant to the Contract Specifications, the Contractor will have 30 consecutive working
days to complete the work.
Environmental Review:
The project was determined to be exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15304 of the CEQA Implementation Guidelines. This
exemption covers minor alterations to land.
Public Notice:
The Notice Inviting Bids was advertised in the City's official publication and in
construction industry publications. Affected residents and the adjacent Newport Shores
Community Association (NSCA) will be noticed by the Contractor /City ten days and two
days prior to starting work in the area. In addition, the project has been reviewed
several times by the NSCA Board and at their annual community meeting. Per the
Council Approved agreement executed on March 23, 2004, NSCA will be responsible
for landscape maintenance upon completion of the improvements.
Funding Availability:
There are sufficient funds available in the following account for the project:
Account Description
General Fund
Proposed uses are as follows:
Vendor
Belaire -West Landscape, Inc.
Belaire -West Landscape, Inc.
Prepared by:
%
Account Number Amount
7028- C5100828 $ 51,193.00
Total: $ 51,193.00
Purpose Amount
Construction Contract $ 46,193.00
Construction Contingency $ 5,000.00
Total: $ 51,193.00
Submitted by:
C3Ven G. Badum Works Director
•
Attachments: Project Location Map
Bid Summary •
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CITY CLERK
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Newport Beach, CA 92663
until 10:00 AM on the 24th day of May 2007,
at which time such bids shall be opened and read for
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE II
Title of Project
Contract No. 3805
$ 47,000
Engineer's Estimate
PLAN HOLDER LIST AVAILABLE
ON CITY WEBSITE
htto://www.citv.newoort-
beach.ca.us
CLICK:
• Online Services
• Public Works Contracts Bidding
bill V. YQMullg
Works Director
Prospective bidders may obtain one set of bid documents for $10.00
at the office of the Public Works Department, 3300 Newport
Boulevard, Newport Beach, CA 92663
Contractor License Classification(s) required for this project: "A or C-27"
For further information, call Andy Tran, Project Ennineer at (949) 644 -3315
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE II
CONTRACT NO. 3805
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 PAYMENT BOND .................................. .............................26
FAITHFUL PERFORMANCE BOND ................................................ .............................28
PROPOSAL................................................................................ ............................... PR -1
SPECIAL PROVISIONS ........ .............................................................................. I..... SP -1
E
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE II
CONTRACT NO. 3805
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO
BID OPENING DATE (if any)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words
"Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior
to submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570. The successful bidder's security shall be held until the Contract is executed.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and
figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of
estimated quantity by unit price, the correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not be held responsible for bidder
errors and omissions in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or all bids and to waive any
minor irregularity or informality in such bids. Pursuant to Public Contract Code Section
22300, at the request and expense of the Contractor, securities shall be permitted in
substitution of money withheld by the City to ensure performance under the contract. The
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). 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
� ��
AuAu oi�gnaturerritle
5 -ai -09--
Date
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE Il
CONTRACT NO. 3805
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
Dollars ($ 10% 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 SHORES STREET END IMPROVEMENTS - PHASE II, Contract No. 3805 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 21ST day of MAY 2007.
BELAIRE --WEST LANDSCAPE, INC.
Name of Contractor (Principal) A rized Signature/Title
ARCH INSURANCE COMPANY
Name of Surety
135 N. LOS ROBLES AVE !825
PASADENA, CA 91101
Address of Surety
(626) 639 -5200
Telephone
Authorized Agent Signature
PAMELA MCCARTHY? ATTORNEY —TN.. -FACT
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
5
ALL - PURPOSE ACKNOWLEDGEMENT
State of
County of nELLCZ
ss.
On a3 E>i�
before me,SLSt�C�
(Date)
(Notary)
personally appeared
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Signer(s)
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Er'personally known to me or ❑
or proved to me on the basis of satisfactory evidence) to
be the person(0- -whose name* is /w'e subscribed to the
within instrument and acknowledged to me that
hetshe /tom executed the same in histher /their authorized
capacity(ifW, and that by.tyig/her /their signature(SI on
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the instrument the person , -Tr the entity upon behalf of
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which the s d executed the instrument.
person (s) acted,
MY CWA*W nEtlpb�s• « «ii:.•«�i�
WITNESS my 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
❑ Individual (s)
[>Y orporate Office
�V
Title of Document
(Title)
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Number of Pages
❑ Partner(s)
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❑ Attorney -in -Fact
Document Date
❑ Trustee(s)
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8� Other er Information
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CAPA v10.30.04 a .aotaryclasses.com 800- 873 -9865
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
State of California
SS. .
County of San Bernardino
On MAY 21, 2007 before me,
and Title of Officer (e.g.,
Personally appeared . Pamela McCarthy
Names) of Signers)
fR personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the personKwhose name(Is /are subscribed to the
A L. r ✓r tea within instrument and acknowledged to me that tfdlshe /they
.ls Commission # 1591570 executed the same in b+s /hedtIwIr authorized capacity(iesl,
-0 y Notary Public - Colifornlo and that by lys /her /tlyetr signature(s�on the instrument the
Son Bernardino county - person(sa, or the entity upon behalf of which the personle%
My Comm. Expires Juf 20, 2009 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
O Individual
O Corporate Officer
Title
O Partner -- O Limited O General
x Attorney -in -Fact
O Trustee
O Guardian or Conservator
O Other:
Signer is Representing:
Number of Pages:
Top of thumb here
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
Pamela McCarthy, Jay P. Freeman, Susan C. Monteon 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
i. regularly elected officers at its principal office in Kansas C' ,,A�i&sp}tsi,;.,
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 Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
00ML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 5th day of January 2007
Attested and Certified
once
COO TE
0 SELL
Martin J. Nilse ecretary
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
Arch Insurance Company
Edward M. Ti us ice President
I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary 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. qp4,voluntary act c said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J. CALLEO, ESQ.
Notary Public, State of New York
No. 02CA6109336 —
Qt•:lifled In New York County Pe&r-Pq Nota ublic
commission Expires May 3, 2008 My commiss expires 5-03 -2008
CERTIFICATION
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
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 athcorpora sal of the Arch Insurance
Company on this 21ST day of MAY 20__U_.
Martin J. Nils , Secretary
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
136 N. Robles Ave., Ste. 825
Pasadena, CA 91101
OOML0013 00 03 03
Page 2 of 2
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE II
CONTRACT NO. 3805
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one -half of one percent of the Contractor's total bid. If a subcontractor is.not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and /or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach. (Use additional sheets if needed)
Subcontractor's Information
Bid Item
Description of Work
%of
Number
Total Bid
Name:
Address:
..
Phone:
State License Number:
Name:
Address:
Phone:
State License Number:
Name:
Address:
Phone:
State License Number:
Bidder Au sized Signature(Title f9F'51. &Jr
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE II
CONTRACT NO. 3805
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidders Name _u
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 QQ
Project Name /Numbet�op0i� Ut-o • 61Q JU�� f.F
Project Description bllptv)A(8 LA40P A 10E e 1426AAkE
Approximate Construction Dates: From %fie "0 (Q To: Z ' 0 %
Agency Name G /%y DPI )VEW&VI I&AC&
Contact Person bib 57_4/A) Telephone
Original Contract Amount $Final Contract Amount $ ?-3 8, 500. 0 Q
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.
V40
No.2 //�� p
Project Name /Number M,4/oCll��57'ER bLVQ
Project Description 1MeAV9 MFW %,5
Approximate Construction Dates: From /2`/5 -p 5 To: /O "Flo
Agency Name Lza o F AaZA)f} d�kK
Contact Person 0i .6iNIoEQ Telephone (I 11}° A(P9 3(0'10
Original Contract Amount $jW0_517inal Contract Amount $
.70;y
✓�'S
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.
C
No.3
Project Name /Number JU✓viF/L�1Ei��SJ /�Gi�%9� r{®
Project Description 44&b-")f4faE ZS14n L4&ffVTS
Approximate Construction Dates: From 3 - O G To: 7 - O (a
Agency Name
Contact Person CH A) S CAS H Telephone (✓(QR A& A 0
Original Contract Amount $ '% 4DFinal Contract Amount $ Z09 fL5
If final amount is different from original, please explain (change orders, extra work, etc.)
.' W
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.
U
No. 4
Project Name /Number W • 5w (W1, j41,ge X /ax Alma -;�&fG D./ Q
Project Description 6AA)jbVeyf1A&-
Approximate Construction Dates: From Y- 06 To: Z ^O'%
Agency Name //may OE 1,,4KE W ®oA
Contact Person JaAM SA &W.6695 Telephone (oeo jK (4 6
Original Contract Amount $WC— P�Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
ELF ®RbEQ
Did you file any claims against the Agency? Did the Agency file any claims
against you /Contractor? If yes, briefly explain and indicate outcome of claims
No. 5 nn
Project Name /Number /4dr /f% /tai .5T % �E iA6 j'EG% D5 141
Project Description T d3 ,5Au i1,451 G4 T/0 V
Approximate Construction Dates: From / 2. 9 (o To: &6 a61A? 6
Agency Name &/74 ®f I`IFAziz,n?h AF-daft/
Contact Person BEN IZ A /AE y Telephone (3 19 .3/8 dpLi00
Original Contract Amount $ I %&O Final Contract Amount $ ON 6QZ" U
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.
0
No. 6 9,
Project Name /Number IrV :F &l l r'Q FpLt/0 hA7 - /PA) A&A 14 06 Y%3
Project Description 4bFhU J /FI U770A).Zz Z &9
Approximate Construction Dates: From /'' ® 7 To: DiIVlC04,V da
AgencyName�y OF /" og�r -u >! /g
Contact Person Telephone eO� �5 - 9'9yP(
Original Contract Amount $/z'% inal Contract Amount $ g2d26DIA2G
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. _
10
. ,Ir
Delaire -West Landscape, Inc. Lic.448.636
7371 Walnut Ave., Buena Park, CA 90620 P (714) 523 -9200
F(714)523 -9201
CONSTRUCTION EXPERIENCE FOR KEY PERSONNEL
Jan Stmiksma
President/Owner
23 years owner of commercial landscape company
C -27 License Holder
RMO
Donavon Groen
Construction Manager
Project Manager
Chief Estimator
18 years Commercial Construction Landscape
Biola University, BS Business Economics
PAARCA - Pesticide Applicator License Holder
Sergio Lopez
General Superintendent
14 years trade experience
5 years general superintendent
OSHA Safety Officer
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE II
CONTRACT NO. 3805
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of on,n�K. )
r, S-Jy ;, kkry C , being first duly sworn, deposes and says that he o sh is
n 8 of t o lwa�t�r. 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. )
Bidder orized SignaturerTitle P;-C: 51 45 wr
Subscribed and sworn to before me this day of � CLLA 2007.
[SE ]
�N`tty Public
My Commission Expires: —K s. )r\P - e3laco�;7
'�jtr`- r• „ 1
11
ALL - PURPOSE ACKNOWLEDGEMENT
State of Ou& a -
ss.
County of oxLx�
On before me,
(Date) (Notary)
personally appeared
ff personally known to me or ❑
R)�IAE GROHN y
WARY ueuC- catUOxxu �
MANGE
�pj kn 5.2m
Stamp clear impression of notary seal above.
or proved to me on the basis of satisfactory evidence) to
be the person(xj'whose name(e)-is /a>ubscribed to the
within instrument and acknowledged to me that
,Jshehheexecuted the same in kiglher /thy authorized
capacity(ipe)'and that by Jaslher /tom signature(O-on
the instrument the person , or the entity upon behalf of
which the person(Ij acted, executed the instrument.
WITNESS my hand and official
OPTIONAL INFORMATION
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
®' Torate Officer
{�2
(Title)
❑ Partner(s)
DESCRIPTION OF THE ATTACHED
L(- i� i zsioh
Title of Document
Number of Pages
S -ai o-7-
• Attorney -in -Fact Document ate
• Trustee(s) l n Qjlk'
Q-�Other Uber Information
11 CAPA v10.30.04 w .notes cla es com 800 - 873 -9865 11
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE II
CONTRACT NO. 3805
DESIGNATION OF SURETIES
Bidders name
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurancelbond type):
Cix- ckma`i EDAM
1 111
r
qq A 1e.3.3 6z?-(o
12
9
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE II
CONTRACT NO. 3805
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidders Name e)ZLA I R.E- WI --',,T ( A ,6-S G4(1 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
Yearof
for
for
for
for
for
Record
2006
2005
2004
2003
2002
Total
2007
No. of contracts
10
aU
Total dollar
Amount of
(121 D�
12 1,0
Contracts (in
Thousands of $
D3 di�9
0k1
y
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
Legal Business Name of Bidder
Business Address:
Business Tel. No.: `jiq
State Contractor's License No. and
Classification: �ys� l03 L G- ao-j
Title C- a -> 4
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
ALL - PURPOSE ACKNOWLEDGEMENT
State of
County of c((fn(A�
ss.
I
On ��
before me,
(Date)
(Notary)
personally appeared
C) Yl —i2�11 M�
Signer(s)
❑ personally known to me or ❑
or proved to me on the basis of satisfactory evidence) to
be the persona whose name(sj-is /subscribed to the
within instrument and acknowledged to me that
JIle7'9he /th6'y_executed the same in ItigMerMT-eir authorized
capacity(jes); and that byefti—s/her /their signature(s) on
t 11
the instrument the personasl, or the entity upon behalf of
#� m
W IWrARYFLO -CAtMIA A
which the person(a� acted, executed the instrument.
a owwtEcouNry
►mca w �
WITNESS my and and official seal.
Stamp clew impression of notary seal above.
Notary's Signature
OPTIONAL INFORMATION
CAPACITY CLAIMED BY THE SIGNER DESCRIPTION OF THE ATTACHED
❑ Individual (s)
6nd
C� nnCorporate fficer
Title of Docume
4-
Y�
(Title)
Number of Pages
❑ Partner(s)
°� a-� --rim _
❑ Attorney -in -Fact
Date
El Trustee(s)
�IDo•cument
�I ltd- /;(— 4/&,A)�f ii oC�/ll
Er' Other
ther Information
CAPA v10.30.04 w .notarvclasses.com 800 -873 -9865
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 11
CONTRACT NO. 3805
ACKNOWLEDGEMENT OF ADDENDA
Bidders name oQ -rvo.
The bidder shall signify receipt of all Addenda here, if any, and attach executed
copy of addenda to bid documents:
Date Received
15
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END. IMPROVEMENTS - PHASE 11
CONTRACT NO. 3805
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 orporation �e /CfGCe -U%f if�SCcc�1P,z+�C
Business Address: V0. box �C -A "/bba7
Telephone and Fax Number: `1 5- -),-Zlam t-ax
California State Contractor's License No. and Class: qqy 3l0. (n G 71. A
(REQUIRED AT TIME OF AWARD)
Original Date Issued:-�I /983 Expiration Date:
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:
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
' C
WIN
I �
Corporation organized under the laws of the State of
16
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
O)k-
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
Briefly summarize the parties' claims and defenses;
/4
Have you ever had a contract terminated by the owner /agency? If so, explain.
1Jnr.�
Have you ever failed to complete a project? If so, explain.
N ire.
For any projects you have been involved with in the last 5 years, did you have any.
claims or actions by any outside agency or individual for lab�.,compliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.fi / o
Are any claims or actions unresolved or outstanding? Yes No
17
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non - responsive.
Bidder
_Y� )4- - 522a1 .P tea.
(Print name of Owner or President
of Corporation /Company)
-•.sue -
orized Signature(Title
Title
Date
Subscribed and swom'to before me this day of 2007.
[SEAL]
18
ALL - PURPOSE ACKNOWLEDGEMENT
State of
ss.
County of
On '0:4- before me, Lmy 6aczn-
(Date) (Notary)
personally appeared
Signer(s)
0--p-ersonally known to me or ❑ or proved to me on the basis of satisfactory evidence) to
be the persons) whose name(s)- is /apCsubscribed to the
within instrument and acknowledged to me that
,he /she /tom executed the same in his/her /tlfe�ir authorized
capacity(iosj; and that by his/her/ eu signatureFsjon
RENA801 the instrument the person(o or the entity upon behalf of
Comm M 15MM which the person(s) acted, executed the instrument.
xGTAR ARGEC • dLLlfpillul
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WITNESS my hand and official seal.
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Stamp clear impression of notary seal above.
Notary's Signature
OPTIONAL INFORMATION
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
2-� Wporate Off er
(Title)
• Partner(s)
• Attorney -in -Fact
• Trustee(s)
e— Other V>m ,
DESCRIPTION OF THE ATTACHED
SOMWORMAITRE 4,6
Title of Document
Number of Pages
S � -O�?
Document Date
Other Information
CAPA v10.30.04 "w.nota clssses.com 800- 873 -9865 _
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 11
CONTRACT NO. 3805
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 SHORES STREET END IMPROVEMENTS - PHASE II
CONTRACT NO. 3805
CONTRACT
THIS AGREEMENT, entered into this day of �J4 ne—, 2007, by and between the
CITY OF NEWPORT BEACH, hereinafter "City," and BELAIRE -WEST LANDSCAPING, INC.,
hereinafter "Contractor," is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE II
This project will provide for landscaping, walkway, and storm drain facilities at the easterly end
of Canal Street.
