Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-3867 - Coast Highway Median Improvements - Phase 1-B
Washington, Lillian From: Harp, Aaron Sent: Monday, December 01, 2008 10:07 AM To: Washington, Lillian; Pollard, Jamie Subject: RE: Attached Image • If we released the payment bond already as indicated, we can go ahead and release the performance bond. We shouldn't have any liability here based on the payment of the retention before the stop notice was received. We should probably however come up with a policy for keeping payment bonds and not releasing them for a longer period of time after the job is done. From: Washington, Lillian Sent: Wednesday, November 26, 2008 4:31 PM To: Pollard, Jamie Cc: Harp, Aaron Subject: FW: Attached Image Please see the attached stop notice for C -3867, we released the labor and materials bond already. It is time for the faithful performance bond to be released. Please advise. Thanks - - ......... ..... ... _...- - -- -... From: CtyCL-rk@city.newport-beach.ca.us [ mailto: CityClerk @city.newport- beach.ca.us] Sent: Wednesday, November 26, 2008 4:25 PM To: Washington, Lillian Subject: Attached Image 1 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani t. Brown, MMC November 27, 2008 Mega Way Enterprises 1092 S. Reservoir Pomona, CA 91766 Subject: Coast Highway Medians - Phase 1 -B (C -3867) To Whom It May Concern: On November 27, 2007, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on January 8, 2008. The Surety for the contract is North American Specialty Insurance Company and the bond number is 2065149. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk enclosure 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us PRE IIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE ERECDTED IN 4 ORIGINALS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY MEDIANS —PHASE 1 -B CONTRACT NO. 3867 BOND NO. 2065149 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3654.00 being at the rate of $ 14.40 Per thousand of the Contract price_ WHEREAS, the City CouncO of the City of Newport Beach, State of California, by motion adopted, awarded to Mega Way Enterprises, hereinafter designated as the "Principal ", a contract for construction of COAST HIGHWAY MEDIANS — PHASE 1 -8, Contract No. 3867 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. 3867 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and North American Specialty insurance Comuan9 , duty authorized to transact business under the laws of the State of Califomia as Surety (hereinafter "Surely "), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Fifty Three Thousand Seven Hundred Forty and no/100 Dollars ($253,740.00) 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, executor; 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 0 0 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 Surety above named, on the 5th day of July Mega Way Enterprises Name of Contractor (Principal) North American Specialty Insurance Company Name of Surety 701 S. Parker St., #3800 Orange, CA 92868 Address of Surety 714 -550 -7799 Telephone By: executed �. uk'-' Agent Signature Principal and Vice Kasbar Les M. Mantle - Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED M 0 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On ` before me Mary Martignoni — Notary Public Dale Nan» ana Tilk of O1licer (e.g., -jam Doe. Nmary Publcj personally appeared Les M. Mantle r'laMUM d SiBMIN MARY MARTQIrONI rL �Oe /el #1438=2 Q .' CAtlf3R?Hp .�,NCYr crnxtnt '!� fAy Garm, lytp, Sept %91iW Upersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Pence Natmy sec Pbaae � " of Namry Pubes OPTIONAL Though the information below is not required by law, it may prove valuable to pins 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: Capacfty(ies) Claimed by Signer(s) Signer's Name: Les M. Mantle ❑ Individual • Corporate Officer — Tttle(s): • Partner — ❑Limited ❑General E Attorney in Fact Top NNIMM at ull,mb Wie ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: North American Specialty Insurance Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Titie(s): ❑ Panner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I 'i0.JY�dY�JCaJ d � "d Y•' "3 � '.9' 3".3C'.9 'aY ".•J �d 3<�d "�' +JiCa'K`" J3� drCd d �+YaJAd� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 9 Los Angeles I ss. County of ____ On 7/5/07 before me, Hector Zavala, Notary Public Dkie Namear lVe a Ofiwrfa.9. Jane Dw. Notary PWNic'1 personally appeared Sam Kasbar — kame(s) of S17eis1 X1 personalty known to me .-J proved to me on the basis of satisfactory evidence to be the persan(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(fes), and that by histher/their signature(s) on the Instrument the person(s), or the entity upon behaft of which the person(s) acted, executed the instrument. WITNES hand and clot seal. PlacO Naary Sea Agave sx+om•a a Nanry Pam OP AL Though the rMOrmstion beow is not requmw by law, N may pm vakayge to Persons f" on ew doCUUment and cmW pravem fraudutem removaf and reattachment of IRS iorm ro ar4Ow document. Descrtptfort of Attmhed Document Title or Type of Document: _.__.._ . . Document Date: Signer(s) Ottier Than Named Above: Capacity(iss) Ctalimed by Stgner(s) Signer's Name: _ - -- - D Individual t; Corporate Officer — Weis): s Partner — E Limited i:s General CI Attorney in Fact Trustee C. Guardan or Conservator I 0 Other: — ._.._.__..-- Signer Is Representing: „__ _ Number of Pages: Signer's Name: __...- LI Individual i", Corporate Officer — MGM: — C.'. Partner — DUmied CI General I::. Attorney In Fact Trustee v Guardian or Conservator Other: _ Signer Is Representing Tc9 a t•rro '+we *¢ NMFW MM V Aawraoa 19$W r aeb M .1'O em 2 • C>t/a.1Fii,. CA 913432402 kern No. ] 7 F4 p CM TOFFS 1-00"7"W7 r # REICH, ADELL & CVITAN J. DAVID SACRMAN _ �• HiRSCH ADELL A PROFESSIONAL LAW CORPORATION -• -' ALEXANDER B CVITAN MARSHA M. HAMASAXI MARUINNE REINHCLD NEEIAM CHANDNA LAURENCE S. ZAKSON DEBRA S. GOLDBERG PETER HUTCHINSON 3550 WILSHIRE BOULEVARD, SUITE 2000 70 SEP 26 AM 9- 15 CARLOS R. PEREZ ANDREW BIRNBAUM LOS ANGELES, CALIFORNIA 90010 WILLIAM Y. SHEH TEL: (213) 386 -3860 • FAX: (213) 386 -5583 n - -1� .i , NATALIA BAUTISTA ESPERANZA V. CERVANTES WWW.fBC- IBW.COfO G^ OF COUNSEL _ - - I GEORGE A. PAPPY JULIUS MEL REICH I r,i� lvil ii STEVENT NUTTER (7933 -2000) September 24, 2008 City Clerk, LaVonne M. Harkless CITY OF NEWPORT BEACH P.O. 1768 Newport Beach, CA 92658 -8915 Re: Public Records Act Request Project: Coast Hwy Medians PHI -B, Contract #38679 Project #07763306 Dear Ms. Harkless: Pursuant to the California Public Records Act, and on behalf of the various employees of Mega Way Enterprises, we hereby request copies of the payment and performance bond in the above - referenced project. This office will pay for copy costs