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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 • • Z U W • m � Q CL {L 00 IL N 30 2 Z 0: LL 0v U� IL • A S O ZW O ~ C Q a J ° ao j: m 0 E Q m m a m w k ri 0 U 7 M O_ Qd� O �Q 9 m o 0 o 0 0 0 o o o 0 o o o O o o o 0 0 0 0 0 0 0 0 0 o 0 o o 0 o o 0 o 0 o 0 o 0 ,Zoo p 0 O O O N O O O N O VV eD n ONO 0 O A� y a m V W <O M N N tD M r 0 NM V Mf9 ( NMdiCq Cq ����� A c 0 Q gin M AN i m IL O S 00 O O O O O O O O O N N O 0 0 0 t 1- O OOO O O O N O O G O O O N a 0 pp pp C V 0 0 0 cc Z O O Ndi Of9N M Od)O r���(9 N f9 d)f9p N 00 F ' O O O O O O O O S O O O O O O O O O O p O 0 O 0 O 0 O S S S O O S O S S W b N S S m n N p O � W nGA a dd �� eN- yM O�.1 N N V C12� C Vi di lA�d�� N Z po 0 o 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 '� S 0 0 p 0 uoi o 0 0 0 0 o ��0 N o 0 O 0 S 0 S M N N d)d)dap W o W— ep co V C W aOrA A A N A � NNAOA O O O N m W O d' 0 ANOO 0 0 0 ro W Map OD O vl dzw a w W �} a N a0 M m O N m Ol M N N m W M w m M C st m W r N N N A M ss�� Op = O O m N 8 U 0 NfA�N di !p dl �O{yy C9 pOppD O M N m�tWtVV t9 �di diW di di f9 Md! d) f9 W J w d W N r A A A N N N m G A M M N N W d' N M N N A V M No N S n Op CNO . � o CAD y OO S S 0 ul � di , w W N Ci C F O O O O O C C O O O O O O O O O o O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O O p y Z � O O O O op M O p S O A leg O N O W O O O O O O O CO O O N u 7 �y C p t V O pp pp O S G 0 O 0 G 0 p j W m d3 d)d3�NM H{� N ���'M Hf9 fA f9��� pUO�d)d3 C� OO�IYf 00 N N WM Hd9S S SS Q dIZ �Ad)S.W a1 O O O O O p O 0 0 0 0 0 0 0 p O p 0 0 O «Z 000000 CC O O p N O N A OOd) a7 O A O W"W S N N a N 000 p p G G N� ` Of O h "3u,eMaAdswu,v�:n�`di"di�wui�w� O O N m DD CA N Cl N YngFi�vs� a w 0000000 O O O O N S OO S O A N 0000 COJ O O O A • C N W o O O c O N c d' dlO o O w r di 0 O tD 0 rA 0 tON 0^ OM o n n o o0 0 0O W W O N d) �- di C6 Pl 1(j f9 f9 di 19 f9 fh di tD dT LL) d) W d! f9 f9 V1NNY J J J U W J LLy d1 d1 cow W W J } f- J W UWI 1lW1 111111 wW W fUJ Q.- N •- �- pp N M V y M N VpA. N 3 N Y W � m C W W a W W W n � W O d) C7 C w N .- W m C p E m LL EDP m 212 N 0 y e�oW en 888 °'om `� %°° x 0 a ga S2m�� t° =0 0o�. ii (U `mm mm�ro v(�C v�vLiCiO0 71a 40 M � N M O N N n Cp W O � N M' N fm A W W 0 E Q m m a m w k ri 0 U 7 M O_ Qd� O �Q 9 m 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 T � C 9'� " �V`r \" Signer(s) 1 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 RENAE OROEN the instrument the person , -Tr the entity upon behalf of COMM # 1886YOtl M ORRANGE<b TY MH O t � 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) _1— Number of Pages ❑ Partner(s) 6 -C-1 ) -(Z-)-?Z- ❑ Attorney -in -Fact Document Date ❑ Trustee(s) e1b, 4 CHAD eP� ! 8� Other er Information e j CAPA v10.30.04 a .aotaryclasses.com 800- 873 -9865 - 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 �wsance c 0 �knrd Printed in U.S.A. N w O N cl 0.. m W @ n c c a 7+ C 10 O. O U V C R 3 N G t L c� w9 s� v�o 8rb gC s vE 4'oIn A V e m El Vi U c' o m; ? W 5i bbtl N � N O N a�3 °o a b � @ O N @^ aZ C y a O c m OZ P d Q b R b d Qi III 71 b 0 P N W L N � mam o wawa U Cb n0 P C O'L m y. 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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 tbmmhrlkn 5.�� WITNESS my hand and official seal. A4�zz & 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 y «.m� IS e wu ioai.',.�..K 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 71v0 within instrument and acknowledged to me that p�lshe /t� ary r�tl�io #coro 70 executed the same in bis /her /tbeir authorized capacity(iesl, ion Bernoralno county y and that by bie /her/tt & signature(4on the instrument the CCmm, Expires Jul 20, 2009 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 LIR fN9lp TYPED BER0.NEE POLCY NUM$ER POOASZ (IVIWDEO G TNE OAI T H Y XPI LOWIT9 G I EAALLIABA.7f GOMMERCIAI GENB LIABILrrY CtAmskwr "OCCUR E0.CF{ ON ���5 P anm AABp E%P 4 t B r uv 1 ep (T a _ I s GHii.Md',REGAI'EiAAOAPPIRSPE3i r L e * Loo PRODUM- OMWOPAGO B X Momm'r UA" ANYAUTO 1 � I AIL OWNED AJTW SO4GOULED AVTOS HIRGO AV'IflP NON•vAR7E0; iVT03 05S 6526— C06 -15c 03/06/2007 00/06'12008 6OMBINEO SIN3LE LIMIT (EeacelaelLT A 1,000,000 X BODILY INJURY O'er wnM1 BODILY INJURY IParaeelvara) ° X PROPQRTY B a4artf) y i GANAM LfADUTY ANY AV O - ACrMrRT 9 OTHER THAN EAACC AUTO ONLI^, AUG A I DXDEBSAIMBREI.L14U OCCUR i CWIMS MADE 1 DEAVCTre1.$ . RETENTION; n EY+OH OCCURREN P A00 8 9 4 R PoOIMEAS C-0MPPEN{50.TION AND !M%.pYERS LItWILITY AN'r FROPAIE IVHAIAN I kuHIEXEDUTNE OFFICeR/MEMB6R EXCLUDED? ggy�@g ISM L4At PRD Wd06tX8tAm 1� �13D (NSERAMD C �^�Or:I�B_1A1,,I,^id(nQ�AB�$ i1LiLMAA1 W19� ��• A A lil ,S{II��D� WC OTAIU• LiM1IPB OTH Eg. . B E.L DAGH AT! E'F P DL5FI�S &• O E S P OTHER 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 3C "v mwpC`RT UL 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. SP5OF13 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. SP9OF13 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 /)Ic"C &:1'4 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. * rx * ' woes a. 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. -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 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 # 1691070 executed the same in.blis/her/tbeir a uthorized capacity(iesg), . Ca4forrilO no covey and that by 4is /her /their signature(aJon the instrument the personjs}, or the entity upon behalf of which the persona '.ertJdpp,ygap 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. ': ►Z� City Clerk Y w • 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 w • • 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. p'01! 1 1� [Atli �Ji 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT L -�6v.7 (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