Contract No. 3805
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. 3805, Standard Specifications for Public
Works Construction (current adopted edition and all supplements) and this Agreement,
and all modifications and amendments thereto (collectively the "Contract Documents ").
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
B. SCOPE OF WORK Contractor shall perform everything required to be performed, and
shall provide and furnish all the labor, materials, necessary tools, expendable equipment
and all utility and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict accordance
with the provisions of the Contract Documents. Contractor is required to perform all
activities, at no extra cost to City, which are reasonably inferable from the Contract
Documents as being necessary to produce the intended results.
20
C. COMPENSATION As full compensation for the performance and completion of the
Project as required by the Contract Documents, City shall pay to Contractor and
Contractor accepts as full payment the sum of FORTY -SIX THOUSAND, ONE HUNDRED
NINETY -THREE AND 001100 DOLLARS ($46,193.00).
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: Andy Tran
(949) 644 -3315
F. LABOR CODE 3700 LIABILITY INSURANCE
hereby certifies:
CONTRACTOR
Belaire -West Landscaping, Inc.
P.O. Box 6270
Buena Park, CA 90622
714 - 523 -9200
714 - 523 -9201 Fax
Contractor, by executing this Contract,
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or undertake self -
insurance in accordance with the provisions of the Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less
than A:VII and insurers must be a California Admitted Insurance Company.
Contractor shall furnish City with original certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
21
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 Scooe of Insurance
Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability coverage "occurrence"
form number CG 0002 (Edition 11/85) or Insurance Services Office form number
GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form Comprehensive
General Liability.
b) Insurance Services Office Business Auto Coverage form number CA 0002 0287
covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured Contract.
c) Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
2. Minimum Limits of Insurance
Coverage limits shall be no less than:
a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit.
b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
c) Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability.
3. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
22
4. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
City, its officers, agents, officials, employees and volunteers are to be
covered as additional insureds as respects: liability arising out of activities
performed by or on behalf of Contractor, including the insured's general
supervision of Contractor; products and completed operations of Contractor;
premises owned, occupied or used by Contractor; or automobiles owned,
leased, hired or borrowed by Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to City, its officers,
officials, employees or volunteers.
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
23
amount provided that the Work damaged is built in accordance with the plans and
specifications.
6. Right to Stop Work for Non - Compliance
City shall have the right to direct the Contractor to stop work under this Agreement
and/or withhold any payment(s), which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
H. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
active negligence or willful misconduct of City, its officers or employees.
4. To the extent authorized by law, as much. of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
5. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other
Contract Documents by Contractor is a representation that Contractor has visited the
Project Site, has become familiar with the local conditions under which the work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
24
K. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
APP RO ED AS TO FORM:
C{�
CITY ATTORNEY
25
BELAIRE -WEST LANDSCAPE, INC.
By:
n (Corporate Officer)
Title: 1"R�.9�
Print Name:.9.0 57;9a //(5rYli4
By: r.
(Financial Officer)
I
L C �
EXECUTED IN FOUR COUNTERPARTS
PREMIUM I5 FOR
AND IS SUBJECT
CITY OF NEWPORT BEACH BASED ON FINAL
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE II
CONTRACT NO, 3805
BOND NO. SU 502 3303
FAITHFUL PERFORMANCE BOND
CONTRACT TERN
TO ADJUSTMENT
CONTRACT PRICE
The premium charges on this Bond is $ 643 no
being at the rate of $ 15 _ nn thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to BELAIRE -WEST LANDSCAPING, INC., hereinafter designated as the
"Principal ", a contract for construction of NEWPORT SHORES STREET END IMPROVEMENTS -
PHASE 11, Contract No. 3805 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. 3805 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 FORTY-SIX THOUSAND, ONE HUNDRED NINETY -THREE AND 001100
DOLLARS (546,193.00) 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 31STday of MAY , 2007.
BELAIRE -WEST LANDSCAPING, INC.
(Principal)
ARCH INSURANCE COMPANY
Name of Surety
135 N. LOS ROBLES AVE #825
PASADENA, CA 91101
Address of Surety
C626? 639 --5200
Telephone
0orized Signaturefritle IC 9
e&
Authorized Agent Signature
PAMELA MCCARTHY, ATTORNEY —IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
ALL - PURPOSE ACKNOWLEDGEMENT
State of V
ss.
County of lam(,{,
On !!! ^ 2? `D 1p� before me, &Vy boen
(Date) (Notary)
personally appeared
Signer(s)
Lr'personally known to me or ❑ or proved to me on the basis of satisfactory evidence) to
be the person(e) lvhose nam44 is /are- subscribed to the
within instrument and acknowledged to me that
.tie /she /they executed the same in his/her /dreir authorized
capacity(i®s), and that by his/her /thei'r signature(s)-on
' RENAE GROEN the instrument the person(s); or the entity upon behalf of
Comm #i 1685200
NOTARY PUBLIC• CAUWRNIA which the person(s)- acted, executed the instrument.
'a ORANGE pCOUNTY
co r
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WITNESS my hand and official seal.
Stamp clear impression of notary seal above. V, L��
Notary's Signature
OPTIONAL INFORMATION
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
a- Corporate Officer
P 1(�'btcrQir�
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s r
a- Other 1�
DESCRIPTION OF THE ATTACHED
rc adyl 6-e11 iox_�
Title of Document
Number of Pages
Document Date
bw1h
Other InfoGhation
1 I CAPA v10.30.04 w .notaryelasses.com 800- 873 -9865 if
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
State of California
ss.
County of San Bernardino
On MAY 31, 2007 before me,
Public ")
Personally appeared Pamela McCarthy
Name(s) of Signer(s)
U personally known to me
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:_
Document Date:
Signer(s) Other Than Named
Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ 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
D proved to me on the basis of satisfactory evidence
to be the persool,<whose name(�s /are subscribed to the
�'V4E
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within instrument and acknowledged to me that p�lshe /t�
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person(s), or the entity upon behalf of which the persons
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent
removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:_
Document Date:
Signer(s) Other Than Named
Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ 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
EXECUTED IN FOUR COUNTERPARTS
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 11
CONTRACT NO. 3805
BOND NO. SU 502 3303
PREMIUM INCLUDED IN PERFORMANCE BOND
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach. State of California, by motion
adopted, has awarded to BELAIRE -WEST LANDSCAPING, INC., hereinafter designated as the
"Principal," a contract for construction of NEWPORT SHORES STREET END IMPROVEMENTS -
PHASE 11, Contract No. 3805 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. 3805 and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon.
for, or about the performance of the work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We the undersigned Principal, and,
ARCH INSURANCE. COMPANY duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are
held firmly bound unto the City of Newport Beach, in sum of FORTY -SIX THOUSAND, ONE
HUNDRED NINETY -THREE AND 001100 DOLLARS ($46,193.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount payable by the City of
Newport Beach under the terms of the Contract; for which payment well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California.
KI
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this Bond, and it does hereby waive notice of any such change, extension of time, alterations or
additions to the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF this instrument has been duly executed by the above named
Principal and Surety, on the 318T day of MAY 2007,
BELAIRE -WEST LANDSCAPING, INC. Autlorbrized Signature/Title
(Principal)
ARCH INSURANCE COMPANY
Name of Surety
135 N. LOS ROBLES AVE #825
PASADENA, CA 91101
Address of Surety
C626) 639 -5200
Telephone
/,&
Authorized Agent Signature
PAMELA MCCARTHY, ATTORNEY —IN —FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
27
ALL - PURPOSE ACKNOWLEDGEMENT
State of
ss.
County of CW4
On G `7 —og before me, kefV,[ ( C7 KO .ah
(Date) (Notary)
personally appeared
e- -5ersonally known to me or ❑ or proved to me on the basis of satisfactory evidence) to
be the personKwhose name(&j-is /are subscribed to the
within instrument and acknowledged to me that
lolshehhey executed the same in bisdher /their authorized
R- EKAEdROEN capacity(i< and that by ,his/her /their signature(&) on
COMM a 1686200 m the instrument the person(&); or the entity upon behalf of
WFARrvuauc- rruweuu y
Q o g Amy which the person*acted, executed the instrument.
Myc+++ roea�e, 0- 494za404
WITNESS my h d and official seal.
Stamp clear impression of notary seal above. 'r `�" ��
Notary's Signature
OPTIONAL INFORMATION
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
S— Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
i�i Other 6k)/—
DESCRIPTION OF THE ATTACHED
Title of Document
Number of Pages
Document Date
±�.�,o^_
Other Info tion
i CAPA v10.30.04 wunv.nomrvclasses.com 800.873 -9865 j J
CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT
State of California
SS.
County of San Bernardino
MAY 31, 2007 before me,
Personally appeared Pamela McCarthy
Name(s) of Signers)
IR personally known to me
❑ proved to me on the basis of satisfactory evidence
WITNESS my hand and official seal.
- )7f/
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 Docu
Document Date: _
Signer(s) Other Than
Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
• Corporate Officer
Title
• Partner — D Limited O General
x Attomey -in -Fact
• Trustee
• Guardian or Conservator
D Other.
Signer is Representing:
Number of Pages:
Top of Thumb here
to be the persor)Kwhose name(.gl-is /are subscribed to the
within instrument and acknowledged to me that i Olshe /thy
dnNer I.. Mutes .
Car is bn # 1591870
executed the same in.Ws /her /their authorized capacity(ies),
Notary Public . caAlomla
and that by this /herftlleir signature(aj'on the instrument the
San sernaratno CauMy p
person(s3, or the entity upon behalf of which the persons
Comm. EXpjre$Ad20,:j0Wj
acted, executed the instrument.
WITNESS my hand and official seal.
- )7f/
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 Docu
Document Date: _
Signer(s) Other Than
Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
• Corporate Officer
Title
• Partner — D Limited O General
x Attomey -in -Fact
• Trustee
• Guardian or Conservator
D Other.
Signer is Representing:
Number of Pages:
Top of Thumb here
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
Pamela McCarthy, Jay P. Freeman, Susan C. Monteon 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
regulady elected. officers at its principal office in Kansas Ci ,Miss
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 arty such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
Page 1 of 2 Printed In U.S.A.
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 5th day of January 2007
Arch Insurance Company
Attested and Certified
yance C
♦ ':j
.¢ MR.ow,.r �
1
19,
�.
�����a • '��__ Nbmud
Martin J. Nilse ecretary
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
Edward M. Ti us ice President
I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary 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 aKvoluntary act aid corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J. CALLED, ESO.
Notary Public, Stara of New York
No. 02CA6109336
0r•:Iifled in New York County Pe r J. bli
Note uc
Commisslon Expires May 3, 2008 My commI s expires 5 -03 -2008
CERTIFICATION
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
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 E ffixed.the corpora se I of the Arch Insurance
Company on this 31ST day of MAY 20 n7
Martin J. Nils , Secretary
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
OOMLOO13 00 03 03
Page 2 of 2
c'�anca 6,°
meroMre �'9a
19]i t.
Nluord
Printed in U.S.A.
.;
ACORD CERI IFIp't E QF, LIABlLl1l�,INUR�4NCE
.. .: ;: ;: DATE IMM/Dpmr)
6113107
._ ....:
PRODUCER 909- 941 -6699
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Alliant Insurance Services, Inc.
Jay Freeman
Y
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
3270 Inland Empire Blvd., #100
COMPANIES AFFORDING COVERAGE
COMPANY
A Mt. Hawley Insurance Co /TB &C
Ontario, CA 91764
INSURED
Belaire West Landscape, Inc.
COMPANY
B National Union Fire InsITB &C
P.O. Box 6270
COMPANY
Buena Park CA 90622
D
COMPANY
D
...
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 REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMMNY)
POLICY EXPIRATION
DATEiMMIpprvYl
LIMITS
A
GENERAL
UABRRY
MGLO149317
2/13/07
2113/08
GENERAL AGGREGATE
S 2 000,000
PRODUCTS- COMP /OP AGO
$ 21000,000
X
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE M OCCUR
PERSONAL & ADV INJURY
$ 1,000,000
EACH OCCURRENCE
$ 1,000,000
OWNER'S & CONTRACTOR'S PROT
x
FIRE DAMAGE (Am om fire)
$ 50,000
BI /PD Ded:
$5,000
MED EXP (AnY om Person)
$ 5,000
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$
ANY AUTO
BODILY INJURY
o n)
(Per PmN
S
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
IPer aitlern)
5
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER T AUTO ONLY:
HAN
ANY AU TO
EACH ACCIDENT
$
AGGREGATE
$
R
EXCESS LIABILITY
BE8274392
2113107
2/13108
EACH OCCURRENCE
S 51000,000
AGGREGATE
S 5,000,000
X UMBRELLA FORM
Retention
$ 3101000
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
T - OTH
TORY LIMITS ER
EMPLOYERS' LIABILITY
EL EACH ACCIDENT
$
THE PROPRIETOR/ INCL
PARTNERS /EXECUTIVE
EL DISEASE- POLICY LIMIT
$
EL DISEASE - EA EMPLOYEE
5
OFFICERS ARE EXCL
OTHER
* 10 Days Notice for Non -Pay.
DESCRIPTION OF OPERATIONSILOCATIONSAIEHICLES /SPECIAL ITEMS
Re: Contract No. 3805, Newport Shores at End Improvements Ph. II.
_
(Continued on attached.)
CkATIFICRTNOLCR '- .:
. .... -a. .... .. 1: ..,, ;.. ....:- . .`
C{tN:C[:LLRTION !! ,.,
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: Shauna Oyler
*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
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
ALIT IIHEPR TA E _
)4CORD255E'IJSS) .:, .. I.. 40.'76':
.::- .�:.. ':r ACORD IXIRPORATIONt9BS' ':
Continued from Description of Operations section
City of Newport Beach, its officers, agents, officials, employees and
volunteers are to be covered as additional insured 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 the City,
its officers, agents, officials, employees or volunteers as per form
attached. Primary wording is included.
Waiver of Subrogation is included as per form attached.
Aggregate limits apply per project as per form attached.
This cancels and replaces the certificate issued on 5/29/07.
POLICY NUMBER: MGLO149317
NAMED INSURED: Belaire West Landscape, Inc.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM C)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Newport Beach, its officers, agents, officials, employees and
volunteers are to be covered as additional insured 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 the City,
its officers, agents, officials, employees or volunteers.
All persons or organizations where required by writeen contract.
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement.)
WHO IS INSURED (Section II) is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to
liability arising out of "your work" for that insured by or for you.
To the extent required under contract, this policy will apply as
primary insurance to additional insureds scheduled above and other
insurance which may be available to such additional insureds will be
non - contributory.
Section IV., Condition 4., of this policy is amended accordingly.
All other Terms and Conditions of this Policy remain unchanged.
CGL 216 (04/98) Page 1 of l
POLICY NUMBER: MGLO149317 COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Newport Beach, its officers, agents, officials, employees and
volunteers are to be covered as additional insured 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 the City,
its officers, agents, officials, employees or volunteers.
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition
(Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by
the addition of the following:
We waive any right of recovery we may have against the person or
organization shown in the Scedule above because of payments we make
for injury or damage arising out of your ongoing operations or "your
work" done under a contract with that person or organization and
included in the "products- completed operations hazard ". This waiver
applies only to the person or organization shown in the Scedule
above.
Copyright, Insurance Services Office, Inc., 1992
CG 24 04 10 93 Page 1 of 1
POLICY NUMBER: MGLO149317
COMMERCIAL GENERAL
LIABILITY
CG 25 03 03 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Contruction Projects:
(In no entry appear above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement.)
A. For all sums which the insured becomes legally obligated to pay as
damages caused by "occurrences" under COVERAGE A (Section I), and for
all medical expenses caused by accidents under COVERAGE C (Section
I), which can be attributed only to ongoing operations at a single
designated construction project should in the Schedule above:
1. A separate Designated Construction Project General Aggregate
Limit applies to each designated construction project, and that
limit is equal to the amount of the General Aggregate Limit shown in
the Declarations.
2. The Designated Construction Project General Aggregate Limit is
the most we will pay for the sum of all damages under COVERAGE A,
except damages because of "bodily injury" or "property damage"
included in the "products- completed operations hazard ", and for
medical expenses under COVERAGE C regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits ".
3. Any payments made under COVERAGE A for damages or under COVERAGE
C for medical expenses shall reduct the Designated Construction
Project General Aggregate Limit for that designated construction
project. Such payments shall not reduce the General Aggregate Limit
shown in the Declarations nor shall they reduce any other Designated
Construction Project General Aggregate Limit for any other designated
construction project shown in the Schedule above.
4. The limits shown in the Declaration for Each Occurrence, Fire
Damage and Medical Expenses continue to apply. However,instead of
being subject to the General Aggregate Limit shown in the
Declarations, such limits will be subject to the applicable
Designated Construction Project General Aggregage Limit.