as specified in the Public Records Act. Also, I was directed by phone, to make any inquiry about this project in writing. I therefore request that you please confirm whether this project is ongoing or has been completed. If the project has been completed, I request a copy of the notice of completion that has been recorded. EC:md Thank you for your assistance to this request. of REICH, ADELL & CVITAN ®.q53Yi;._ (�n61o_Jw NOTICE TO: Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 ' City of Newport Beach ' i• (' (If Private Job - file with responsible officer or person at office or branch of construction lender administering the con- struction funds or with the owner - CIVIL CODE SECTIONS 3156 - 3175) (If Public Job - file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract - CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: Mega way Enterprises Sub Contractor: (If Any): Owner or Public Body: City of Newport Beach Improvement known as Coast Highway Medians Countyty of Orange ,Stale of California. Elite Bobcat Service, Inc. Claimant,a Corporation furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is Mega Way Enterprises The kind of labor, service, equipment, or materials furnished or agreed ed to be furnished by claimant was: Provided labor, material, concrete, asphalt;PCC Improvements;paving Total value of labor, service, equipment, or materials agreed to be furnished ............... S 11, 660.00 Total value of labor, service, equipment, or materials actually furnished is .................. $ 11, 660.00 Credit for materials returner!, if any ................................ ............................... $ o Amount paid on account, if an 10,494.00 Amount due after deducting all just credits and offsets ........... ............................... S 1,166.00 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 11166.00 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not attached. (Bond required with Stop Notice served on construction lender on private jobs -bond not required on public jobs or on Stop Notice served on owner on privatejobs). Date: August 11, 2006 Name of Claimant: Elit Bobcat Service, Inc. By. _ Tom E. Nanci VERIFICATION I, the undersigned, state: I am the Controller of the claimant named in the foregoing Stop Notice; I have read said claim of Slop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. rj �� p Executed on �1ugw S4 11, 200 Q , at Cor na , State of California. s REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this Stop Notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the addmss of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: d a E o m � � r _ W y c Z o rS�D ❑ �l F 01/23/2008 14:36 9512796832 Elite Bobcat Service, Inc_ 1320 E. Sixth St. Suite 100 Corona, CA 92879 EBS • PAGE 01/03 To: City of Newport Beach Fax: 949-644-3308 ol 7essica Navarro Dale: 1/2312008 To: City of Newport Beach Fax: 949-644-3308 From: 7essica Navarro Dale: 1/2312008 Re: Stop Notice Paw: '3 including cover sheet M a 0 a 0 a w bd isa notarized copy of the release of Bop Notice fit Way Enterprises *.U:Lave any questions or concerns don't hesitate to give me a call. You can ';4:.ftch me @ (951) 279-6869 ext. 105 or e-mail me @ jnavarro@ebs-jnc.us Thank YOU Jessica Navarro 01/23/2008 14:36 951279643 EBS Release of Stop Notice To: City of wewport Beach 0 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated z /10/08 in the amount ofS again,% City of Vewport Beach as owner or public body and— Hags way Enterprises 12, 32a. Do as prime contractor in connection with the work of improvement known as Coaat highway Median Improvementa PAGE 02/03 in the cif of Newport Beach Orange Y __. C ounty of..._. �.__..._.__ ,State of California. OS Jld /aI Dote: Name of Claimant: Elite Bobcat Service, Inc. By: LET �✓ President VERIFICATION 1, the undersigned, state; I am the._— President of the claimant named in the foregoing Release; 1 have read said Release of Stop Notice and know the contents thereof, and I certify that the sama is true of my own knowledge. I certify (or declare) under penalty of perjury under the taws of the State of California that the foregoingo is true and correct. Executed on 01 /14/08 _ at Corona State of California 01/23/2008 14:36 9512796832 0 EBS ACKNOWLEDGMENT • State of California County of S�Git° • - -� ss. On -QVI. 23 2CLO! wore, �S�a Notary Public, personally appeared 06 who proved to me on the basis of satisfactory evidence to be the person whose nam" '(sure subscribed to the , hin instrument and acknowledged to me that e he /they executed th same In(/her/their authorized capacity04, and that by I /her/their signatureaK on the instrument the person, or the entity upon behalf of which the personA acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. T. a COMM. •1588260 z Mobry PuWk • Califorrila Riverside County �, � f � Comm. 'res hn. 1 2903 Signature - - - --------------------- -------------------------------------- Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: ✓ Personally Known Paper identification Credible Witness(es) OPTIONAL INFORMATION 'ls Thumbprint of Signer Rele0.4; +koF S�Cx� ��iC�. FVV Capacity of Signer. Trustee Power of Attorney CEO 0 /COO Vice- President I Secretary I Treasurer Other. Other 0 Check here if no thumbpri$ or Iingerprint Is avaitaEle. ..Ij {:i A:A:B'u�- i:�:;x 4'n:nCitr3:r� il'': r4': %'•�;�::�. p.t5!'i w::n: ':'- 'F.i!d;.,pa ^,'�-0•v, ��,: PAGE 03103 10 ^° i ; c;; 3: c9 Release of Stop Notice 00PY City of Newport Beach You are hereby notified drat the undersigned claimant releases that certain Stop Notice dated 1/10/08 in the amount of S 12,320.00 against City of Newport Beach as owner or public body and Mega way Enterprises as prime contractor in connection with the work of improvement known as Coast Highway Median Improvements in the city Of Newport Beach , County of Orange State of California. Date: 01/14/08 No= of Claimant: Elite Bobcat S rvice, Inc. By: President VERIFICATION 1, the undersigned, state :I am the President of the claimant named in the foregoing Release; I have road said Release of Stop Nodce and know the contents thereof, and I certify that the same is true of my own knowledge. 1 certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 01/14/08 at Corona State Of California 15 FEME BOBCAT SERVICE, INC. 1320 E. Sixth St., Suite 100 Corona, Ca. 92879 Tel: (951) 279 -6869 — Fax: (951) 279 -6832 CONDITIONAL WAIVER & RELEASE UPON PROGRESS PAYMENT California Civil Code 3262 (d) (1) Upon receipt by the undersigned of a check from: MEGA WAY in the sum of $10,494.00 payable to: ELITE BOBCAT SERVICE, INC. and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of CITY OF NEWPORT BEACH Located at: COAST HIGHWAY MEDIAN - COASY HIGHWAY, NEWPORT BEACH to the following extent. This release covers a progress payment for labor, services, material or equipment furnished to: MEGA WAY ENTERPRISES through 1051/2007 only and does not cover any retentions retained before or after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonment, or breach of contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Dated: 1/1412008 ELITE BOBCAT SERVICE, INC. By: NOTE: THIS FORM OF RELEASE COMPLIES WITH THE REQUIREMENTS OF CIVIL CODE SECTION 3262 (d) (1). IT IS NOT EFFECTIVE UNTIL THE CHECK THAT CONSTITUTES THE PROGRESS PAYMENT HAS BEEN PROPERLY ENDORSED, AND HAS CLEARED THE BANK. 01/10/2008 11:13 9512796832 0 EBS ;I —`, j —T) Stop Notice .! 14 ;;i 4 07 CALIFORNIA CrM CODE SECTION 3103 N071CBTO' City of Newport Beach PAGE 02/02 pf Private lob - file with responsible o(Tcer or petser; st office or branch of eanstruoun lender odmiaismtiog the con - atrocnon funds or with the owner-CM CODE SECTIONS 3156 - 3175) U" (If Public lob - file with office of controller, auditor, or other pnbitc disbursing officer whose duty it is to make payments a�erprovisions of the comraci - C1VIL CODE SECTIONS 3379 - 3214) Pdrut Contractor Mega tray fiaterpriseo Sub Contractor: (If Any): Owner or Public Body. City of Newport Beach Improvement known as Coaat HIShwgy Met rmeroywne Counttyy of orange ,State of California. Elite Bobcat service, Inc' Claiment,a Corporation furniabud certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant ftmiishod labor, service, equipment, or materials isr Maga Nay Enterprises 'late kind of labor. Reuvice, nip rcm, or materials furnished or aged to be furnished claimant was: Provided labor, material, concrete, asphalt;FCC ImVrovemente;paving Total value of labor, service, equipment, or materials agreed to be! furnished............ ............... S 12.320.00 Total value of labor, service, equipment, of materials actually furnished is ............ ...... S 12, 320.20 Credit formateriois returned, if any ................................ ............................... S n Amount paid on account, if any. ..................................... — ............................ & 0 Amount due after deducting all just credits and oftsots ........... ............................... S 12, 320.00 YOU ARE tlFltk,BY NOTXFIEA to withhold sufficient manes held by you on the above described project to sadsf7 claimant's demand in the amouat of $ ia, 320.00 and in additian thereto sums sufficient to cover interest, clot costs and reasonable costs of litigation, es provided by law. A bond (CIVIL CODE SECTION 398 3) ie rot attached. (Bond required with Stop Notice servod ter construction lender on private jobs -bond ba requited on public jobs or on Stop Nairn served on owner on private jobs). Data 1/10108 Name of Claimant: Elite Bobcat service, Inc. Byt — L the undorsignod, smtat 1 em the President of rice cldmantamned in the fosegortg Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I ratify that Ike same is true of my own knowledge. I certify (or declare) under penalty of peduty under the laws of the State of Calitbmia that the foregoing is true and correct. Eteeeatodon. 1/10108 at_ Corona of California. RIQUIM FOR NCri'liCBOFIfLU ZION ftTaae warty Only) If an election is made not to withbatd fiends pursuant mans Stop Notice by reason of a payment bared having been teaarded in seomdance with Sectkass 3235 or31d2, plena land hullceof such election and a copy of the hand within 3o days of such dtW=n is the enclueed peeaddtessed atuatpod awakipe to dtu address of the daimaN $hown shove. This hrfonnsttioe meet be prVA" by you mtdar Civil Code Sections 3159, 3161 or 31 62. i i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC January 8, 2008 Mega Way Enterprises 1092 S. Reservoir Pomona, CA 91766 Subject: Coast Highway Medians - Phase 1 -B (C -3867) To Whom It May Concern: On November 27, 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 December 4, 2007, Reference No. 2007000713035. The Surety for the contract is North American Specialty Insurance Company, and the bond number is 2065149. Enclosed is the Labor & Materials Payment Bond. Sincerely, De oV aCR-9- 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 • i RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIIIiIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 200700071303512:36PM 12/04/07 117 92 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "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 Mega Way Enterprises of Pomona, California, as Contractor, entered into a Contract on July 10, 2007. Said Contract set forth certain improvements, as follows: Coast Highway Medians — Phase 1 -B (C -3867) Work on said Contract was completed, and was found to be acceptable on November 27 2007, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Speciality Insurance Company. M L1 _ = lic Works Director — Ity of Newport Beach LJ L— VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on a�� dp0 7 at Newport Beach, California. OR MVA 11� November 28, 2007 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless. MMC C -3867 - Coast Highway Medians Phase 1 -B Mega Way Enterprises Please record the enclosed Notice of Completion and return it to the City Clerk's office. Thank you. Sincerely, c mq-A 24, , t�� LaVonne M. Harkless, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 9 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 November 27, 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: COAST HIGHWAY MEDIANS — PHASE 1B — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3867 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 July 10, 2007, the City Council authorized the award of the Coast Highway Medians — Phase 1 B project to Mega Way Enterprises. The contract provided for construction of concrete median curbs, installation of a new irrigation system, and landscaping along Coast Highway in Corona del Mar. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $253,740.00 Actual amount of bid items constructed: $256,437.50 Total amount of change orders: $10,725.56 Final cost of construction: $267,163.06 The final overall construction cost including two change orders was $267,163.06. Change Order No. 1 in the amount of $7,853.24 was for two additional changeable message boards. Change Order No. 2 in the amount of $2,872.32 was for the removal of asphalt pavement and base within the medians to accommodate planting the eight King Palms. Overall, the project was 5.3 percent over the original bid amount and well within the 10 percent construction contingency. • Coast Highway Medians — Phase 1 B - AL and Acceptance of ConMaot No. 3867 November 27. 