CG 25 03 03 97 PAGE 1 OF 2
Copyright ISO 1996
B. For all sums which the insured becomes legally obligated to pay as
damages caused by "occurrences" under COVERAGE A (SECTION I), and for
all medical expenses caused by accidents under COVERAGE C (SECTION
I), which cannot be attributed only to ongoing operations at a single
designated construction project shown in the Schedule above:
1. Any payments made under COVERAGE A for damages or under COVERAGE
C for medical expenses shall reduce the amount available under the
General Aggregate Limit or the Products - Completed Operations
Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Designated Construction
Project Aggregate Limit.
When coverage for liability arising out of the "products- completed
operations hazard" is provided, any payments for damages because of
"bodily injuyr" or "property damage" included in the
"products- completed operations hazard" will reduce the
Products - Completed Operations Aggregate Limit, and not reduce the
General Aggregate Limit nor the Designated Construction Project
General Aggregate Limit.
D. If the applicable designated construction project has been
abandoned, delayed or abandoned and then restarted, or if the
authorized contracting parties deviate from plans, blueprints,
designs, specifications or timetables, the project will still be
deemed to be the same construction project.
E. The provisions of Limits of Insurance (Section III) not otherwise
modified by this endorsement shall continue to apply as stipulated.
CG 25 03 03 97 PAGE 2 OF 2
Copyright ISO 1996
OS/15/2007 14 :16 7145239201 SELAIREWEST
—� I i <. J, ouu4�?3Y: ( Slap I•AP.N iMSLIHQI`CF
1: Z f& CERTIFICATE OF LIABILITY INSURANCE
PROPUCER • THIS CERTIFICATE IT-is—IMT
NTCHAZL C. GUSTCK, ACM"T LIC40465577 ONLY AND CONFERS NO RIC
199 s. TI ?OG' I0Di CARD 3IVb. , 57« 10- HOLLER. ')HIS CERTIFICATE C
T.gC!USA.%* O;LFS, CA 91360 ALTER THE COVERAGE AF CRI
, yl
INSURERS AFFORDING COVERAGE
INRVREb `�`E
BEIA.RE WLST - �at�inArs.aE. INC. �uAERA'.StatO,•f8r•a ^aTeCaL Ins •x
7371 WA..IdOi Ri' IG•3 INu1JREREIState Par- MU.ua1 lUeq I
3U£Nij PARS(, CA 190620 -175a INSURERMStn.O PA" x ra and Canu
IH3UAEftU
PAGE 02/04
pArE 02
DATE FRMIDONYTY1
n5129/2aa7
INFORMATION
: CERTIFICATE
D, EXTEND OR
.ICIES_ BELOW.
NAIL A
Try¢ POLICIES Or INStIHAN" LISTED BELOW HAVE BEEN ISSUF,D TO THE INSURED NAMEP ABOVE FOR THE POLICY PERIOD INDICATED. NOIWRHSTANOIN6
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CBRTICICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BV THE POWCIES DEBCRIRED HEREIN IS SUEJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
IC Fa.AGGREO fl'S
ATELIMSHOWN EEEENRFnucEDBYDAIO CLAIMS.
IN
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POLCY NUM$ER
POOASZ (IVIWDEO G TNE
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05S 6526— C06 -15c
03/06/2007
00/06'12008
6OMBINEO SIN3LE LIMIT
(EeacelaelLT
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eacxlrrlVw Vn ppCHAPVNS) LpDATK)NS 1 V .NI ?LES f EJ:CLtlsHSNS gDRED 6Y ENpEREENRNT r $PEGtaL YHUV�sH1NS '
,AND$CAPI.IG OEERIM}1'IONS(Sv'$WPORS SRO -AFS STREET ZN0 'LHPIROV12ENTS 5iKA5a II
I^aY or Iazw? a2
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IMPORT E.EACSi,
CANCELLATION
AHCULD ANY AP THE A6vVE PSaCWbLP rc4A —= ON qt- NRIW.ED 9EYDRE TF10 tC9RAMJN
D0.TE TwWftor, THE MammG INSURER WILL ENDEAVOR TO MAIL 7 DAYS LTRIT7EN
NOTICE 1 fjTIrE CERTIMATS HOLDER HAMM TO THE LEFT. OUT FARURE TD PO SO SHALL
.92663 IMPOSE NO OBLIGATION OR UABRITT OF ANY KIND UPDN THE INSURER, ITS AGEIaT9 DR
BELAIREWEST PAGE 03/04
06/15/2007 14:16 7145239201 .,,, a,Iaur<w,.n:c rout n,3
6028C.2 ADDITIONAL INS rRED
(Prior Notice of Termination)
ThLs; andarscment in a par: of your policy. Fixeopt far the ehang -ca is atakas, all uihnr terms of' ale Poiicy
reatsir. eie son e'aad apply to this ondorsemazit, It is effective al the salna times at your paBcy if issued
with ft. If Lisccd at a .laser' daze the aatr_e, paiicj nu. -nb®r sad e:ise:ive dare rn= be shown.
issued by STATE FA1LM ML'T•IIAL AUTONIOBILE I YSURfiNCE COYWAINi of Bloomingtop,
1111n6ta, cr the STATE FARM FME AN'D C., SIiALW CO?. AN7 V of 81eo,TTingtenr Illinois, as aoawn
by h enn oany's name on the policy of which this undorscmert ism part.
i'
`'arrlLldlnSUrcd BE�TAIRF SdEST LANDSSA TN
Polic�nurnbcr09 S'�H_�sF CountC"hs p29D7
r C3 OFt 07 TO i OS b y `
E.fadlive date C
12:01 A,.M. . Standard Time A,uz oMzed eprm an.sti�M
it i%' greed that Liability Covoragn A of your policy is extcndad to the pary nand on the
4ecltiations pa;e as an Additional rnsufer, The Additional Insured is subject to the provisions of tht
Policy granting cover age to an Iiasuredether than you. The Additional Insuredt
I'! has the same right of secovery under this policy at bcforo;
2 isnotlis ablefo: any prcrniumo rotherrxpenseun8er this policy,
3; is not a member osr;he State Farm .Victual Automnb;le inStiranrP Compaay of skornington,
�iI lllinom
This policy wilt not be changed or teraittuted w to %tie interest of the ?.ddiV,)aaL Insured unless wa give
,U0;.nsured nouco. Tins numborordays' 81vc to ten ualcs4 another nun"r is shown an the
declarations pogo•
ADri, ITOF NE PORT BE
CS TX OF NEWPORT BEACH
3300 NEWPORT BLVD
NE PORT BEACH, CA 92663 Fra6de °t
ADDITIONAL INSURED;
CI YF ITS OFFICIALS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS
ARE TO BE COVERED AS ADDITIONAL INSUREDS AS RESPECTS: LIABILITY
ARtSSING OUT OF ACTIVITIES PERFORMED BX OR ON BEHALF OF CONTRACTOR,
INCLUDING THE INSURED'S GENERAL SUPERVISION OF CONTRACTOR;
PRODUCTS AND COMPLETED OPERATXON9 OF CONTRACTOR; AREHISES
OWNED, OCCUPIED OR USED BY CONTRACTOR. THE COVERAGE SHALL CONTAIN
NQ SPECIAT, LIMITATIONS ON THE SCOPE OF PROTECTION AFFORDED
TO, -CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES OR VOLUNTEERS.
is
60ZSGr.?
RTATR FARM N1 NuL C. GUSliD gpeel
199 E Thatnand oaks e1Vd„ �tlite 101
Ph-, ptnih�ousand Odks, CA 81880
INSNRAPCP �� ^i�O Fez 497-MV
kegusl oom
Fax Server
6/15/2007 12:38:10 PM PAGE 2/002 Fax Server
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be 5 %n of the California workers' compensation premium
otherwise due on such remuneration.
Work performed by BELAIRE -WEST LANDSCAPE, INC. at 7371 WALNUT AVE,BUENA PARK CA, ZIP
Code: 90620
Schedule
PersonorOrganizatiM I ob Description
CITY OF NEWPORT BEACH
#3865 - SHORES ST., END. -NEWPORT
BEACH, CA IMPROVEMENT PH II
This endorsement changes the policy to which it is atrached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation or the policy.)
Endorsement Effective 00132007 Policy Nc. WEN0015213 -01 Endorserent No.
Insured BELAIRE -WEST LANDSCAPE, INC. Insurance Company ENDURANCE WORKERS COMPENSATION INSURANCE
CONWANY
Countersigned by
06!1512007 14:16 7145239201
BELAIREWEST PAGE 04104
IMPORTANT
If th � certificate holder Is an ADDITIONAL INSURED, the poltoy(jes) must be endorsed. A statement
on I I his certlfcate does not confer rights to thin nertific tie holder in lieu of such endorsement(e).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
regOlrs an endornomcnt. A statement on Oils certificate aces not conter rights to the certificate
holder in lieu of such endorsern"(s),
DISCLAIMER
Thes Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s). Authorized representative or producer, and the certificate holder, nor does 0
of rR attvely or negatively amend, extend or atter the coverage afforded by the policies hated thereon,
sure eARAt
911"EL G. QUSM, Agent
1996Tbaus and Caft RK Suite 401
Rmtsand Us, CA 91M
Li
BZ(0%497 -9435
Fatr.(B05)497-9437
P V V I Vu J�J rLVV INOr
Fax #:
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 6 -27 -07
Date Completed
Dept. /Contact Received From: Shauna Oyler
6 -28 -07 Sent to: Shauna
Company /Person required to have certificate:
GENERAL LIABILITY
By: April Walker
Belaire West
A.
INSURANCE COMPANY: Mt. Hawley Ins. Co.
B.
AM BEST RATING (A: VII or greater): A +XI
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes ® No
D.
LIMITS (Must be $1M or greater): What is limit provided?
2 mil agg/lmil occ
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included?
® Yes ❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The
City its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
G.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
H. CAUTION! (Confirm that loss or liability of the named
insured is not limited solely by their negligence) Does
endorsement include "solely by negligence' wording? ❑ Yes ® No
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
11. AUTOMOBILE LIABILITY
0
INSURANCE COMPANY: State Farm Fire & Casualty Co.
AM BEST RATING (A: VII or greater): A+ XV
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM):
What is limits provided?
1 mil
® Yes ❑ No
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? ® Yes ❑ No
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A ❑ Yes ❑ No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Endurance Workers Compensation Ins. Co.
B. AM BEST RATING (A: VII or greater): A- XV
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No
IF NO, WHICH ITEMS NEED TO BE COMPLETED? General Liability: Insurance company not admitted.
California Business Search
DISCLAIMER: The information displayed here is current as of MAY 18, 2007 and is updated weekly. It is
not a complete or certified record of the Corporation.
Corporation
BELAIRE -WEST LANDSCAPE, INC.
Number: C1203404
Date Filed: 6/14/1983
Status: active
Jurisdiction: California
Address
P O BOX 6270
BUENA PARK, CA 90622
Agent for Service of Process
JAN STUIKSMA
12221 GORHAM
LOS ANGELES, CA 90049
Blank fields indicate the information is not contained in the computer file.
If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked.
Please refer to California Corporations Code Section 2114 for information relating to service upon
corporations that have surrendered.
Page 1 of 1
http:// kepl er. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorpNumbei= CI203404 &printer =yes 05/24/2007
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE II
CONTRACT NO. 3805
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. 3805 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
Lump Sum Mobilization
@ I GP Dollars
and
/JO Cents
Per Lump Sum
2. Lump Sum Dust Control
@ lLuNOA571I Dollars
and
Ale Cents
Per Lump Sum
3. Lump Sum Construction Survey
@77Z<2-r£ l /uW O /*RDollars
and
/A2 Cents
Per Lump Sum
4. 25 CY Import "Class A" Top Soil
@ -THIO -T Dollars
and
Ado Cents
Per Cubic Yard
$ 30
$ 7.4 OOa
3OLD
$ oa
$ 7Sd
PR2of4
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
5. Lump Sum Site Clearing & Demolition
@ r—/ A t(e, ✓% °1 ollars
and
A10 Cents $ 0
Per Lump Sum
6. 470 SF Concrete Walkway and Sidewalk
@ S�V9/v Dollars
and
Cents . $ $ 3, z 9a
Per Square Foot
7. Lump Sum Irriga ion
�IGI+f
' CJ �t7ollars Q,� 600
and
NO Cents $4�
Per Lump Sum
8. 2,500 SF Soil Preparation & Fine Grading
Dollars
and
dU� Cents
Per Square Foot
9. 3 EA Trees, 36" Box
@ 61,/IW A- QDollars
and 0
ya Cents
Per Each
11. 4 EA Trees, 24" Box
@ 7W12irr iJA'PA5;0ollars
and
Iva Cents $ 30o
Per Each
11. 45 EA Shrubs /Groundcovers, 15 gal.
o A012 --A vv
F/ \�Dollars
ND and S�Zr
Cents $� $
Per Each
PR3of4
ITEM
QUANTITY
AND UNIT
ITEM DESCRIPTION AND UNIT
PRICE WRITTEN IN WORDS
UNIT
PRICE
TOTAL
PRICE
12.
78 EA
ShrubslGroundcovers, 5 gal.
@ O Dollars
and
/VO
22
/
Cents
$
Per Each
13.
368 EA
ShrubslGroundcovers, 1 gal.
@ Dollars
%
and
2 31 Z
AJD Cents
$ $
/
Per Each
14.
4,300 EA
Groundcovers, Liners
@ a /Ji Dollars
A)62 and
Z
v
Cents
$ $
Per Each
15.
2,500 SF
Mulch, 2" Thick
Dollars
and
N U Cents
J
$ / $
� 5-O L
Per Square Foot
16. Lump Sum Maintenance Period (90 Days)
@ �� �`i`�J9 Dollars
and
4VQ Cents
Per Lump Sum
17. 1 EA Dog Waste Bag Dispenser
@ Kt1Mn/tt✓� Dollars
and
/00 Cents
Per Each
18. 2 EA Trash Receptacle
@ P0VVw Dollars
and
A10
Cents
Per Each
°p O
$ 'You $ q60
)) 60v
anja
$ $vu $
i7: 6 I
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
19. Lump Sum
As Built Plans
DAl� I-1611J491ZW Dollars
and
Cents
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
and A/O-' Cents
5.&,D7
Date
-7 /y 523'9a ZZN/023 g901
Bidder's Telephon4 and Fax Numbers
11063d, /f. z�
Bidder's License No(s).
and Classification(s)
$ /OO
$ �Gi / 93
Total Price (Figures)
&&Alk�' Gi/�yr /�4irQD5CA�E G�
Bidder
Bi is Authorized Signature and Title KE.7
6&r6970 bU&M?AAk1A-NaZ
Bidder's Address
Bidder's email address: bop e C3E(.4/QE-A57 (�Pm
Last saved by srookso4 /30/2007 2:27 PM
f:WserslpbMsharedVxxftctslfy 06-071newport shores street eras a3805lproposal 03805.doc
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
CONTRACT NO. 3805
INTRODUCTION
All work necessary for the completion of this contract shall be done. in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. P- 5205 -S); (3) the City's
Standard Special Provisions and Standard Drawings for Public Works Construction,
(2004 Edition), including Supplements; (4) Standard Specifications for Public Works
Construction (2003 Edition), including supplements. Copies of the Standard Special
Provisions and Standard Drawings may be purchased at the Public Works Department.
Copies of the Standard Specifications may be purchased from Building News, Inc.,
1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 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 clearing and grubbing, removing existing vegetation and
improvements, grading, removal or import of soil, construction of sidewalk, installation
of landscaping and irrigation system, installation of precast concrete bench, trash
receptacle, dog bag dispenser, maintenance phase and other incidental items of work
necessary to complete the work in place."
2 -9 SURVEYING
2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed
Land Surveyor shall utilize /follow the existing City survey records used for the project
design to provide all construction survey services that are required to construct the
improvements. The design surveyor for this project is Bush and Associates and can be
contacted at (949) 752 -1888. At a minimum, two (2) sets of staking for all areas shall
be included in the bid price and copies of each set shall be provided to City 48 -hours in
SP2OF13
advance of any work. In addition, the filing of a Comer Record and/or a Record of
Survey with the County Surveyor's Office is required after the completion of Work. Prior
to any demolition Work the Contractor shall prepare and submit the Corner Records for
review by the City a minimum of three (3) working days before the anticipated Work.
Existing street centerline ties and property corner monuments are to be preserved. The
Contractor will be back - charged 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
City will restore the survey monuments at Contractor's expense. The restoration cost to
the Contractor will include filing the required Record of Survey or Corner Records with
the County of Orange.
SECTION 3 -- CHANGES IN WORK
3 -3 EXTRA WORK
3 -3.2 Payment
3 -3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............. ............................... 20
2) Materials ........ ............................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent shall
be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied
to the Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent on
work added in excess of $5,000 of the subcontracted portion of the extra work may
be added by the Contractor."
SP3OF13
SECTION 4 - -- CONTROL OF MATERIALS
4 -1 MATERIALS AND WORKMANSHIP
4 -1.3 Inspection Requirements
4 -1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be used in
the work until it has been inspected and accepted by the Engineer. The Contractor
shall furnish the Engineer full information as to the progress of the work in its various
parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's
readiness for inspection. Submittals are required for all construction material.
The Engineer shall select an independent testing laboratory and pay for all testing as
specified in the various sections of the Standard Special Provisions and these Special
Provisions. When, in the opinion of the Engineer, additional tests and retesting due to
failed tests or inspections are required because of unsatisfactory results in the manner
in which the Contractor executed the work, such tests and inspections shall be paid for
by the Contractor.
SECTION 5 - -- UTILITIES
5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the
work or phase of work, the Contractor shall remove all USA utility markings."
5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter
box or cover is damaged by the Work and is not re- useable, the Contractor shall
provide and install a new pull or meter box or cover of identical type and size at no
additional cost to the City."
5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade
City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts
and survey monuments.
The Contractor will be required to contact Southern California Edison, The Gas
Company, SBC Telephone, cable television, and other utility facilities to have existing
utilities adjusted to finish grade. The Contractor shall coordinate with each utility
company for the adjustment of their facilities.
5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm
drain manhole (including grade rings), meter or valve box covers. The Contractor shall
salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's
Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the
delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations - Manager,
at (949) 718 -3402.
SP 4 OF 13
SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK
6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this
section: "The time of completion as specified in Section 6 -7, shall commence on the
date of the 'Notice to Proceed.'
No work shall begin until a "Notice to Proceed" has been issued, a pre - construction
meeting has been conducted, and a schedule of work has been approved by the
Engineer. The Contractor shall submit a construction schedule to the Engineer for
approval a minimum of five working days prior to commencing any work. Schedule may
be bar chart or CPM style.
The Engineer will review the schedule and may require the Contractor to modify the
schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved schedule, the Contractor shall be prohibited from starting additional work
until Contractor has exerted extra effort to meet the original schedule and has
demonstrated that the ability to maintain the approved schedule in the future. Such
stoppages of work shall in no way relieve the Contractor from the overall time of
completion requirement, nor shall it be construed as the basis for payment of extra work
because additional personnel and equipment were required on the job."
6 -7 TIME OF COMPLETION
6 -7.1 General. Add to this section: "The Contractor shall complete all work
under the Contract within 30 consecutive working days after the date on the
Notice to Proceed.
The Contractor shall ensure the availability of all material prior to the start of work.
Unavailability of material will not be sufficient reason to grant the Contractor an
extension of time for 100 percent completion of work."
6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st ,t
the third Monday in January (Martin Luther King Day), the third Monday in February
(President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in
September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday
in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half
day), December 25th (Christmas), and December 31't (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 4:30
p.m., Monday through Friday.
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The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours
prescribed above.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working
during any of these hours must be made at least 72 hours in advance of the desired
time period. A separate request must be made for each work shift. The Engineer
reserves the right to deny any or all such requests. Additionally, the Contractor shall
pay for supplemental inspection costs of $123.00 per hour when such time periods are
approved.
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. Existing
water meter or valve box frames and covers shall be salvaged. Salvaged meter or
valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West
16th Street. The Contractor shall make arrangements for the delivery of salvaged
materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718- 3402."
7 -8 PROJECT SITE MAINTENANCE
7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor
elects to use City water, he shall arrange for a meter and tender an $813 meter deposit
with the City. Upon return of the meter to the City, the deposit will be returned to the
Contractor, less a quantity charge for water usage and repair charges for damage to the
meter."
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."
SP 6 OF 13
7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including
all water used during sawcutting operations, containing mud, silt or other deleterious
material due to the construction of this project shall be treated by filtration or retention in
settling basin(s) sufficient to prevent such material from migrating into any catch basin,
Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the
Construction Runoff Guidance Manual which is available for review at the Public Works
Department or can be found on the City's website at hftp://www.city.newport-
beach.ca.us/i)ubworks/links.htm."
7 -8.6.1 Best Management Practices and Monitoring Program. The
Contractor shall submit a Best Management Practice (BMP) plan for containing any
wastewater or storm water runoff from the project site including, but not limited to the
following:
a. No placement of construction materials where they could enter storm drain system,
which includes gutters that lead to catch basins.
b. Checking construction vehicles for leaking fluids.
c. Providing a controlled area for cleaning or rinse -down activities.
d. Monitoring construction activities.
e. Minimizing usage of water when saw - cutting and 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 -10 PUBLIC CONVENIENCE AND SAFETY
7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide
traffic control and access in accordance with Section 7 -10 of the Standard
Specifications and the Work Area Traffic Control Handbook (WATCH), also published
by Building News, Inc.
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work
must be maintained at all times. The Contractor shall cooperate with the Engineer to
provide advance notice to any and all establishments whose access will be impacted by
construction operations, particularly sidewalk construction. The Contractor shall furnish
and install signage, barricades, delineators, yellow safety ribbon, and any other
measures deemed necessary by the Engineer to safely direct the public around areas
SP7OF13
of construction, and into (and out of) the affected establishments. Such measures shall
be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)."
7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "Construction materials and equipment may only be
stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the
Contractor's responsibility to obtain an area for the storage of equipment and
materials. The Contractor shall obtain the Engineer's approval of a site for storage of
equipment and materials prior to arranging for or delivering equipment and materials to
the site. Prior to move -in, the Contractor shall take photos of the laydown area. The
Contractor shall restore the laydown area to its pre - construction condition. The
Engineer may require new base and pavement if the pavement condition has been
compromised during construction."
7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The
Contractor shall submit to the Engineer - at least five working days prior to the pre -
construction meeting - a traffic control plan and detour plans(s) for each street and
parking lot. The Contractor shall be responsible for processing and obtaining approval
of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to
the conditions of the traffic control plan. Traffic control plans shall be prepared by a
licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC
CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be
signed and sealed by a California licensed traffic engineer. Traffic. control and detour
plans shall meet the following requirements:
1. Emergency vehicle access shall be maintained at all times
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a
minimum of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and /or lighted.
4. The Contractor shall accommodate the City's trash collection. If the
Contractor elects to work on a street during its trash collection day, it shall be
the Contractor's responsibility to make alternative trash collection
arrangements by contacting the City's Refuse Superintendent, at (949) 718-
3468 and all affected property owners."
7 -10.4 Safety
7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely
and completely responsible for conditions of the job -site, including safety of all persons
and property during performance of the work, and the Contractor shall fully comply with
all State, Federal and other laws, rules, regulations, and orders relating to the safety of
the public and workers.
SP8OF13
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place
"NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs)
which he shall post at least forty -eight hours in advance of the need for enforcement.
The signs will be provided at no cost to the Contractor. However, the City reserves the
right to charge $1.50 per sign following any excessive abuse or wastage of the signs by
the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's
Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours
in advance of the need for enforcement. The signs shall (1) be made of white card
stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be
City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the
Public Works Department public counter.
The Contractor shall print the hours and dates of parking restriction on the "NO
PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the
completed sign, shall be reviewed and approved by the Engineer prior to posting.
7 -10.7 Notices to Residents. Ten working days prior to starting work, the
Contractor shall deliver a construction notice to residents within 500 feet of the project,
describing the project and indicating the limits of construction. The City will provide the
notice.
Forty -eight hours prior to the start of construction, the Contractor shall distribute to the
residents a second written notice prepared by the City clearly indicating specific dates
in the space provided on the notice when construction operations will start for each
block or street, what disruptions may occur, and approximately when construction will
be complete. An interruption of work at any location in excess of 14 calendar days shall
require re- notification. The Contractor shall insert the applicable dates and times at the
time the notices are distributed.
The written notices will be prepared by the City, but shall be completed and distributed
by the Contractor. Errors in distribution, false starts, acts of God, strikes or other
alterations of the schedule will require Contractor re- notification using an explanatory
letter furnished by the City.
7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of
work, the Contractor shall possess a General Engineering Contractor "A" License or a
Landscape Contractor "C -27" License. At the start of work and until completion of work,
the Contractor and all Sub - contractors shall possess a Business License issued by the
City of Newport Beach.
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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 reviewed by the Engineer at the time each progress bill is submitted.
The "As- Built" plans shall be submitted and approved by the Engineer prior to final
payment or release of any bonds.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
SECTION 9-- MEASUREMENT AND PAYMENT
9 -3 PAYMENT
9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid
for each item of work shown on the proposal shall include full compensation for
furnishing the labor, materials, tools, and equipment and doing all the work, including
restoring all existing improvements, to complete the item of work in place and no other
compensation will be allowed thereafter. Payment for incidental items of work not
separately listed shall be included in the prices shown for the other related items of
work. The following items of work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization: Work under this item shall include providing bonds,
insurance and financing, preparing the SWPPP or BMP Plan and construction
schedule, delivering all required notifications and temporary parking permits to adjacent
residents, post signs, covering conflicting signs, temporary fencing, installation of City
provided precast concrete bench, demobilization, and all other related work as required
by the Contract Documents.
Item No. 2 Dust Control: Work under this item shall include prevention of abnormal
dust conditions generated by the work and all other related work as required by the
Contract Documents.
Item No. 3 Construction Survey: Work under this item shall include surveying,
construction staking, filing of corner records, reestablishment of property corners
disturbed by the work, protection and restoration of existing monuments and all other
work items as required to complete the work in place.
SP 10 OF 13
Item No. 4 Import "Class A" Top Soil: Work under this item shall include importing
and placement of "Class A" top soil and all other work items as required to complete the
work in place.
Item No. 5 Site Clearing and Demolition: Work under this item shall include
removing all objectionable materials, applying herbicides and weed abatement within
construction limits and all other work items as required to complete the work in place.
Work under this item shall also include pruning roots of any trees that interfere with the
construction and all work necessary to root prune trees complete and in place.
Item No. 6 Concrete Walkway and Sidewalk: Work under this item shall include
subgrade compaction, construction of 5" thick concrete walkway with thickened edge,
removal and reconstruction of 4" thick sidewalk and all other work items as required to
complete the work in place.
Item No. 7 Irrigation: Work under this item shall include providing and installing all
irrigation pipe, controller, supply lines, heads, valves, wiring, sleeves, core drilling
through planter wall, connections and all other work items as required to complete the
work in place.
Item No. 8 Soil Preparation and Fine Grading: Work under this item shall include
soil testing, provide and place soil amendments, tilling, fertilizing, grading, mounding,
soil import/export (if any) and all other work items as required to complete the work in
place.
Item No. 9 Trees, 36" Box: Work under this item shall include providing and
placing trees, 36" Box in the spacing and pattern as specified on the drawings and all
other work items as required to complete the work in place.
Item No. 10 Trees, 24" Box: Work under this item shall include providing and
placing trees, 24" Box in the spacing and pattern as specified on the drawings and all
other work items as required to complete the work in place.
Item No. 11 Shrubs /Groundcovers, 15 gal: Work under this item shall include
providing and placing shrubs /groundcovers, 15 gal in the spacing and pattern as
specified on the drawings and all other work items as required to complete the work in
place.
Item No. 12 Shrubs /Groundcovers, 5 gal: Work under this item shall include
providing and placing shrubs /g round covers, 5 gal in the spacing and pattern as
specified on the drawings and all other work items as required to complete the work in
place.
Item No. 13 Shrubs /Groundcovers, 1 gal: Work under this item shall include
providing and placing shrubs /ground covers, 1 gal in the spacing and pattern as
specified on the drawings and all other work items as required to complete the work in
place.
SP 11 OF 13
Item No. 14 Groundcovers, Liners: Work under this item shall include providing
and placing groundcovers, liners in the spacing and pattern as specified on the
drawings and all other work items as required to complete the work in place.
Item No. 15 Mulch, 2" Thick: Work under this item shall include providing and
placing Mulch, 2" thick in the spacing and pattern as specified on the drawings and all
other work items as required to complete the work in place. -
Item No. 16 Maintenance Period (90 Days): Work under this item shall include the
maintenance of all landscaping, including but not limited to, site irrigation, weed control,
erosion control, pest and disease control, replacement planting for a period of one year
from completion of the project, and all other work items as required to complete the
work in place.
Item No. 17 Dog Waste Bag Dispenser: Work under this item shall include
providing and installing a dog waste bag dispenser as manufactured by Doggie Walk
Bag Company (Blue Dispenser), Balboa Island, CA 92662, (949) 756 -2247.
Item No. 18 Trash Receptacle: Work under this item shall include providing and
placing one trash receptacle at the location shown on the contract drawings and a
second trash receptacle at the other end of Canal Street approximately 350 ft west of
project site. Exact location will be determined by City inspector. Trash receptacles
shall be purchased from Quick Crete Products Corp., Norco, CA 92860, (951) 737-
6240. The item number is ORPS2533WA21 and shall have the City logo on the side.
9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for
mobilization shall be made in accordance with Section 10264 of the California Public
Contract Code."
PART 2
CONSTRUCTION MATERIALS
SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS
201 -1 PORTLAND CEMENT CONCRETE
201 -1.1.2 Concrete Specified by Class. Add to this section: `Portland Cement
concrete for construction shall be Class 560 -C- 3250."
201 -2 REINFORCEMENT FOR CONCRETE
201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be
Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown
otherwise on the plans."
SP 12 OF 13
PART 3
CONSTRUCTION METHODS
SECTION 300 - -- EARTHWORK
300 -1 CLEARING AND GRUBBING
300 -1.3 Removal and Disposal of Materials
Add to this Section: "Removal and disposal of material shall be done by City
approved Licensed and Franchised Commercial Sold Waste Haulers. A current list of
approved haulers can be provided upon request or be found on the City's website at
http: / /www. city. newport- beach.ca. us /GSV /Frachised %20Haulers.htm."
300 -1.3.1 General. Add to this section: "The work shall be done in accordance
with Section 300 -1.3.2 of the Standard Specifications except as modified and
supplemented herein. Joins to existing pavement lines shall be full depth sawcuts.
Final removal between the sawcut lines may be accomplished by the use of
jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted
on the job. The Engineer must approve final removal accomplished by other means.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor
will remove any broken concrete, debris or other deleterious material from the job site at
the end of each workday. All areas of roadway removal and replacement shall have a
minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall
meet with the Engineer to mark out the areas of roadway removal and replacement.
300 -1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley
Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly
made to a minimum of two (2) inches." Replace the words "1-Y2 inch" of the last sentence
with the words "two (2) inches ".
300 -1.5 Solid Waste Diversion. Non- reinforced concrete and asphalt wastes
generated from the job site shall be disposed of at a facility that crushes such materials
for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a
sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
tonnage monthly to the Engineer on a form provided by the Engineer and provide
appropriate confirmation documentation from the recycling facility.
SP 13 OF 13
SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION
303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS
303 -5.1 Requirements
303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall
be opened to pedestrian access on the day following concrete placement. In addition,
all forms shall be removed, irrigation systems shall be repaired, and backfill or
patchback shall be placed within 72 hours following concrete placement. Newly poured
P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until
the concrete has cured to a minimum strength of 3,000 psi."
SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION
308 -1 General. Add to this section: "The Contractor is responsible for clearing and
grubbing, pruning and removing tree roots that interfere with the work. The Contractor
shall be responsible for ensuring that no tree roots are pruned or cut that could
compromise the stability of the tree.
The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr.
John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the
work. The Contractor shall describe the method of pruning and removing minor tree
roots that may be encountered during construction. The Urban Forrester will decide at
that time if a formal submittal is required for review by the City.
If the Contractor encounters large tree roots, he /she shall cease work at that location
and immediately contact the City's Urban Forrester for inspection. Upon inspection, the
Urban Forrester may require the Contractor to formally submit a plan for removing the
large roots to the City for review.
FAUsers%PBMShared\Contracts\FY 08- 071NEWPORT SHORES STREET ENDS C- 38051SPECS C3805.doc
SUPPLEMENTARY SPECIAL PROVISIONS
SECTION 02220 — SITE CLEARING AND DEMOLITION
PART 1- GENERAL
1.01 DESCRIPTION OF WORK
A. Furnish all labor, materials, tools, equipment, appliances and necessary
incidentals for the complete site clearing, demolition and removals as
shown on the drawings and as specified herein.
B. Demolition and removal of plant material, litter and debris.
C. Disconnection, removal and capping of identified utilities.
1.02 RELATED DOCUMENTS
A. The 2003 Edition Standard Specifications for Public Works Construction
and all updates apply to the work of this section
B. The latest revision to the City of Newport Beach Department of Public
Works Standard Plans apply to the work of this section. Applicable plans
are stipulated on drawings.
1.03 REGULATORY REQUIREMENTS
A. Conform to applicable codes for site clearing, demolition, safety of
adjacent structures and improvements, dust control, run off control and
disposal.
B. Obtain required permits from authorities. The Contractor shall apply for
and obtain all construction permits from outside agencies as needed to
complete the site improvements. All fees required for permits required by
the agencies shall be paid by the Contractor.