2007 Page 2 The original construction contract included installing 26 King Palms in the medians. Prior to bid opening, staff received several phone calls from contractors informing us of the lack of 20 feet tall coastal grown King Palms to meet our specifications. After checking with over 60 nurseries, staff was only able to locate and plant eight King Palms, each tree costing more than double the original bid price. Staff continues searching for the remaining 18 King Palms and have also considered purchasing shorter non - coastal grown palms and acclimating them at the City yard or a local nursery until they are ready to be planted. The City will enter into a separate contractto plant the remaining palm trees when the time is right. Sufficient funds exist in the project account for the remaining palms needed. Other Project Costs: In addition to the primary construction contract, this project involved other project expenses from various funding sources. Total project expenses are summarized as follows: Construction $267,163.06 Civil and Landscape Design $ 45,470.00 Construction Inspection $ 4,491.84 Incidentals $ 890.49 Total Project Cost $318,015.39 Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementation Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion. Funding Availabili . Funds for the construction contract were expended from the following account: Account Description Account Number Amount General Fund 7013- C5200932 $267,163.06 Total: $267,163.06 The original completion date was October 26, 2007. All work was substantially completed by this date. Prepared by: Submitted by: Andy teph n G. Badum Senior Civil Engineer PW206 Works Director PREMIUM INCLUDED IN ►1 u BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 EXECUTED IN 4 ORIGINALS COAST HIGHWAY MEDIANS — PHASE 1 -B CONTRACT NO. 3857 BOND NO. 2065149 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Mega Way Enterprises, hereinafter designated as the "Principal," a contract for construction of COAST HIGHWAY MEDIANS — PHASE 1 -8, Contract No. 3867 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. 3867 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, North American Specialty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as 'Surety") are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Fifty Three Thousand Seven Hundred Forty and no/100 Dollars ($253,740.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, In an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with - the provisions of Sections 3247 et, seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipuiates 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 d ly executed bt yie above named Principal and Surety, on the 5th day of July , 2007. Mega Way Enterprises Name of Contractor (Principal) North American Specialty Insurance Company Name of surety 701 S. Parker St., #3800 Orange C A 92868 Address of Surety 714 -550 -7799 Telephone By: L/ vice lgent Signature Kasbar Les M. Mantle — Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED • _.> _ . a� .w.it_.�• ova. ..a ai. ..�.i - vc. State of California County of Orange J } ss. On f_� l before me, : Mary Martignoni — Notary Public �a name ariE Tim of Otlicat (e.p. -J Ooe, Notary Poch') , personally appeared Les M. Mantle Name(e) d SWMI.) Upersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to that he/she/they executed the same in histher /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Paco NWary SOW AbM tore of No" Pudic .. OPTIONAL Though the intomtation below is not required bylaw. it may prove valuable to persons relying an the document and could prevent trarrdulent removal and reartachtnent of ibis form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Les M. Mantle ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑Limited ❑General M Attorney in Fact TOP r' mWnd data 11 ❑ Guardian or Conservator ❑ Other: Signer Is Representing: North American Specialty Insurance Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: RIGtUGBPAINT OF SIGN FJi �^WAa>'f"„CA "n�f�iC.JYT .>iCa - �iCaA'3d'.+K -oKys: NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing udder laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca. Illinois, each does hereby make, constitute mid appoint: LES M. MANTLE and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Atiomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf mid as its act and deed. bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety. on contracts of suretyship as arc or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called mid held on the 24' of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, arty Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Prover of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �avurr �� Eft ee.G�kPO4.tr` y By ) ttoa� R+ =g;. SEAL 'm� SInrn P. AadenagPnad.mS ChiefE..mi.e ounx,arw'ashinrl.a lnnmaaanal lasunue Camp. & I i 'z 1973 r SEAL $�1a,4�a- pc Vin Prai& al of Nana Ananian 4ammally lutrann CamPany ............... MA anta9t �ratxnuiwN"�° � ;k Dartd Al. LM) man. Yne Plailenl of W'ashiarn. Inlentananal lamenw, Campay 6 Vise F.rtQ. W Nm,h A. ., S,1 1, hannan. Cant m IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seats to be hereunto affixed, and these presents to be signed by their authorized officers this 7th day of July . 2006 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Out Page SS: On this 7uh day of July . 20 0.6 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company mid Vice President of North American Specialty Insurance.Company and David hl. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sw•om, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. CIA 8iJWiN AANSEL.Ln fltwyPWIk,6Meatllb9cl Susan Ansel, Notary Public Mytkmmhsgn 6lpiloaTtfiQ�B 1, James Ames A. Carpenter mer the duly elected Assistant ecr�t�� of Nonh American Specialty Insurance Company and Washington I ntemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this5th day of duly ,0 07 Jnma A Capmnr. Vitt Pnndrm & Asyswn Smnan Of Wadnnrlon ImvuuanY WW a,, Camper k Nalth Amman Spa,ag Insaasec,a.WF • CALIFORNIA ALL - PURPOSE ACKNIMLEDGMENT State of California County of Los Angeles On 7/5107 betore me, OR" personally appeared 0 I ss. Hector Zavala, name a Trot Sam Kasbar Notary Public 'J8 on, k%" R 1 X, personally known to me proved to me an the basis of safis%ctory evidence to be this person(s) whose rtain-Ws) is/are subscribed to the within instrument and acknowledged to me that helsheAhey executed the same in hisiberAheir authorized capacity(ies), and that by hWher/thefr signature(s) on the instrument the person(s), or the entity Low behalf Of which the Pers0n(s) acted. executed the instrument. WITNES y hand and officM seat. Pay NAUY Saml wan OP Y NAL Though Me vANmeow bedew is not required by law, 0 may PrV*V vakAabiv to PeWw I*M On ft d=ffW)t and oak prevent frsuoWenr ninwal and amtjwhffw# of N* fam so ark0w document. LaM M- Signsr(s) 01fter Than Named Above: — Capeo►J") C118110%ed