C. Notify affected utility companies before starting work and comply with their
requirements.
D. Do not close or obstruct roadways or sidewalks without pen-nits.
E. Protection of Existing Improvements: Provide protection necessary to
prevent damage to existing improvements indicated to remain in place and
conform to Section 300 -1.2 of the Standard Specifications for Public
Works Construction.
SECTION 02220 -SITE CLEARING AND DEMOLITION - 1
SUPPLEMENTARY SPECIAL PROVISIONS
1.04 SUBMITTALS
Submit to Engineer, demolition and removal sequence and location and
construction of barricades and fences.
PART 2- PRODUCTS
2.01 PRODUCTS: Furnish all labor and equipment necessary for the work.
2.02 All fill materials used for this work shall be approved in writing by the owner.
Other materials used on this portion of the work shall conform to the applicable
sections of the specifications or be approved by the owner in writing.
PART 3 - EXECUTION
3.01 PREPARATION
A. Provide, erect and maintain temporary barricades and security devices
such as flashers, barrier tape, fencing and signs as necessary for safety.
Temporary 6' ht. fencing shall be installed where necessary around the
perimeter of the project site as directed by the Engineer.
B. Protect existing structures, lighting, appurtenances, fencing, walls,
sidewalks, curbing, and improvements which are not be removed.
C. Mark location of utilities. Maintain existing utility service.
3.02 DEMOLITION REQUIREMENTS
A. Disconnect, remove and cap utilities within demolition areas.
B. Removal from Owner's Property: Remove waste materials and unsuitable
or excess topsoil from Owner's property and dispose of off site in a legal
manner. Any removal shall conform to Section 300 - 1.3.2, subsections (a),
(b) and (c) of the Standard Specifications for Public Works Construction.
All spoil material shall become the property of the contractor. The
contractor shall submit a certificate of acceptance of the spoil material to
the owner from the owner of the disposal site.
C. Burning on Owner's Property: Burning is not permitted on Owner's
property. Disposal of waste material shall conform to Section 300 -1.3.1 of
the Standard Specifications for Public Works Construction.
SECTION 02220 -SITE CLEARING AND DEMOLITION - 2
SUPPLEMENTARY SPECIAL PROVISIONS
3.03 SITE CLEARING
General: All site clearing shall conform to Section 300 -1.1 of the Standard
Specifications for Public Works Construction. Site clearing shall include
but not be limited to removal of trash, weeds, plants and debris, including
rubble of broken concrete and asphalt if encountered. The Contractor
shall furnish all labor, materials, tools, equipment, appliances and
necessary incidentals for the completion of site clearing as shown on the
drawings and as specified herein.
END OF SECTION
SECTION 02220 -SITE CLEARING AND DEMOLITION - 3
SUPPLEMENTARY SPECIAL PROVISIONS
SECTION 02700 — SITE PREPARATION, EARTHWORK AND SITE GRADING
PART 1 — GENERAL
1.01 DESCRIPTION:
A. Provide and perform site preparation, earthwork and site grading
including:
1. Excavation
2. Imported topsoil.
3. Site Grading
4. Control of surface water.
5. Testing and inspection of work of this section.
6. Clean up and disposal.
B. Related Sections
1. Landscaping.
2. Site Clearing and Demolition.
1.02 QUALITY ASSURANCE:
A. Preconstruction Conference: Contractor shall conduct a preconstruction
conference prior to starting work of this section, to develop a program for
quality control of the work. The requirements for observation of the work
by the Engineer, scheduling of the work to be observed, any additional
observation requirements, and planned construction procedures, will be
discussed. The existing prepared site will be inspected, and required
remedial measures will be defined.
B. Source Quality Control: Obtain approval by the engineer of imported fill
material before material is brought to site, and same approval of
excavated material for use in fills or backfills prior to placing.
1.03 PROJECT SITE CONDITIONS:
A. Protection: Provide and maintain protection to retain earth banks and to
protect adjoining grades from caving, sliding, erosion, or other damage.
Provide suitable protection against all bodily injury. Construct all
bulkheads and shoring to requirements of State and Local codes and
regulations. Shore vertical banks or slope banks back as required for
stability and safety. Erect temporary barricades located at least 5 -feet
away from the top of slopes, and provide temporary berms as required to
prevent slope erosion from water.
SECTION 02700 - SITE PREPARATION,
EARTHWORK AND SITE GRADING -1
SUPPLEMENTARY SPECIAL PROVISIONS
1.04 MOBILIZATION
Mobilization shall consist of preparatory work and operations including, but not
limited to, those necessary for the movement of personnel, equipment, materials
and incidentals to the project site necessary for work on the project and for all
other work and operations which must be performed or costs incurred including
bonds, insurance and financing prior to beginning work on the various contract
items on the project site. Mobilization shall also include the time, materials, and
labor to move the necessary construction equipment to and from the job site,
supervisory time on the job by the Contractor's personnel to keep the
construction site in safe condition and all other related work as required at all
times and for all nonworking days during construction period. The Contractor is
responsible for securing an adequate storage site for equipment and materials.
The Contractor shall provide at own expense a mobile cellular telephone for use
of Contractor and Sub - Contractors, and for use of the City representatives,
limited to local calls at Contractor's expense.
The Contractor shall have on the work site at all times a competent English -
speaking superintendent, as his agent, capable of reading and thoroughly
understanding the plans and specifications and other related documents.
1.05 UNCLASSIFIED EXCAVATION
Unclassified Excavation shall include all work involved in grading as shown on
the plans. All slopes shall be finished in conformance with the lines and grades
shown on the plans.
The Contractor shall conform to the subgrade preparation requirement of Section
301 -1 herein.
PART 2 — PRODUCTS
2.01 MATERIALS: Provide approved imported material as required if the quantity of
approved site and excavated material is insufficient to complete the work.
A. Earthwork Materials: Approved excavated or imported granular soil such
as silty sand of the non - expansive type (that undergoes no undesirable
volumetric change with changes in the moisture content) and containing
not more than 20 percent by weight of material passing the No. 200 sieve,
free from trash, roots, organic material, clay lumps, and rocks over 6" size.
B. Imported Topsoil
1. Topsoil in planting areas shall be Class "A" (imported). Topsoil shall
be transported from the source to its final position unless
stockpiling is specified.
SECTION 02700 - SITE PREPARATION,
EARTHWORK AND SITE GRADING -2
SUPPLEMENTARY SPECIAL PROVISIONS
2. Class "A° topsoil shall be from a source outside the limits of the
project selected by the Contractor and in compliance with the
requirements specified herein. The Engineer may make such
inspections and require the Contractor to perform such tests as
deemed necessary to determine that the material meets the
requirements.
3. At least thirty (30) calendar days before scheduled use, the
proposed source of topsoil must be submitted to the Engineer for
approval so that it may be tested. The Contractor shall submit a
written request for approval which shall be accompanied by a
written soils test report which states that the proposed source
complies with these specifications.
4. Class "A" topsoil shall have the same relative composition and
structure, a friable sandy loam character, and be free of roots,
clods, and stones larger than one inch (1 ") in greatest dimension,
pockets of coarse sand, noxious weeds, sticks, brush, and other
litter. It shall not be infested with nematodes or other undesirable
insects and plant disease organisms.
5. All Class "A" topsoil shall meet the following additional
requirements:
a. Gradation Limits: Sand, 50 -80 percent, clay 20 percent
maximum, and silt, 30 percent maximum. The sand, clay,
and silt gradation limits shall be as defined in ASTM D422.
b. Permeability Rate: Not less than 0.5 inches per hour nor
more than 2 inches per hour when tested in accordance with
ASTM D 2434, California Test 220, or other approved
methods.
C. Agricultural Suitability: The topsoil shall be suitable to
sustain the growth of the plants specified.
d. In no case shall there be more than five percent (5 %) by
volume of stones smaller than one inch (1 "), coarse sand
and small clay lumps.
SECTION 02700 - SITE PREPARATION,
EARTHWORK AND SITE GRADING -3
SUPPLEMENTARY SPECIAL PROVISIONS
PART 3 — EXECUTION
3.01 SITE GRADING
A. The work shall be performed in accordance with the State of California
Department of Transportation Standard Specification and Standard
Specifications for Public Works constructions, latest editions, these special
conditions and the drawings with notes therein.
B. All excavations and embankments required to complete the work as
specified on the plans shall be made to the lines and grades shown on the
plans or as staked in the field. Excavated materials not required for fill,
embankments or backfill, in the opinion of the Engineer shall become the
property of the Contractor and shall be removed by the Contractor from
the site of work unless other arrangements have been made with
Engineer.
C. All excavations shall be performed, protected and supported as required
for safety and in the manner set forth in the operation rules, orders and
regulations prescribed by the Division of Industrial Safety of the State of
California. Barriers shall be placed at each end of excavations and at
such places as may be necessary along excavations to warn pedestrians,
vehicles and equipment of such excavations.
3.02 TRENCHING: Trenching and excavation for underground piping, conduits, and
related items is performed under other sections. Conform trenching operations
to the following requirements.
A. Trenches: Excavate trenches to widths required for proper laying of pipe,
with banks as nearly vertical as practicable. Bring bottoms of trenches to
the required depths, all accurately graded to provide uniform bearing on
undisturbed soil for entire length of each section of pipe, except where it is
necessary to excavate for pipe bells or for pipe bedding specked in other
sections.
B. Methods: Machine excavation method may be used down to rough
elevations. Perform fine grading and trimming by hand method.
C. Trench Backfilling: Conform to Paragraph 03.05 "Compaction" except
compact all backfill to at least 95 percent of maximum dry density where
the trenches are located in paved areas or under building or structures.
Take precautions in placing and compaction of backfill to avoid damaging
pipes, ducts, conduits, sand structures.
SECTION 02700 - SITE PREPARATION,
EARTHWORK AND SITE GRADING -4
SUPPLEMENTARY SPECIAL PROVISIONS
3.03 COMPACTION CONTROL
A. Moisture Content: Before compacting, bring all material to uniform
moisture content varying no more than 2 percent above or below optimum
moisture content. Obtain approval by the engineer of the moisture content
before performing further grading operations.
B. Compaction: Moisten or aerate all material to specified moisture content,
then uniformly compact the fills and backfills in maximum 8" thick loose
layers to 90 percent of the maximum dry density determined by ASTM D
1557. This is the minimum compaction; average shall be at least 92
percent. Flooding or jetting is not allowed. In areas to be landscaped
only, fills may be placed in 12" layers and compacted to 85 percent of
maximum dry density.
3.04 BACKFILLS: Do not place backfills until after concrete forms are removed, and
pointing and patching of concrete, and waterproofing with protection course are
done and approved.
3.05 SUBGRADE PREPARATION FOR CONCRETE: Prepare subgrade for concrete
items placed directly on earth by excavating, filling, and grading as required and
as specified, and bring to optimum moisture content. Finish the subgrade within
3 /8" tolerance when tested along a 10 -foot straightedge in any direction at any
location. Compact to density specified for fills, and maintain moisture content
until concrete is place.
3.06 LANDSCAPE AREAS: Bring to nominal 0.10 -foot below required grades except
where topsoil fill occurs, and finish with smoothly curving contours at grade
changes and slopes, as approved. Grade to allow for thickness of topsoil fill
Avoid excessive compaction in all areas.
3.07 DISPOSAL: Clean up and remove all trash, debris, waste, and surplus and
rejected earthwork materials from the site to a legal disposal area. Conform to
pertaining laws, codes, and regulations, obtain and pay for required hauling and
dumping permits, and pay all dumping charges. Perform trucking and material
handling in a careful manner to prevent spillage and dusting or damage to
surfaces and structures. Remove planks used to protect surfaces subject to
public traffic at finish of each day's operations. Maintain public streets and
sidewalks in broom clean condition.
END OF SECTION
SECTION 02700 - SITE PREPARATION,
EARTHWORK AND SITE GRADING -5
SUPPLEMENTARY SPECIAL PROVISIONS
SECTION 02810 - IRRIGATION
PART1- GENERAL
1.01 Summary
A. It is the intent of the Specifications and Drawings that the finished system is
complete in every respect and shall be ready for operation satisfactory to the
City.
B. The work shall include all materials, labor, services, transportation, and
equipment necessary to perform the work as indicated on the Drawings, in these
Specifications, and as necessary to complete the contract.
C. Related Sections.
Section 02900: Landscaping
D. The Standard Specifications for Public Works Construction, "Greenbook ", 2003,
is referenced as if herein contained and the Contractor shall keep a copy at the
project site. These Specifications shall supersede conflicts with information
given in the "Greenbook ", unless otherwise determined by the city.
1.02 Construction Drawings
A. Due to the scale of the Drawings, it is not possible to indicate all offsets, fittings,
sleeves, etc. which may be required. Contractor shall carefully investigate the
structural and finished conditions affecting all of his work and plan his work
accordingly, furnishing such fittings, etc. as may be required to meet such
conditions. Drawings are generally diagrammatic and indicative of the work to
be installed. The work shall be installed in such a manner as to avoid conflicts
between irrigation systems, planting, and architectural features.
B. All work called for on the Drawings by notes or details shall be furnished and
installed whether or not specifically mentioned in the Specifications. When an
item is shown on the Plans but not shown on the Specifications or vice versa, it
shall be deemed to be as shown on both. The Engineer shall have final
authority for clarification.
C. Do not willfully install the irrigation system as shown on the Drawings when it is
obvious in the field that obstructions, grade differences or discrepancies in area
dimensions exist that might not have been considered in engineering. Such
obstructions or differences.shall be brought to the attention of the Engineer as
soon as detected. In the event this notification is not performed, pay, at
Contractor's sole cost, for any revision necessary.
SECTION 02810 - IRRIGATION -1
SUPPLEMENTARY SPECIAL PROVISIONS
1.03 Quality Assurance
A. Provide at least one English speaking person who shall be present at all times
during execution of this portion of the work and who shall be thoroughly familiar
with the type of materials being installed and the manufacturer's recommended
methods of installation and who shall direct all work performed under this
Section.
B. Manufacturer's directions and detailed Drawings shall be followed in all cases
where the manufacturer of articles used furnishes directions covering points not
shown in the Drawings and Specifications.
C. All local, municipal, and state laws, rules and regulations governing or relating to
any portion of this work are hereby incorporated into and made a part of these
Specifications, and their provisions shall be carried out by the Contractor.
Anything contained in these Specifications shall not be construed to conflict with
any of the above rules and regulations of the same. However, when these
Specifications and Drawings call for or describe materials, workmanship, or
construction of a better quality, higher standard, or larger size than is required by
the above rules and regulations, the provisions of these Specifications and
Drawings shall take precedence.
D. All materials supplied for this project shall be new and free from any defects. All
defective materials shall be replaced immediately at no additional cost to City.
E. Obtain the required licenses and permits including payments of charges and
fees, give required notices to public authorities, verify permits secured or
arrangements made by others affecting the work of this Section.
1.04 Submittals
A. Materials List:
1. After award of contract and before any irrigation system materials are
delivered to the job site, submit to the Engineer a complete list of all irrigation
systems, materials, or processes proposed to be furnished and installed as
part of this contract.
2. Show manufacturer's name and catalog number for each item, furnish
complete catalog cuts and technical data, furnish the manufacturer's
recommendations as to the method of installation.
3. No substitutions will be allowed without prior written acceptance by the
Engineer.
4. Manufacturer's warranties shall not relieve the Contractor of it's liability under
the guarantee. Such warranties shall only supplement the guarantee.
SECTION 02810 - IRRIGATION -2
SUPPLEMENTARY SPECIAL PROVISIONS
B. Substitutions:
If the Contractor wishes to substitute any equipment or materials for equipment or
materials listed on the irrigation Drawings and Specifications, it may do so by
providing the following information to the Engineer for approval.
1. Provide a written statement indicating the reason for making the substitution.
2. Provide catalog cut sheets, technical data, and performance information for
each substitute item.
3. Provide in writing the difference in installed price if the item is accepted.
1.05 Existing Conditions
A. Verify and be familiar with the locations, size and detail of points of connection
provided as the source of water and electrical supply, connection to the irrigation
system.
B. Irrigation design is based on the available static water pressure shown on the
Drawings. Verify static water on the project prior to the start of construction.
Should a discrepancy exist, notify the Engineer authorized representative prior
to beginning construction.
C. Prior to cutting into the soil, locate all cables, conduits, sewer septic tanks, and
other utilities as are commonly encountered underground and it shall take
proper precautions not to damage or disturb such improvements. If a conflict
exists between the obstacles and the proposed work, promptly notify the
Engineer who will arrange for relocations. Proceed in the same manner if a rock
layer or any other such conditions are encountered.
D. Protect all existing utilities and features to remain on and adjacent to the project
site during construction. Repair, at its sole cost, all damage resulting from its
operations or negligence.
1.06 Inspections
A. Permit the Engineer to visit and inspect at all times any part of the work and
shall provide safe access for such visits.
B. Where the Specifications require work to be tested by the Contractor, it shall not
be covered over until accepted by the Engineer. Notify the Engineer, a minimum
of 48 hours in advance of where and when the work is ready for testing. Should
any work be covered without testing or acceptance, it shall be, if so ordered,
uncovered at the Contractor's sole expense.
SECTION 02810 - IRRIGATION -3
SUPPLEMENTARY SPECIAL PROVISIONS
C. Inspections will be required for the following at a minimum:
1. System layout
2. Pressure test irrigation main line (Six hours at 125 PSI) lateral lines (2 hours
at 100 psi).
3. Coverage test of irrigation system
4. Final inspection prior to start of maintenance period
5. Final acceptance
D. Site observations and testing will not commence without the record Drawings as
prepared by the irrigation contractor. Record Drawings must complete and up to
date for each site visit.
E. Work that fails testing and is not accepted will be re- tested. Hourly rates and
expenses of the Engineer for re- inspection or re- testing will be paid by the
Contractor at no additional expense to City.
1.07 Storage and Handling
A. Use all means necessary to protect irrigation system materials before, during,
and after installation and to protect the installation work and materials of all other
trades. In the event of damage, immediately make all repairs and replacements
necessary to the acceptance of the Engineer and at no additional cost to the
City.
B. Exercise care in handling, loading, unloading, and storing plastic pipe and
fittings under cover until ready to install. Transport plastic pipe only on a vehicle
with a bed long enough to allow the pipe to lay flat to avoid undue bending and
concentrated external load.
1.08 Cleanup and Disposal
A. Dispose of waste, trash, and debris in accordance with applicable laws and
ordinances and as prescribed by authorities having jurisdiction. Do not bury
waste material and debris on the site. Burning of trash and debris will not be
permitted. Remove and dispose of rubbish and debris generated by his work
and workmen at frequent intervals or when ordered to do so by the Engineer.
B. At the time of completion the entire site will be cleared of tools, equipment,
rubbish and debris which shall be disposed of off -site in a disposal area that is
fully and legally licensed.
SECTION 02810 - IRRIGATION -4
SUPPLEMENTARY SPECIAL PROVISIONS
1.09 Turnover Items
A. Drawings of Record:
Record accurately on one set of Drawings all changes in the work
constituting departures from the original Drawings.
2. The changes and dimensions shall be recorded in a legible and workmanlike
manner to the satisfaction of the City. Prior to final inspection of work, submit
record Drawings to the Engineer.
3. Dimensions from /to permanent points of reference such as buildings,
sidewalks, curbs, etc. shall be shown. Data on record Drawings shall be
recorded on a day to day basis as the project is being installed. All lettering
on Drawings shall be minimum 1/8 inch in size.
4. Show locations and depths of the following items:
a. Point of connection (including water P.O.C., master control valves, quick
couplers, etc.)
b. Routing of sprinkler pressure lines (dimensions shown at a maximum of
100 feet along routing)
c. Isolation valves
d. Automatic remote control valves
e. Quick coupling valves
f. Routing of control wires
g. Irrigation controllers
h. Related equipment (as may be directed)
5. Maintain record Drawings on site at all times. Upon completion of work,
transfer all as -built information and dimensions to reproducible sepia prints.
B. Equipment:
1. Supply the following items:
a. Two (2) wrenches for disassembly and adjustment of each type of
sprinkler head used in the irrigation system.
b. Two (2) 30 -inch sprinkler keys for manual operation of control valves.
SECTION 02810 - IRRIGATION -5
SUPPLEMENTARY SPECIAL PROVISIONS
c. Two (2) quick coupler keys with a 1" bronze hose bib, bent nose type with
hand wheel and two coupler lid keys.
d. One (1) valve box cover key or wrench.
e. Four (4) extra sprinkler heads of each size and type.
2. The above equipment shall be turned over to the Engineer at the final
inspection.
1.10 Completion
A. At the time of the pre - maintenance period inspection, the Engineer and
governing agencies will inspect the work and, if not accepted, prepare a list of
items to be completed by the Contractor. At the time of the post- maintenance
period or final inspection the work will be re- inspected and final acceptance will
be in writing by the Engineer.
B. The City Engineer shall have final authority on all portions of the work.
C. After the system has been completed, the Contractor shall instruct City's
authorized representative in the operation and maintenance of the irrigation
system and shall furnish a complete set of operating and maintenance
instructions.
D. Without any additional expense to the City, repair any settling of trenches, which
may occur during the one -year period following acceptance, to the City's
satisfaction. Repairs shall include the complete restoration of all damage to
planting, paving or other improvements of any kind as a result of the work.
1.11 Guarantee
A. The entire sprinkler system with exception of existing equipment being utilized,
shall be unconditionally guaranteed against all defects and fault of material and
workmanship, including settling of backfilled areas below grade, for a period of
one (1) year following the filing of the Notice of Completion. The guarantee shall
be valid unless existing equipment utilized on the project fails within the
guarantee period.
B. Should any problem with the irrigation system be discovered within the
guarantee period, and at no additional expense to City, correct it within ten (10)
calendar days after receipt of written notice from City. When the nature of the
repairs as determined by the City constitute an emergency (i.e. broken pressure
line) the City may proceed to make repairs at the Contractor's expense. Any
and all damages to existing improvement resulting either from faulty materials or
workmanship, or from the necessary repairs to correct same, shall be repaired to
SECTION 02810 - IRRIGATION-6
SUPPLEMENTARY SPECIAL PROVISIONS
the satisfaction of the owner by the Contractor, all at no additional cost to the
City.
C. Guarantee shall be submitted on Contractors own letterhead as follows:
GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM
We hereby guarantee that the sprinkler 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 shall repair or replace any defective material with the
exception of existing equipment being utilized, during the period of one
year after date of filing of the Notice of Completion and also repair or
replace any damage resulting from the repairing or replacing of such
defects at no additional cost to the owner. We shall make such repairs or
replacements within 10 calendar days following written notification by the
owner. In the event of our failure to make such repairs or replacements
within the time specified after receipt of written notice from owner, we
authorize the owner to proceed to have said repairs or replacements
made at our expense and we will pay the costs and charges therefor upon
demand.
PART 2 - MATERIALS
2.01 Summary
Use only new materials of the manufacturer, size and type shown on the
Drawings and Specifications. Materials or equipment installed or furnished that
do not meet City standards will be rejected and shall be removed from the site at
no expense to the City.
2.02 Pipe
All irrigation pipe shall be Schedule 40 solvent weld PVC. Piping shall conform
to ASTM 1785.
2.03 Plastic Pipe and Fittings
A. Pipe shall be marked continuously with manufacturer's name, nominal pipe size,
schedule or class, PVC type and grade, National Sanitation Foundation
approval, Commercial Standards designation, and date of extrusion.
B. All plastic pipe shall be extruded of an improved PVC virgin pipe compound in
accordance with ASTM D2241 or ASTM D1785.
SECTION 02810- IRRIGATION -7
SUPPLEMENTARY SPECIAL PROVISIONS
C. All solvent weld PVC fittings shall be standard weight Schedule 40 and shall be
injection molded of an improved virgin PVC fitting compound. Slip PVC fittings
shall be the "deep socket" bracketed type. Threaded plastic fittings shall be
injection molded. All tees and ells shall be side gated. All fittings shall conform
to ASTM D2466.
D. All threaded nipples shall be standard weight Schedule 80 with molded threads
and shall conform to ASTM D1785.
E. All solvent cementing of plastic pipe and fittings shall be a two -step process,
using primer and solvent cement applied per the manufacturer's
recommendations. Cement shall be of a fluid consistency, not gel -like or ropy.
Solvent cementing shall be in conformance with ASTM D2564 and ASTM
D2855.
F. When connection is plastic to metal, female adapters shall be hand tightened,
plus one turn with a strap wrench. Joint compound shall be non -lead base teflon
paste, tape, or approved equal.
2.04 Backflow Prevention Unit
Existing backflow prevention will be utilized.
2.05 Valves
A. Gate Valves
1. Gate valves shall be of the manufacturer, size, and type indicated on the
Drawings.
2. Gate valves shall be constructed of a bronze body, gate and stem with a
malleable iron hand wheel. Gate valves shall have threaded connections.
3. All gate valves shall have a minimum working pressure of not less than 150
psi and shall conform to AWWA standards.
B. Quick Coupler Valves:
1. Quick coupler valves shall be of the manufacturer, size, and type indicated on
the Drawings.
2. Quick coupler valves shall be brass with a wall thickness guaranteed to
withstand normal working pressure of 150 psi without leakage. Valves shall
have 1" female threads opening at base, with two -piece body. Valves shall be
operated only with a coupler key designed for that purpose. Coupler key shall
SECTION 02810 - IRRIGATION -8
SUPPLEMENTARY SPECIAL PROVISIONS
be inserted into valve and a positive, watertight connection shall be made
between the coupler key and valve.
C. Automatic Control Valves:
1. Automatic control valves shall be of the manufacturer, size, and type indicated
on the Drawings.
2. Automatic control valves shall be electrically operated.
2.06 Valve Boxes
A. Valve boxes shall be fabricated from a durable, weather- resistant plastic
material resistant to sunlight and chemical action of soils.
B. The valve box cover shall be green in color and secured with a hidden latch
mechanism or bolts.
C. The cover and box shall be capable of sustaining a load of 1,500 pounds.
D. Valve box extensions shall be by the same manufacturer as the valve box.
E. Automatic control valve boxes shall be 16 "x11 "x12" rectangular size. Valve box
covers shall be marked "RCV" with the valve identification number "heat
branded" onto the cover in 2 inch high letters / numbers.
F. Gate and quick coupler valve boxes shall be 10" circular size. Valve box covers
shall be marked with either "GV" or "QCV" "heat branded" onto the cover in 2
inch high letters.
2.07 Automatic Controller
Existing automatic controller shall be utilized.
2.08 Electrical
A. All electrical equipment shall be NEMA Type 3, waterproofed for exterior
installations.
B. All electrical work shall conform to local codes and ordinances.
2.09 Low Voltage Control Wiring
A. Remote control wire shall be direct -burial AWG -UF type, size as indicated on the
Drawings, and in no case smaller than 14 gauge.
B. Connections shall be either epoxy - sealed packet type or Penn -Tite connectors.
SECTION 02810 - IRRIGATION -9
SUPPLEMENTARY SPECIAL PROVISIONS
C. Ground wires shall be white in color. Control wires shall be red (where two or
more controllers are used, the control wires shall be a different color for each
controller. These colors shall be noted on the 'Record Drawings" Plans located
on controller door).
2.10 Irrigation Heads
A. Irrigation heads shall be of the manufacturer, size, type, with radius of throw,
operating pressure, and discharge rate indicated on the Drawings.
B. Irrigation heads shall be used as indicated on the Drawings.
PART 3 - EXECUTION
3.01 Site Conditions
A. Inspections:
Prior to all work of this Section, carefully inspect the installed work of all other
trades and verify that all such work is complete to the point where this
installation may properly commence.
2. Verify that irrigation system may be installed in strict accordance with all
pertinent codes and regulations, the original design, the referenced standards,
and the manufacturer's recommendations.
B. Discrepancies:
1. In the event of discrepancy, immediately notify the Engineer.
2. Do not proceed with installation in areas of discrepancy until all discrepancies
have been resolved.
C. Grades:
1. Before starting work, carefully check all grades to determine that work may
safely proceed, keeping within the specified material depths with respect to
finish grade.
2. The Engineer shall accept final grades before work on this Section will be
allowed to begin.
SECTION 02810 - IRRIGATION -10
SUPPLEMENTARY SPECIAL PROVISIONS
D. Field Measurements:
1. Make all necessary measurements in the field to ensure precise fit of items in
accordance with the original design. Coordinate the installation of all irrigation
materials with all other work.
2. All scaled dimensions are approximate. Check and verify all size dimensions
prior to proceeding with work under this Section.
3. Exercise extreme care in excavating and working near existing utilities. Repair
damages to utilities, which are caused by Contractor's operations or neglect,
at no additional cost to City.
E. Layout:
1. Prior to installation, stake out all pressure supply lines, routing and location of
sprinkler heads, valves, backflow preventer, and automatic controller (unless
existing are to be utilized).
2. Layout irrigation system and make minor adjustments required due to
differences between site and Drawings. Where piping is shown on Drawings
under paved areas, but running parallel and adjacent to planted areas, install
the piping in the planted areas.
F. Water Supply:
Connections to, or the installation of, the water supply shall be at the locations
shown on the Drawings. Minor changes caused by actual site conditions shall be
made at no additional expense to the City.
3.02 Trenching
A. Excavations shall be straight with vertical sides, even grade, and support pipe
continuously on bottom of trench. Trenching excavation shall follow layout
indicated on Drawings to the depths below finished grade and as noted. Where
lines occur under paved area, these dimensions shall be considered below
subgrade.
B. Provide minimum cover of 24 inches on pressure supply lines.
C. Provide minimum cover of 24 inches for control wires.
D. Provide minimum cover of 12 inches for non - pressure lines.
E. Pipes installed in a common trench shall have a 6 -inch minimum space between
pipes.
SECTION 02810 - IRRIGATION -11
SUPPLEMENTARY SPECIAL PROVISIONS
3.03 Backfilling
A. Backfill material on all lines shall be the same as adjacent soil free of debris,
litter, and rocks over 1/2 inch in diameter.
B. Backfill shall be tamped in 4 -inch layers under the pipe and uniformly on both
sides for the full width of the trench and the full length of the pipe. Backfill
materials shall be sufficiently damp to permit thorough compaction, free of voids.
Backfill shall be compacted to 90% relative compaction and shall conform to
adjacent grades.
C. Flooding in lieu of tamping is not allowed.
D. Under no circumstances shall truck wheels be used to compact backfill.
E. Provide sand backfill a minimum of 6 inches over and under all piping under
paved areas.
3.04 Piping
A. Piping under existing pavement maybe installed by jacking, boring, or hydraulic
driving. No hydraulic driving is permitted under asphalt pavement.
B. Cutting or breaking of existing pavement is not permitted.
C. Carefully inspect all pipe and fittings before installation, removing dirt, scale,
burrs, and reaming. Install pipe with all markings up for visual inspection and
verification.
D. Remove all dented and damaged pipe Sections.
E. All lines shall have a minimum clearance of 6 inches from each other and 12
inches from lines of other trades.
F. Parallel lines shall not be installed directly over each other.
G. Insolvent welding, use only the specified primer and solvent cement and make
all joints in strict accordance with the manufacturer's recommended methods
including wiping all excess solvent from each weld. Allow solvent welds at least
15 minutes setup time before moving or handling and 24 hours curing time
before filling.
H. PVC pipe shall be installed in a manner, which will provide for expansion and
contraction as recommended by the pipe manufacturer.
Centerload all plastic pipe prior to pressure testing.
SECTION 02810 - IRRIGATION -12
SUPPLEMENTARY SPECIAL PROVISIONS
J. All threaded plastic -to- plastic connections shall be assembled using Teflon tape
or Teflon paste.
K. For plastic -to -metal connections, work the metal connections first. Use a non -
hardening pipe dope an all threaded plastic -to -metal connections, except where
noted otherwise. All plastic -to -metal connections shall be made with plastic
female adapters.
3.05 Control Wiring
A. Low voltage control wiring shall occupy the same trench and shall be installed
along the same route as the pressure supply lines whenever possible.
B. Where more than one wire is placed in a trench, the wiring shall be taped
together in a bundle at intervals of 10 feet. Bundle shall be secured to the
mainline with tape at intervals of 20 feet.
C. All connections shall be of an approved type and shall occur in a valve box.
Provide an 18 inch service loop at each connection.
D. An expansion loop of 12 inches shall be provided at each wire connection and/or
directional change, and one of 24 inches shall be provided at each remote
control valve.
E. A continuous run of wire shall be used between a controller and each remote
control valve. Under no circumstances shall splices be used without prior
approval.
3.06 Valves
A. Automatic control valves, quick coupler, and gate valves shall be installed in the
approximate locations indicated on the Drawings.
B. Valve shall be installed in shrub areas whenever possible.
C. Install all valves as indicated in the detail Drawings.
D. Valves to be installed in valve boxes shall be installed one valve per box.
3.07 Valve Boxes
A. Valve boxes shall be installed in shrub areas whenever possible.
SECTION 02810 - IRRIGATION -13
SUPPLEMENTARY SPECIAL PROVISIONS
B. Each valve box shall be installed on a foundation of 3/4 inch gravel backfill, 3
cubic feet minimum. Valve boxes shall be installed with their tops 1/2 inch
above the surface of surrounding finish grade in lawn areas and 2 inches above
finish grade in ground cover areas.
3.08 Irrigation Heads
A. Irrigation heads shall be installed as indicated on the Drawings.
B. Spacing of heads shall not exceed maximum indicated on the Drawings.
C. Riser nipples shall be of the same size as the riser opening in the sprinkler body.
3.09 Miscellaneous Equipment
A. Install all assemblies specified herein according to the respective detail
Drawings or Specifications, using best standard practices.
B. Quick coupler valves shall be set approximately 12 inches from walks, curbs,
header boards, or paved areas where applicable.