by SIWMW(S) Number of Pages: Signers Name: Signer's Name: Ell individual D Individual • Corporate Ofter — TdWs): tj Corporate Of — THWay, • Penner — D Limited D General E Partner — D Limited 0 General Attomay in Fact TV C' Attorney in Fact "M Trustee Trustee * Guardian or Conservator Guardian or Conservator * Other: D Other. Signer Is Representing: I Signer Is RepreseritirV. -0 ib'24W-rwar�b,0. CA 9141344W I w 5907 Par. Ca rA fFft 1410"7B430V 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 10:30 a.m. on the 26th day of June, 2007, at which time such bids shall be opened and read for COAST HIGHWAY MEDIANS -- PHASE 1 -13 Title of Project Contract No..3867 $360,000 Engineer's Estimate by *phen G. Badum blic Works Direct4 CITY CLERK' PLAN HOLDER LIST AVAILABLE ON CITY W EBSITE httD:1 w m.citv.newaort- beach.ca.us CLICK: • Online Services. • Public Works Contracts Bidding Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor General "A" License required for this project For further information, call Michael J. Sinacori, Project Manager at (949) 644 -3342 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY MEDIANS -- PHASE 1 -B CONTRACT NO. 3867 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS - BIDDER'S BOND - DESIGNATION OF SUBCONTRACTORS" CONTRACTOR'S INDUSTRIAL SAFETY RECORD" INFORMATION REQUIRED OF BIDDER . ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES' NON - COLLUSION AFFIDAVIT - DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashiers check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. #-771 Contractor's License No. & Classification r 4 U Bond No. 1925 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY MEDIANS - PHASE 1 -B CONTRACT NO. 3867 BIDDER'S BOND We, the undersigned Principal and Surety, our successor; and assigns, executors, heirs and administrators, agree to be jointly and severalty held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of ITN PERCENT OF THE AMOONr OF THE forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of COAST HIGHWAY MEDIANS -PHASE 7 B, Contract No. 3867 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 Prncipat faits to execute the Contract t]ocuments in the forms) prescribed, induding 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 ", othervrise 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 19th day of dune Mega Way Enterprises Nana of Contractor ( Princpal) North American Specialty Insurance Company Name of Surety 701 S. Parker St., 13800 Orange, CA 92868 Address of Surety 714 -550 -7799 Telephone P1 Sam Gabriel Ka Vice President Agent Signature Les M. Mantle - Attorney in Fact Print Name and Tine (Notary acknowledgment of Principal & Surety must be attached) s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I Orange ss. County of S On �� `_U I before me, Mary Martignoni — Notary Public Date Name and Tuts of OW (e.g., 'Jane Dom. Na" P.e ) personally appeared Les M. Mantle MM(a) of signer(.) MARY MARTmom Q ('MAM #1438392 9' NO)i.rtv ruHLIC- CALIFORRN .¢ ORANGE COUNTY °+ My Comm, Exp. Sept 0, 20117 �nr Upersonally known to the ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Nomry seal AWW dgrel e W Notary PuMc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent /raudulent removal and reattachment or this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Les M. Mantle • Individual • Corporate Officer — Title(s):_ • Partner — ❑Limited ❑General M Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: North American Specialty Insurance Company RIGHT THl1MDPRNT OF SIGNER 0 Number of Pages: Signer's Name: ❑ Individual • Corporate Officer— Title(s):, • Partner — ❑Limited ❑General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: RIGNT 71775PRINT OFSIGNER 11 1 Do SotD Aw.. - , am 24o2. M TCd-Frft I-9 I 1 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL. POWER OF ATTORNEY KNOW ALL MEN BY "THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and (raving its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Cmnpany, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: LES M. MANTLE and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Anoroey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety. on contracts of suretyship as are or may he required or penniued by law, regulation, contract or otherwise, provided that no Fond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24° of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President. the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalfof the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney acid to attach therein the seal of the Company; and it is FU RTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certi licate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surely to which it is attached." \a 0Nwrrs, Matt.. S'aoara+d� Lam- - �x: By J SEAL .m- srcw«. r. wna.. nn. p..ue.ms ewrf:..ene.tome . m . wxnmeryn li.n.l tn.nr.n.: e.mp.n >A a �r.;o £ \ate Pl.sidenlNNorrh Amerinn Speri.NY hn. «Gun.p..y SE AL a y .,h�uasi'py y3 Irm11 �Nllmlatm ad, a.rid M. ., m.n. \ ie hnidem of n'alunpon torcm.11oml Ins. rate C.,., A Vine Residm.f Nanh A.H. Sp-tall, Nmvnn Cwnpap IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 71h day of July _ 2006 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du page ss: On this 71h day of Judy , 2006 , before me, a Notary Public personally appeared Steven P. Anderson President and CEO of Washington International Insurance Company and Vim President of North American Specialty Insurance Company and David M. Layman. Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. °OPPIC(ALSEAU > / SUSAN ANSEL ��ta.t L t'sr.21� wa Susan Ansel, Notary Public 1, James A. Camenter the duly elected Assist ecretary of 'North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and an Specialty copy of a Power of parry Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. M WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this 19 day of June 2007. lmlen A Carmla Vitt Prcsldem A Asslsrml5 «r«vn or Washinrron Initmnl�oml ImurmuCOmpan A Nwdl Animm Sp sah.'Infura eCwnpa CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of.-.-- Los Angeles . . .. ... ....... I ss. On 6/26/07 before me, Hector Zavala, Notary Public - ------ 01.6 personally appeared _.- . -. -_.- Kasbar . ......... - - - - ..... . . . . ......... Na-961 HECTOR7AYALA commtulon #1616510 No4a Public -0011110"O es County V Comm. Ex pI mms =0cf 2 8. 2 'y UX Q�m — � X personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that neishe/they executed the same in his/her/their authorized capacity(ies), and that by histherAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS official seal. OPTJO�Ar Ag�a-u • Noixry P� k L Tnough the;nfonnartoi below is not required by law, it ,way prove valuable to persons relying on the docximent and could Prevent fraurfulent removaf and rimitractortent of this form to another document. Description of Attached Document Title or Type of Document . .... ... .. .... Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Individual Corporate Officer - -- Title(s): __ ....... Partner---, : Limited i, !General Attorney in Fact Trjstee Guardian or Conservator Other: . . ........... Signer Is Representing •AV1.1 4)5ri -W Au h0 BOX iv • Number of Pages: Signer's Name: Individual Corporate Officer —Ttle(s): Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: ... &gnef Is Representing: CA 91313-2402 It. W W? FiiiNM, --W :O hi, 1 q00-8'C.4M27 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY MEDIANS — PHASE 1 -B CONTRACT NO. 3867 State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: `5 V, ct Address: 14SO A/. �� �2R•era i'1- %f�-oP . ` f ft' #/{r t4A 9'2/376 i2/ �4,, Phone: 6 Z�, 962 'S4 % y (5 State License Number. -75-236-7 Name: E , Address: 13 W 6 . COYOYIA / C- rc Phone: f3-/ " l % — 41-(0 7 State License Number. Name: Address: Phone: State License Number. Bidd Aut orized atureffitle 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY MEDIANS — PHASE 1 -13 CONTRACT NO. 3867 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. Bidders Name ZF�C"� \/ . %? FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number_ (�� I S n Project Description (', t7 Mg'?dY U Q 1(.D Il it ( ,'tr_ii Approximate Construction Dates: From oa - To: �' %00cri Agency Name 1 YIGi,� 1 15 �1 Contact Person Telephone Original Contract Amount $ 07P- �flual Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 Project Name /Number Project Description Approximate Construc Agency Name Contact Person b ��I i Telephone (V5 t ` )H ° %q 1 OJ Original Contract Amount $2�al Contract Amount $ -2,2M 1; ILL If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From e-�? I 2ye'=:-, To: °I Agency Name Contact Person Original Contract Amount $Winal Contract Amount $ If final Rnjount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 4 Project Name /Number Project Description Approximate Construction Dates: From —I -Zoos To:_, 10 Agency Name Contact Person Telephone t tea Original Contract Amount O=inal Contract Amount $ LOU) If final amqunt 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 againstyouu /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number _ Project Description t Approximate Construction Agency Name Contact Person Original Contract Amount If final amqunt 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. Z No. 6 Project Name/Number Project Description Approximate Construction Dates: From S To: 1 Agency Name Contact Person _ X1.1C1 n 2: 42- Telephone 606 �q Original Contract Amount $inal Contract Amount $2r If final amount is different from original, please explain (change orders, extra work, etc.) N tD 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 sta sufficiently comprehensive to permit an appraisal �pf the conditions. 1! lr' 1 ►, E, and other information ;ton's current financial a / *Vf Me a W, Key Individual General Construction Superintendent License 4 77980 Charles Ramah will be the General Construction Superintendent on -site for this project. He has experience in Landscaping, Irrigation, Medians, Concrete, etc. Charles currently manages on current project and is well qualified to be Superintendent for this project. Sam Kasb9r VY r. 1092 S. Reservoir St. Pomona, CA 91766 Phone: 909 - 469 -0488 Fax: 909 - 469 -0556 t� V CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY MEDIANS — PHASE 1 -B CONTRACT NO. 3867 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Los �) 0.1M & al S►r1 being first duly sworn , deposes and says that he�ehCis Vfcc 0 pt S',y� of R e the party making the foregoing id; that the bid is not made in th i terest f, or on half of, any undisclosed person, partnership, company, association, orgarnza ion, 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. declare under penalty of perjury of the laws of tWteof o71Ve t the foreg oing is true and correct. Bidd r utho v Subscribed and sworn to (or affirmed) before me on this 2 6 day of n t 12007 by personally known o me or proved to me on the basis of satisfactory evidence to be the person(s) who appearefd before mg. HECTOR LO" cornmin 81616510 r' Notary RIMC - caltlorMa [SEAL] Los Angeles Cnunry - My Comm. Expires pct 26.2004 11 My Commission Expires: �c • �� 2�/ CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT ..Y'�Y'c`^c�.�Y+.'�: CfC^e..Y.'a,fS t= •_�.�.'1YS:c"Cif•�: X523' C!: G' 1i�nz' crc: ttr .•»LY{ti ?:3[Y'6(G'tf�:�G1�CCii wfii�tAkXx?. State of California County of Los Angeles On 6/26/07 _..._ 'date personally appeared before me, HECTOR ZAVAtA ComrrdNJ0n 1 •'a - Notary public _ Catifomto Los Angeles County Mvcomm.ExPrres 25.200 P:,� Nw.,, sea! A V, } sa. Jl Hector Zavala, Notary Public N FVA a Tide M olhx: ro.v. •J ft Doe. Nxary Pittr.-i Sam Kasbar - - - -- ----------- X personally known to me U1'' 11 Though lne inlbrrnabon below is not reauimiby law, it and court prevent treuduient renA)Vel end r1 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:.- --.........._ ............� indnndual Corporate Officer — Title(s): Partner —.. Limited :'1General Attorney in Fact Trustee ! . i Guardian or Conservator Other: Signer Is Representing: ___ ..... ... ___ I -•-,�`Lt'.c"?- L'�'T.+YZ*CiA:ik i``:�tiL7,'+R•$d`a�'�"aZR�.c?2i7 t,iW<Ne�W:ui NrAar, A..... • 9lyd ne Seto Ave.. PO any MM - chm,,ur proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /shenhey executed the same in his/her /their authorized capacity(ies), and that by histher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS BW4W. et Ndvy PlbNc valuable to parsons relying on the document t of fhis loan io another document. .. .... ,.._. Number of Pages:......... Signer's Name: ................ . Individuai Corporate Officer — Title(s): :; Partner Limited :...General Attorney in Fact .�: 'Trustee Guardian or Conservator Other: ......... ----- - Signer Is Representing: i a" ��7i�". 3GcT ,�iS;B�`•dt`'fC,Z.'7kL"°".`<� %:sue i. CA M12-242 Ilc- tip 14907 Pea r'. Ui 11 B rtax 1.9r. 5:2eA2i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY MEDIANS — PHASE 1 -B CONTRACT NO. 3867 DESIGNATION OF SURETIES a Bidders name fA -C iKn Provide the names, ad esses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond pe), Bid Zv ?%s4q� cam( ,J 11 ^Ci �l / bn( f N VA M 12 550 - 1 -1 q 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY MEDIANS — PHASE 1 -B CONTRACT NO. 3867 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 'u c' wev .ti�2r5 � 15e..S Record Last Five (5) Fit I 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 5- 6 6 S 36 Total dollar Amount of Contracts (in -( tt�� k' t 8w. \1 C( ` ��' 2vci\' rl t G � r„r'tl I w� t� \ Thousands of $ .