3.10 Flushing the System
A. Prior to installation of irrigation heads, the valves shall be opened and a full
head of water used to flush out the lines and risers.
B. Irrigation heads shall be installed after flushing the system has been completed.
3.11 Adjusting the System
A. Adjust valves, align heads, and check the coverage of each system prior to
coverage test.
B. If it is determined by the Engineer that additional adjustments or nozzle changes
will be required to provide proper coverage, make all necessary changes or
adjustments prior to any planting.
C. The entire system shall be operating properly before any planting operations
commence.
D. Automatic control valves shall be adjusted so that the irrigation heads and drip
tubing operate at the pressure recommended by the manufacturer.
SECTION 02810 - IRRIGATION -14
SUPPLEMENTARY SPECIAL PROVISIONS
3.12 Testing and Observation
A. Do not allow or cause any of the work of this Section to be covered up or
enclosed until it has been observed, tested and accepted by the Engineer.
B. Notify the Engineer a minimum of 48 hours in. advance where and when the
work is ready for testing.
C. When the sprinkler system is completed, perform a coverage test of each
system in its entirety to determine if the water coverage for the planted areas is
complete and adequate in the presence of the Engineer.
D. Furnish all materials and perform all work required to correct any inadequacies
of coverage due to deviations from the Plans, or where the system has been
willfully installed as indicated on the Drawings when it is obviously inadequate,
without bringing this to the attention of the Engineer. This test shall be accepted
by the Engineer and accomplished before starting any planting.
E. Final inspection will not commence without record Drawings as prepared by the
Contractor.
3.13 Maintenance
During the maintenance period adjust and maintain the irrigation system in a fully
operational condition providing complete irrigation coverage to all intended
plantings.
3.14 Completion Cleaning
Clean -up shall be made as each portion of the work progresses. Refuse and
excess dirt shall be removed from the site, all walks and paving shall be
broomed, and any damage sustained on the work of others shall be repaired to
original conditions.
END OF SECTION
SECTION 02810- IRRIGATION -15
SUPPLEMENTARY SPECIAL PROVISIONS
SECTION 02900 - LANDSCAPING
PART 1: GENERAL
1.01 DESCRIPTION
A. The general requirements apply to all Landscaping work operations.
Provide labor, materials, tools, transportation and all incidentals necessary
to perform work as indicated on the Plans and as herein specified.
B. Related Sections.
Section 2810: Irrigation
C. The Standard Specifications for Public Works Construction, "Greenbook ",
2003, is referenced as if herein contained and the Contractor shall keep a
copy at the project site. These Specifications shall supersede conflicts
with information given in the "Greenbook', unless otherwise determined by
the City.
1.02 QUALITY ASSURANCE
A. Comply with all applicable local, state, federal requirements regarding
materials, methods of work, and disposal of excess and waste materials.
B. Manufacturer's directions, specifications and detailed drawings will be
followed in all cases where articles used furnish directions covering points
not delineated on the Plans or Specifications.
C. The work included in this section will be done to the satisfaction of the City
and the decision by the City as to the true construction meaning of the
Plans and Specifications will be final.
D. All drop slips for landscape materials (including plants, fertilizers,
pesticides, seed mixes) shall be given to the Engineer.
1.03 AGRONOMIC SOILS TESTING
A. All soil samples shall be taken in the field by a qualified soil technician
from a testing agency registered by the State for agricultural evaluation.
B. Take two (2) samples of site soil at a depth of 6 to 12 inches, within
proposed planting area, after completion of grading and prior to weed
control and soil preparation. Sample areas shall be selected by the
Engineer.
SECTION 02900 - LANDSCAPING -1
SUPPLEMENTARY SPECIAL PROVISIONS
C. Request two (2) tests for fertility and suitability analysis with written
recommendations for soil amendment, fertilizer and chemical conditioners,
application rates for soil preparation, planting backfill mix and post -
maintenance fertilization programs. Soils report recommendations shall
take precedence over the amendment and fertilizer application rates
specified in this Section.
D. Testing laboratory shall be Soil and Plant Laboratory, Inc., 1594 N. Main,
Orange, CA 92667 (714) 282 -8777 or Wallace Labs, 365 Coral Circle, El
Segundo, CA 90245 (310) 615 -0116. Tests shall be paid for by the
Contractor.
E. Submit testing laboratory's interpretation, recommendations, and
comments to Engineer within 7 days after the completion of rough grading.
F. For bidding purposes, the Contractor shall provide the following soil
amendments for soil preparation and backfill mix.
1. Soil preparation per 1,000 s.f. of planting area:
a. 4 cubic yards Nitrolized Redwood Sawdust
b. 200 lbs. Gro Power
C. 20 lbs. Soil Sulphur
2. Backfill Mix:
a. 6 parts by volume on -site soil
b. 4 parts by volume Nitrolized Redwood Sawdust
C. 18 lb. Gro Power per cu. yd. of mix
d. 2 lbs. Iron Sulphate per cubic yard of mix
1.04 ENVIRONMENTAL REQUIREMENTS
A. Do not install landscape materials when ambient temperatures may drop
below 45 degrees F (12 degrees C) or above 95 degrees F (39 degrees
C).
B. Do not install landscape materials when wind velocity exceeds 30 mph (48
k/hr).
PART 2: PRODUCTS
2.01 REFERENCES
A. ANSI Z60.1 - Nursery Stock.
SECTION 02900 - LANDSCAPING -2
SUPPLEMENTARY SPECIAL PROVISIONS
B. California State Department of Agriculture - Regulations for nursery
inspections, rules, and grading.
2.02 TOPSOIL
Topsoil if required in planting areas shall be Class A Topsoil. Topsoil shall be as
specified in Section 212 -1.1.2 of the Standard Specifications for Public Works
Construction.
2.03 PLANT MATERIAL
A. Trees, shrubs, ground cover and vines shall be grown by an established
nursery having been in the business of growing trees, shrubs, ground
cover a minimum of five (5) years. At the option of the Engineer, plants
shall be inspected and tagged at the nursery prior to shipment to the
planting site.
Trees: All trees shall be of the specified container size and of the
species specified.
2. Shrubs: Shrubs shall be of the specified type and size, selected
from high quality, well- shaped nursery stock.
3. Flatted Plants: Ground cover plants and other flatted plants shall
be grown and remain in the flats until transplanted at the site. Soil
that does not crumble with sufficient moisture, normal spacing of
plants in the flat and well rooted plants shall be required to ensure
the minimum disturbance of the root system at time of
transplanting.
B. Plant names indicated or listed in the "Plant Legend" on the Plans,
conform to the approved names given in "An Annotated Checklist of
Woody Ornamental Plants in California, Oregon, and Washington, Manual
4091 ", published by the University of California (1979). Except for names
not covered therein, the established custom of the nursery shall be
followed.
C. Condition of plants shall be in accordance with the California State
Department of Agriculture's regulations for nursery inspections, rules, and
grading and shall be symmetrical, typical for variety and species, sound,
healthy, vigorous, free from plant disease, insect pests, or their eggs, and
shall have healthy normal root systems, well filling their containers, but not
to the point of being root bound.
D. Plants shall not be pruned prior to delivery, except as authorized by the
City. In no case shall trees be topped before delivery.
SECTION 02900 - LANDSCAPING -3
SUPPLEMENTARY SPECIAL PROVISIONS
E. The size of the plants shall correspond with that normally expected for
species and variety of commercially available nursery stock, or as
specified on the Plans. The minimum acceptable size of all plants,
measured before pruning with the branches in normal position, shall
conform with the measurements, if any, specified on the Plans. Plants
larger in size than specified may be used with the approval of the City, but
the use of larger plants will not serve as the basis for a change order.
F. All plant material shall be subject to the inspection and acceptance of the
City before planting. A representative number of plants as determined by
the City may be inspected for size and condition of root growth, insects,
injuries and defects. Plants not accepted are to be removed from the site
immediately and replaced with suitable plants. The City reserves the right
to reject entire lots of plants represented by defective samples.
2.04 FERTILIZERS, SOIL CONDITIONING MATERIALS AND WATER
A. General.
Fertilizing and soil conditioning materials shall comply with the
applicable requirements of the State Food and Agricultural Code.
All materials shall be packaged first grade, commercial quality
products identified as to source, type of material, weight, and
manufacturer's guaranteed analysis. Fertilizing and soil
conditioning material shall not contain toxic ingredients or fillers in
quantities harmful to human life, animals, or plants.
Furnish a Certificate of Compliance stating that the material
substantially meets the specifications.
Exact fertilizing and conditioning materials and the required
composition and quantities shall be determined by agronomic soils
test.
B. Commercial Fertilizer.
Commercial fertilizer shall be a palletized or granular product
having a chemical analysis as specified on the Plans or in the
Specifications. Commercial fertilizer shall be free- flowing material
delivered in unopened sacks. Material which becomes caked or
otherwise damaged shall not be used
2. Exact composition and type of fertilizer to be determined by the
agronomic soils test and will be supplied by the contractor at no
additional cost to the City.
SECTION 02900 - LANDSCAPING -4
C.
A
SUPPLEMENTARY SPECIAL PROVISIONS
Nitrogen Stabilized Organic Soil Amendment.
Organic soil amendment shall be redwood sawdust free of shavings or
particles of other woods such as fir or pine, supplied in bulk and .5%
nitrogen stabilized by standard techniques. An acceptable substitute is
nitrogen stabilized fir or cedar sawdust ground to 0 -1/4" particle size and
1.0% nitrogen stabilized.
Water.
Water shall be clean, fresh and free of substances or matter which
could inhibit vigorous growth of plants
2. Water shall be supplied at Contractor's sole expense at no
additional cost to City through the end of the maintenance period.
2.05 HERBICIDE
A. Non - selective herbicide for weed abatement shall be Round -Up, Rodeo or
approved equal.
B. Pre - emergent herbicide shall provide nine (9) month control. .
2.06 MULCH
A. Mulch shall be "Forest Floor" (0 -2 ")
Available from or equal to:
Aguinaga
7992 Irvine Boulevard
Irvine, CA 92618
(949) 786 -9558
B. The mulch shall consist of fibrous, woody bark mixture of varied particle
size with the following characteristics:
Percent Passing Sieve Size
90 -100 25.4 mm (1 ")
80 -100 12.7 mm (1/2 ")
20 -60 6.35 mm (1/4 ")
SECTION 02900 - LANDSCAPING -5
SUPPLEMENTARY SPECIAL PROVISIONS
C. Mulch shall be packaged in bales or bags unless the City approves a bulk
source in advance of delivery to the site of the work. The Contractor shall
submit one sample of three (3) different mulch materials.
D. The Engineer has the right to reject all samples and request additional
samples until a suitable mulch material is approved.
2.07 PRE - EMERGENCE WEED CONTROL
In areas of woody ornamental plants use Ronstar, Weedban, or approved
equal.
2.08 SAMPLES
A. Samples of products and materials shall be required by the City.
Submittals for inspection shall be stored on the site until furnishing of
material is complete.
B. Delivery of products and materials may begin upon acceptance of
samples or as directed by the City.
2.09 PLANT TABLETS
A. Plant tablets shall be Scotts Agriform, Growpower or approved equal, 20-
10-5 applied at the following rates:
Tablet
Size
21 Gram
5 Gram
Container
1 Gallon
5 Gallon
15 Gallon
24" Box
36" Box
Ground
Size
and
and
Cover
10" pots
Larger
Plants
Applicatio
1
3
8
20
One
1
n
Tablet per
Rates (No.
each foot
of Tablets )
of height
PART 3: EXECUTION
3.01 GENERAL
Earthwork and topsoil placement shall
spreading, densification, cultivation, ai
and conditioning.
include the preparation for and the
d raking of topsoil, including fertilization
SECTION 02900 - LANDSCAPING -6
SUPPLEMENTARY SPECIAL PROVISIONS
Unless otherwise provided, curbs, walks, irrigation systems, and
similar improvements required by the Plans or Specifications shall
be constructed following rough grading and before landscaping.
2. Planting holes and backfill shall be as herein specified.
3. Preliminary rough grading and related earthwork, prepare areas for
landscaping work to within one -tenth foot (0.1') of finish grade, or to
subgrade for Class "A" topsoil if required.
3.02 TOPSOIL PREPARATION AND CONDITIONING
A. General.
Planting areas shall be free of weeds and other extraneous
materials to a depth of twelve inches (12 ").
Soil shall not be worked when it is so wet or so dry as to cause
excessive compaction or the forming of hard clods or dust.
B. Fertilizing and Conditioning Procedures.
The planting area shall be brought to finish grade before spreading
the fertilizers or conditioning materials specified.
2. The Contractor, at no additional cost to the City, shall make one (1)
additional soils test per acre of all planting areas before and upon
completion of excavation, backfilling, and grading to determine
compliance with fertilizing and conditioning. The Contractor shall
coordinate soil testing with the City.
3. Fertilizing and conditioning materials shall be mechanically spread
at a uniform rate. The quantities of materials necessary for the
planting area shall be at the site and shall be verified by delivery
tickets furnished to the Engineer before spreading.
4. After spreading, the fertilizing and conditioning materials shall be
uniformly cultivated into the upper six inches (6 ") of soil by suitable
equipment, rototiller or equal, operated in at least two directions
approximately at right angles. The resulting soil shall be a friable
condition.
5. Fertilizer and soil amendment guidelines under agronomic soils
testing shall be used for bidding purposes for planting areas,
however, the Contractor shall amend it as necessary per the soils
test report at no additional cost to the City.
SECTION 02900 - LANDSCAPING -7
SUPPLEMENTARY SPECIAL PROVISIONS
3.03 FINISH GRADING
A. After fertilizing and conditioning, the soil shall be watered and allowed to
settle to provide a stable surface, not overly densified to the extent that it
will prevent aeration and water infiltration. After the soil has dried out to a
workable condition, the planting areas shall be regraded, raked, and
smoothed to the required grades and contours. Finish surfaces shall be
clean and suitable for planting.
B. The finish grade shall be smooth, uniform, and free of abrupt grade
changes and depressions to ensure surface drainage.
C. The finish grade below adjacent paving, curbs, or headers shall be one
inch (1 ") in lawn areas and two inches (2 ") in shrub or ground cover areas.
3.04 PLANTING GENERAL
A. All sprinkler /irrigation work shall be inspected and accepted by the City,
prior to start of any work of this subsection.
B. Location of utility, structures and lines.
Prior to excavation for planting or placing of stakes, locate all
utilities, electric cables, conduits, irrigation lines, heads, valves and
valve control wires, and all utility lines so that proper precautions
may be taken not to damage such improvements.
2. In the event of a conflict between utilities and plant locations,
promptly notify the Engineer who will arrange for one or the other to
be relocated. If contractor fails to follow this procedure it shall
repair all damages resulting from the work at contractor's sole
expense.
C. All plants will be inspected by the Engineer prior to planting, including
plants previously approved at the nursery. The Contractor shall be
responsible for the condition of all plants, planted or otherwise, until
acceptance.
D. Quantities.
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 Plans.
SECTION 02900 - LANDSCAPING -8
SUPPLEMENTARY SPECIAL PROVISIONS
2. Verify all sizes and quantities on the Plans. Promptly report any
discrepancy to the Engineer.
E. Substitution.
Any plant material or any development materials specified by trade
name or equal, shall be according to these Plans and
Specifications.
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 must be accompanied by
written proof of non - availability within a five hundred mile radius of
the project site for material originally specified and proof that
material was ordered in a timely manner upon award of contract.
F. Protection and Storage.
Regularly water all nursery stock in containers and place them in a
cool area protected from sun and drying winds.
2. Do not allow plants to dry out before or while being planted. Keep
exposed roots moist by means of wet sawdust, peat moss or burlap
at all times during planting operations. Do not expose roots to the
air except while being placed in the ground. Wilted or diseased
plants, whether in place or not, will not be accepted and shall be
replaced at the Contractor's sole expense.
G. Moisten prepared surface immediately prior to installing plant material.
H. Install plant material immediately after delivery to site, within 24 hours
after harvesting to prevent deterioration.
Water landscaped areas immediately after installation.
Layout and Plant Location.
Planting areas, borders and boundaries, will be surveyed and
staked by the Contractor and approved by the Engineer.
2. Detailed layout within the planting areas shall be performed by the
Contractor and approved by the Engineer prior to planting.
SECTION 02900 - LANDSCAPING -9
SUPPLEMENTARY SPECIAL PROVISIONS
3. Locate first row of plants in areas designated for center to center
spacing of plants shall be located at one -half of designated spacing
from the edge of the area.
3.05 TREE AND SHRUB PLANTING
A. Planting Holes. Planting holes shall be approximately square for container
grown plants. The holes shall be twice the width of the plant container or
ball, unless otherwise shown on the Plans. The holes shall be one -and-
half times the depth of the root ball, or as shown on the Plans. The hole
shall be larger, if necessary, to permit handling and planting without injury
or breakage of the root ball or root system. Any plant having a broken or
cracked root ball before or during planting shall not be planted.
B. Underground Obstructions. In the event that underground construction
work or obstructions are encountered in the planting operation, alternate
locations for plant material will be selected by the City. Operation shall be
done at no extra cost to the City.
C. Planting Procedures.
The following material shall be thoroughly blended and used as a
backfill mix.
6 parts by volume on -site soil
4 parts by volume Nitrogen Stabilized Organic Amendment
1 lbs. 16 -20 -0 per cubic yard of mix
2 lbs. Iron Sulfate per cubic yard of mix
The actual material and amounts, as determined by the agronomic
soils test, shall be supplied by the Contractor at no additional cost
to the City.
No mixing for individual planting holes is permitted. Mix planting
soil prior to backfilling and stockpile at the site. Iron sulfate shall
not contact cement surfaces because severe staining could occur;
repair or replace stained cement at Contractor's sole cost.
Remove all plants from their containers and set so that, when
settled, they bear the same relation to the required grade as they
bore to the natural grade before being transplanted. Plant each
plant in the center of the pit and backfill with prepared soil.
Compact the backfill mix around the ball or roots. Do not use soil in
muddy condition for backfilling. Do not fill around trunks or stems.
Cut off all broken or frayed roots.
SECTION 02900 - LANDSCAPING -10
SUPPLEMENTARY SPECIAL PROVISIONS
3. Thoroughly water each plant when the hole is one -half filled.
4. After watering, backfill the remainder of the hole and 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.
5. After backfilling, a basin shall be constructed around each plant.
Each basin shall be of a depth sufficient to hold at least six inches
(6 ") of water. Basins shall be the same size as the container size of
each individual plant. The the basins shall be constructed of
amended backfill material.
6. Set the plant tablets to be used with each plant on the top of the
root ball so the required number of tablets to be used in each hole
can be easily verified. Bury tablets upon approval by the Engineer.
7. Immediately after planting, apply water to each tree and shrub by
means of a hose. Apply water in a moderate stream in the planting
hole until the material about the roots is completely saturated from
the bottom of the hole to the top of the ground.
8. Apply water in sufficient quantities and as often as seasonal
conditions require to keep the planted areas moist at all times, well
below the root system of grass and plants.
9. Basins around shrubs and trees in slopes shall be permanently
maintained.
D. Pruning. Pruning shall be limited to the minimum necessary to remove
injured twigs and branches, and to compensate for loss of roots during
transplanting, but never to exceed one -third of the branching structure.
Upon approval of the Engineer, pruning may be done before delivery of
plants, but not before plants have been inspected and approved.
E. Guying. All trees shall be guyed per the planting details on the Plans.
Guying shall be done immediately after planting. Three (3) guys per plant
shall be installed in accordance with the following:
Each guy shall be secured to the appropriate main branch by a
twisted loop of No. 12 BWG galvanized iron wire housed in
approved flexible rubber tubing.
2. Each guy shall be anchored to a driven stake located at a
horizontal distance from the tree equal to the vertical distance from
ground to the connection of guy wire on the tree branch.
SECTION 02900 - LANDSCAPING -11
SUPPLEMENTARY SPECIAL PROVISIONS
3. Each guy shall be covered with highly visible white tubing from the
ground to the turnbuckle location.
4. Slack in each guy shall be removed by turnbuckles so as not to
bend or twist the plant.
3.06 GROUND COVER PLANTING
A. Soil preparation and fine grading shall be completed prior to ground cover
planting.
B. Ground cover shall be planted in moist soil and spaced as indicated on the
Plans.
C. Each plant shall be planted with its proportionate amount of flat soil to
minimize root disturbance. Soil moisture shall be such that the soil does
not crumble when removing plants.
D. Following planting, ground cover areas shall be regraded to restore
smooth finish grade and to ensure proper surface drainage. Mulch shall
be spread over the planted areas. Watering shall begin immediately
following mulching.
E. When necessary to prevent plant damage from pedestrian traffic during
the initial growing stage, erect temporary protective fencing to be removed
at the end of the maintenance period.
3.07 MULCHING
Mulch trees, shrubs and ground cover areas after planting with two inches
(2 ") of mulch..
3.08 MAINTENANCE AND PLANT ESTABLISHMENT
A. Maintenance period will be a minimum of ninety (90) days after "Date of
Acceptance of Installation" of all planting areas. Request in writing from
the Engineer notification of the date of the start of the maintenance period.
At the acceptance of all planting areas, request in writing from the
Engineer notification of the date of the completion of the maintenance
period. The maintenance period shall not officially begin or end without
written notification from the Engineer.
B. Construction fencing shall remain until after the maintenance period is
complete or as directed by the Engineer.
SECTION 02900 - LANDSCAPING -12
SUPPLEMENTARY SPECIAL PROVISIONS
C. Maintain all planted areas on a continuous basis as they are completed
during the progress of the work and during the establishment and
maintenance period, and shall continue to maintain them until final
acceptance in accordance with the following.
Water, weed, fertilize, prune, spray and apply topdressing as
necessary to promote a healthy growing condition. All planted
areas shall be kept free of debris and shall be weeded and
cultivated at intervals not to exceed ten (10) days. Keep project
neat and attractive throughout the maintenance period.
2. Apply herbicides for weed control, as needed or directed by City, in
accordance with manufacturers instructions and applicable laws
and regulations. Pre - emergent herbicide shall be required in all
planter, shrub and ground cover areas. Remedy damage resulting
from the use of herbicides.
3. Exterminate rodents and insects as required and in accordance
with applicable laws and regulations. Remedy damage from use of
insecticides.
4. Adjust the irrigation system to sufficiently saturate root zone without.
rotting trees, shrubs, and ground cover.
5. Repair or replace any damaged item caused by vehicles, vandals,
bicycles, or foot traffic during the maintenance period.
6. Fertilize with "Gro-Power Plus" at 30 lbs. /1,000 s.f. every thirty (30)
calendar days (twice during the maintenance period), or as
indicated by the agronomic soils test. Apply "Gro-Power Controlled
Release Nitrogen" five (5) calendar days before the end of the
maintenance period, or as indicated by the agronomic soils test.
The Contractor shall adhere to fertilization requirements of the soils
tests at no additional cost.
D. Maintenance period shall be extended if plant material is not in a healthy
growing condition. When all maintenance work has.been completed to the
satisfaction of Engineer, the Engineer will issue to the Contractor a written
notice of completion of maintenance.
3.09 INSPECTION
A. All inspections herein specified shall be made by the City. Request
inspection at least forty-eight (48) hours in advance of the time the
inspection is required. Requested inspections, subsequently canceled
without twenty-four (24) hours notice, will be billed to the Contractor.
SECTION 02900 - LANDSCAPING -13
SUPPLEMENTARY SPECIAL PROVISIONS
B. Inspection is required for, and not necessarily limited to, the following
parts of the work.
1. At completion of the incorporation of soil amendments and fine
grading.
2. Prior to digging plant pits for trees and shrubs.
3. During backfilling of plant pits with amended backfill.
4. Final inspection at the end of the maintenance period.
END OF SECTION
SECTION 02900 - LANDSCAPING -14
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
Lellani I. Brown, MMC
December 14, 2009
Ms. Jan Struiksma
Belaire -West Landscaping
P.O. Box 6270
Buena Park, CA 90622
Subject: Newport Shores Street End Improvements - Phase 2 (C -3805)
To Whom It May Concern:
On November 13, 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
November 20, 2007, Reference No. 2007000692362. The Surety for the contract is
Arch Insurance Company, and the bond number is SU 502 3303. Unfortunately,
my office just discovered that the bonds were not released at the appropriate
time. I have enclosed the Faithful Performance Bond, and apologize for the
delay.
Sincerel ,
�
' X. Q
Leilani I. Brown, MMC
City Clerk
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- bearh.ca.us
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
IaVonne M. Harkless. MMC
December 26, 2007
Belaire -West Landscaping, Inc.
P.O. Box 6270
Buena Park, CA 90622
Subject: Newport Shores Street End Improvements - Phase 2 (C -3805)
To Whom It May Concern:
On November 13, 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
November 20, 2007, Reference No. 2007000692362. The Surety for the contract is
Arch Insurance Company, and the bond number is SU 502 3303. Enclosed is the
Labor & Materials Payment Bond.
Sincerely,
e�
LaVonne M. Harkless, MMC
City Clerk
cc: Public Works Department
encl.
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915
Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us
EXECUTED IN FOUR COUNTERPARTS
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NEWPORT SHORES STREET END IMPROVEMENTS - PHASE 11
CONTRACT NO. 3805
BOND NO, SU 502 3303
PREMIUM INCLUDED IN PERFORMANCE BOND
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach. State of California, by motion
adopted, has awarded to BELAIRE -WEST LANDSCAPING, INC., hereinafter designated as the
"Principal," a contract for construction of NEWPORT SHORES STREET END IMPROVEMENTS -
PHASE 11, Contract No. 3805 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. 3805 and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon.
for, or about the performance of the work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We the undersigned Principal, and,
ARCH INSURANCE COMPANY duly authorized to transact
business under the laws of the State of California, as Surely, (referred to herein as "Surety") are
held firmly bound unto the City of Newport Beach, in the sum of FORTY -SIX THOUSAND, ONE
HUNDRED NINETY -THREE AND 001100 DOLLARS ($46,193.00) 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 weft and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California
26
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 Surely, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this Bond. and it does hereby waive notice of any such change, extension of time, alterations or
additions to the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surely from its obligations
under this Bond
IN WITNESS WHEREOF this instrument has been duly executed by the above named
Principal and Surety, on the 318T day of MAY 2007
BELAIRE -WEST LANDSCAPING, INC
(Principal)
ARCH INSURANCE COMPANY
Name of Surety
135 N. LOS ROBLES AVE 9825
PASADENA, CA 91101
Address of Surety
(626).639-5200
Telephone
s
A rized Signature/Title ji, ---ne Nr
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Authorized Agent Signature
PAMELA MCCARTHY, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
27
Y
ALL - PURPOSE ACKNOWLEDGEMENT
State of
ss.
County of , wof
On 6-7-0-7 before me, k-eryL E7Y -Oer)
(Date) (Notary) a
personally appeared , C\-V1 �cYea t 1L �M�
Signer(s)
personally known to me or ❑ or proved to me on the basis of satisfactory evidence) to
be the person(sywhose name* is /are subscribed to the
within instrument and acknowledged to me that
4akhe/the7 executed the same in Wsiber /tgeir authorized
f........ ibE kA- capaciry(klS and that by kis/her /their signature(& on
2 COMM 81665200 the instrument the person(&); or the entity upon behalf of
OPANWCOUNN which the person(s)-acted, executed the instrument.
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WITNESS my h d and official seal.
Sump clear impression of notary seal above. ---- --
Notary's signature
OPTIONAL INFORMATION
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
[3— orporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
o- Other A 111 L
DESCRIPTION OF THE ATTACHED
Title of Document
Number of Pages
Document Date
3xgs�- & fir 0�
Other Infordation
' CAPA v1030.00 %sx .nerarvelatses.com 800473 -9863 1
State of California
SS.
County of San Bernardino
On MAY 31, 2007 before me,
to g. -Jane Doe. Notary
Personally appeared Pamela McCarthy
Name(S) of Signegy)
3 personally known to me
WITNESS my hand and official seal.
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signaWre d HMry 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
O Individual
O Corporate Officer
Title
O Partner — O Limited O General
x Attomey -in -Fact
O Trustee
O Guardian or Conservator
O Other.
Signer is Representing:
Number of Pages:
Top of IhuM here
Fl. proved to me on the basis of satisfactory evidence
to be the persoWwhose name(4fffis /are subscribed to the
within instrument and acknowledged to me that perlshe /t):W9
Com 7N;0L"Pub4c #-i
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executed the same in.blis/her/tbeir a uthorized capacity(iesg),
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and that by 4is /her /their signature(aJon the instrument the
personjs}, or the entity upon behalf of which the persona
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acted, executed the instrument.
WITNESS my hand and official seal.
-rr«
�K1���
signaWre d HMry 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
O Individual
O Corporate Officer
Title
O Partner — O Limited O General
x Attomey -in -Fact
O Trustee
O Guardian or Conservator
O Other.
Signer is Representing:
Number of Pages:
Top of IhuM here
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
Pamela McCarthy, Jay P. Freeman, Susan C. Monteon 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, MlssP.tta.,,r;;
.ors
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, obilgatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOMLOO13 00 03 03
Page 1 of 2 Printed in U.S.A.
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 5th day of January , 2007
Arch Insurance Company
Attested and Certified
y�once C
c e
canoei.n a�
Martin J. Nilse ecretary
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
Edward M. Ti us ice President
I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary 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 voluntary act aid corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J. CALLED, E60.
Notary Public. State of Now York
No. in Now o York c Pe r J. Nota Ublic
Qr':Iffled in New York County
Commission Expires May 3, 2008 My commissto expires 5-03 -2008
CERTIFICATION
I, Martin J. Nilsen. Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
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 Attomey the duty elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corpora of the Arch Insurance
Company on this 31ST day Of MAY 20_a7__. A t¢
.r
Martin J. Nils , Secretary
This Power of Attomey 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
OOMLOO13 00 03 03
Page 2 of 2
�or'nOp C
0
Ifnrrd
Printed in U.S.A.
• • )Ms
Recorded in Official Records, Orange County
RECORDING REQUESTED BY AND Tom Daly, clerk- Recorder
WHEN RECORDED RETURN TO: MM�IMMI�INII� NO FEE
City clerk 200700069236211:21am 11/20107
City of Newport Beach 0.0 o o20. N12 1
.o.00 0.00 0.00 0.00 0.00 0.00 0.00
3300 Newport Boulevard
Newport Beach, CA 92663
"Exempt from recording fees
pursuant to Government Code Section 27383"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and Belaire -West Landscape Inc. of Buena
Park, California, as Contractor, entered into a Contract on June 12, 2007. Said Contract
set forth certain improvements, as follows:
Newport Shores Street End Improvements — Phase 2 (C -3805)
Work on said Contract was completed, and was found to be acceptable on
November 13. 2007, by the City Council. Title to said property is vested in the Owner,
and the Surety for said Contract is Arch Insurance Company.
Director
,rt Beach
VERIFICATION
certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on �aa zr� /3. W07 , at Newport Beach, California.
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City Clerk
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•
November 14. 2007
Orange County Recorder
P. O. Box 238
Santa Ana, CA 92702
•
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, MMC
RE: Notice of Completion for Newport Shores Street End Improvements —
Phase 2 (C -3805)
Please record the enclosed document and return it to the City Clerk's Office.
Thank you.
Sincerely,
LaVonne M. Harkless, MMC
City Clerk
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.caus
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• •
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
"Exempt from recording fees
pursuant to Government Code Section 27383°
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and Belaire -West Landscape Inc. of Buena
Park, California, as Contractor, entered into a Contract on June 12, 2007. Said Contract
set forth certain improvements, as follows:
Newport Shores Street End Improvements — Phase 2 (C -3805)
Work on said Contract was completed, and was found to be acceptable on
November 13. 2007, by the City Council. Title to said property is vested in the Owner,
and the Surety for said Contract is Arch Insurance Company.
Director
rt Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on `1a1,>✓rAhe,,- /3. a00-7 , at Newport Beach, California.
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
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(38 f 160-zoc),
Agenda Item No. 9
November 13, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Andy Tran
949 -644 -3315 or atran @city.newport- beach.ca.us
SUBJECT: NEWPORT SHORES STREET END IMPROVEMENTS — PHASE 2 —
COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3805
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the Labor and Materials bond 35 days after
the Notice of Completion has been recorded in accordance with applicable
portions of the Civil Code.
4. Release the Faithful Performance Bond 1 year after Council acceptance.
DISCUSSION:
On March 23, 2004 the City Council approved a Landscape Maintenance Agreement
with the Newport Shores Community Association (NSCA) for improvements to a City
owned street end at the west end of Canal Circle. The property was unsightly and was
sparsely landscaped. In addition, illegal dumping was occurring on the property, further
creating the need for improvement. The improvements also included a small privately
owned median island located between Canal Circle and Canal Street. These Phase 1
improvements were completed by October 2006 and NSCA has been maintaining them
ever since. As part of this original agreement, the City was obligated to complete the
Phase 2 improvements on a similar street and between the property at 492 62nd Street
and the NSCA Clubhouse Facility.
In March 2006, the Phase 2 Landscape Maintenance Agreement was executed
between the City and NSCA to complete these improvements. Upon completion of the
improvements, the NSCA agreed to accept maintenance responsibility as they have for
the Phase 1 improvements.
Nevport& Street End Improvements - Phase 2 - ComplAnd Aoceptance of Contract No. 3805
November 13, 2007
Page 3
The construction portion of the project was completed prior to the original completion
date of August 24, 2007. The 90-day maintenance phase was successfully completed
by November 5, 2007 and NSCA assumed responsibility at that time.
Prepared by:
An an
Sent r Civil Engineer
Submitted by:
Badum
s Director