� No. of fatalities © Q O No. of lost Workday Cases No. of lost workday cases involving permanent ® D a 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 1I Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and The above informat time and 1 declare within the limitati Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Classification: Title v 3A %a WA� a o et S o' I 1 _ p ion was compiled from the'rec6fds t at are available me < under penalty of perjury that the information is true and c 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 aM "Secretary or Assistant Secretary, and the orate seal. Signatures of partners, join venturers, or corporation officers must be acknowTe gg 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 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 6/26/07 personally appeared before me, HECTOR IAVAL4 a Comml113fon # 1616510 z Notary Public - California Los Angeles County Mycomm. W8s Oo128, 2 F'ix:c NW.^..Y SaAI RM. 6 — I ss. Hector Zavala, Notary Public Nanw and MR. IN 3:1xe1 (a.p. -.�ana 0m, Nmary R�e ) Sam Kasbar X personally known to me proved to me on the basis of satisfactory evidence to be the persons) whose name(s) isfare subscribed to the within instrument and acknowledged to me that helsheAhey executed the same in histherlitheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS .� 9�Vl,. Nnury PAS. Though the information below is not required by Jaw, i ay prove valuable fu Per >aws mlying un the 000U ant and could Prevent fraudulent removal an 'artachmeal of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: _ ,. , _. Capacity(fes) Claimed by Signer(s) Signer's Name: —. _ .................._ Individual Corporate Officer -- TRIe(s):. . ,.. __ .... ._.�._ Pafiner — Limited .. General Attorney in Fact Trustee ..:. Guardian or Conservator i... Other: .. Number of Pages: Signer's Name: ______ Individual Corporate Officer -- Title(s):.� Parmer Limited _ General Allomey in Fact ? Trustee Guardian or Conservator _..... i ::.i other: I _.... . ...... Signer Is Representing; Signer Is Representing' _ , . _____ ^..iro. •+c�.ws�rr.,.y M,..� .o1SC> 3=41, PD aye r ^.t(Yj,.l.lomwon�, CA JI:.t: +�4J7 'aan Nr, SW7 Rsaeer C010.9, .11K4tlrry�7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY MEDIANS — PHASE 1 -B CONTRACT NO. 3867 ACKNOWLEDGEMENT OF ADDENDA Bidders name N The bidder shall sig ' receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Date Received 21,'z 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY MEDIANS — PHASE 1 -B CONTRACT NO. 3867 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: M jJ6 IA�a!4 F�tL 2I`P fl . _ Business Telephone and Fax Number: `t11U(Q California State Contractor's License No. and Class: —11 1`6Lo°l 9i, B, C- ( OfZ�^cXl (REQUIRED AT TIME OF AWARD) Original Date Issued: (A5 126b 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: J The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name 11 Title Address Telephone 1�h�zt� �j• l� 16°tZ 5. 94-.-7e- Nti'2 flea �tc9°t �tsig Flonxv ,cL C .A .� 1`I IO(D icrr sa0dd to R2- S. f4n.17,n/n?i /qAq('09-o( Corporation organized under the laws of the State of The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and, defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Nn Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lampliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / 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. A f ,l�ty� � � •i,>LJiQ name ofNwner or President Of Title Lo 1-a(_'Vl 61 Date Subscribed and sworn to (or affirmed) before me on this VO4— of 2007 by — personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. [SEAL] HECTOR 7AVALA Commission # 1616510 f-� Notary Pudic - Ca9tomlo _ tot Angeles County [ 18 My Commission Expires: 3��Z�� CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Y,C<`�.•,'�'�fV5�.u^C.�r . .K,�f_Gi?&Y•ee�'r..t.�a,�" .'^ '�' ._ ,.�3�LTffi.c�,rxJr� re: ACaeacar. w��or<L�.iCfSCC:.". ✓.:ZPSd9.* State of California County of — Los Angeles On 6/26107 —" before me, personally appeared HECTOR 7AVALA CammWbn 8 1616510 01MYCOMM.WWO02111,24 Notary Publlc • Cdtornto Loa Angeles County P ;. NNary Sea! Abp.', Though the rnfounabor, below is not required by and mold prevent fraudulent removal Description of Attached Document Title or Type of Document: -- -- --- -- - -- --- - Document Date: Signer(s) Other Than Named Above: Hector Zavala, Notary Public N anon T:: N Oeua, 1e.9., `Jane 0%, NMnry P, . Pierre 5oma aad NamNst m X personally known to me Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /shekhey executed the same In his /her /their authorized capacity(les), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon, behalf of which the person(s) acted, executed the instrument. N-( P,Mc `$YJVAL may prove vatuaWe to persons relying on the document reattachment of this form to another document. Capacfty(ies) Claimed by Signer(s) Signer's Name: individual Corporate Officer - -- Title(s): Partner-- Limited —General Attorney in Fact r _. Trustee i Guarc!an or Conservator Other. Signer Is Representing: - `s' - .-------- .........� nrd ,.pram, �w¢vrgAss r_zfon +9380 Ca xfb AVO, pp 9oz RAtY' • r'.hstr• ••i ........ _ Number of Pages: Signer's Name: ___ .......... ._ _'. Individual Corporate Officer — Title(s): .: Partner —..Limited General :.::. Attorney in Fact Trustee Guardian or Conservator Other.. i Signer Is Representing: -_ - GA 41J131407 nwr NO w• Rep9e, ^,al ;fin! -free +B'JOB�68d) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY MEDIANS — PHASE 1 -B CONTRACT NO. 3867 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 COAST HIGHWAY MEDIANS — PHASE 1 -13 CONTRACT NO. 3867 CONTRACT THIS AGREEMENT, entered into this _ day of , 2007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Mega Lighting, Inc. dba Mega Way Enterprises, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: COAST HIGHWAY MEDIANS — PHASE 1 -13 This contract consists of providing traffic control plans, removal and construction of median concrete curb, miscellaneous asphalt, signing and striping, landscape planting and irrigation, jacking and boring of sleeves, installation of conduits and wiring, and other incidental items. Contract No. 3867 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. 3867, 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 20 activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 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 Two Hundred Fifty Three Thousand Seven Hundred Forty and no /100 Dollars ($253,740.00) 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 CONTRACTOR City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Michael J. Sinacori (949) 644 -3342 Mega Way Enterprises 1092 S. Reservoir Street Pomona, CA 91766 909469 -0488 909469 -0556 F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence' form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this 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. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. �,EwPORr ATTEST: ` 3 ° CITY OF NEWPORT BEACH l K it A Munici al Corporation e�m u 1"-p / Lip By: �f CITY PL&Rk Mayor APPR ED AS TO O AARCN C. HARP Assistant City Attorney 25 Print Name: Q By" (Financial Officer) Title: �reSldeY1 Print Name: :Ria Vie CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 3 State of California County of Los Angeles I ss. On 7/5107 , before me, Hector Zavala, Notary Public Pare Name arM The at Oficer race. Nobly PuW`) personally appeared _ Pierre Saad ry�er a 3;9a�ts� F �s ry f = X personally known to me I proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he(shelihey executed the same in his/her /their authorized capacity(ies), and that by hisfierAheir signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES ' I y nd and o icial seal. Pmco row„ sear avows op-n AL Ttougft the wtomiation below is not required by law, it may prove valuable to persons relying on the document and Could prevanf 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(les) Claimed by Signer(s) Signer's Name:._....._- -- - - -._ i.::i Individual i.] Corporate Officer — Title(s): Partner — ❑ Limited F General Attorney in Fact :..: Trustee Guardian or Conservator r Other: Signer Is Represenhng. i I J Number of Pages: Signer's Name: ____ ...............__. ,D Individual L.1 Corporate Ofrwer — Trtle(s): — C, Partner —:7 Limited ;_1 General I -. -. Attorney to Fact _� Trustee D Guardian or Conservator Other: Signer Is Representing: 77R1C8C , O 2uri Natd M<v M• • AW-W3 a a ft A.e PO Bea .am CA 913132A ton W... W7 Reoe:er: C" tog -Free i- BJ1 "7&6977 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles I ss. On 7/5/07 before me. Hector Zavala, Notary Public personally appeared Sam Kasbar Xpersonally known to me i I proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and actmowledged to me that he/she/they executed the same in histher/their authorized capacity(ies), and that by his;/her/their signature(s) on the instrument the person(s), or the ....... _p., behalf of which the person(s) acted, executed the Instrument. Place Noary S.V 'TNEES Ydan flore, seal ioow L OPT>NA Though the information below is not required by law, it may prove valuable to persons retying on the document and ooW premrit tirsuduient parnovol and wrtachrriant at this form to another docionent. Description of Attached Document Title or Type of Document: Document Date- Signer(s) Other Than Named Above: Capac"Ies) Claimed by Signer(s) Signer's Name: -- -- -- U Individual C; Corporate Officer — Ttle(s): Partner — _— Limited ...-! General Attorney m Fact Trustee Guardian or Conservator F_ Other: 7 Signer Is Representing: Number of Pages: Signer's Name: I Individual Corporate Officer — Title(s): — Partner —`. Limited u General Attorney in Fact Trustee Guardian or Conservator Other- -- - ---------- - ------ - - _ - - ----- - .............. Signer Is Representing: — TM 11 PmnQ; Mu. I i I L hem No 5907 A11 w, C:al iO Flo, 1-00"70-61W pRMUM INCLUDED IN PERFORMANCE BOND nECUTED IN 4 ORIGINALS CITY OF NEWPORT 13EACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY MEDIANS — PHASE 1 -8 CONTRACT NO. 3867 BOND NO. 2065149 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Mega Way Enterprises, hereinafter designated as the "Principal," a contract for construction of COAST HIGHWAY MEDIANS — PHASE 1 -8, Contract No. 3867 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. 3867 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, North American Specialty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Fifty Three Thousand Seven Hundred Forty and no /100 Dollars ($253,740.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's Subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 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 at 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 shalt 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 Principal and Surety, on the 5th day of July 1%—, 2007_ j Mega Way Enterprises Name of Contractor (Principal) North American Specialty Insurance Company Name of surety 701 S. Parker St., 13800 orange, C A 92868 Address of Surety 714 -550 -7799 Telephone By: above named Vice Kasbar Les M. Mantle — Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT R � AuAVR+.R VA]i�•q(,\ q4A. u.�v0 AvR `Aim A.lr. .R .1. State of California ss. County of Orange On before me, Mary Martignoni — Notary Public Date Name and TOW of 011Ww (e.g..'Ja Doe. Notary PJJW1 personally appeared "e • Y F.1 c • 7 � . . -.. ter, •.•• ., Les M. Mantle Name(S) d Sg.er(s) Upersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary seal Abwa ✓ W Notary PUW OPTIONAL Though the infomradon below is not required bylaw. it may prove valuable to persons relying an the document and could prevent haudulent 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: Les M. Mantle Individual Corporate Officer — Title(s): _ Partner — ❑ Limited ❑ General M Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: North American Specialty Insurance Company RIGHT THUMBPRNT OF SIGNER Number of Pages: Signer's Name: • Individual • Corporate Officer — Tide(s): • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OFSIGNER .01 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca. Illinois, each does hereby make, constitute mid appoint: LES M. MANTLE and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Atlomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behal l' and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or pemnitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both Nonh American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24' of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or Certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." idaannllalXW . awouutr as p BY f�OPoIIE i SEAL ��= Stereo P. AOdereon ,President& Chief Elee"d,e nnice Nw'uhinuen laternnbnah liesunnee C.,.,& r^— 3Wi 1973 Vi — ViceP. .dery ofNeftA .m..SpnraaylnsunoeeCemPaOY SEAL > �. +-, ICmM 1Tj aaluunhlut°� BY David Al. u)oma. \'ice P.iiidem ur wmishi9ien hoii,mumml lesomme Cwnpahr & wks Pmaident QNunh Am 1 Speaiu Y 4wre.rte Cuwr"n) IN WITNESS WHEREOF, Nonh American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 7th day of July _ 2006 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS' On this 71h day of July 2006 , before me, u Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company mid Vice President of North American Specialty Insurance Company and David M. Layman, Vice President of Washington International Insurance Cmnpany and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OPPICLALSEAL" �r SUSAN ANSEL W+ t, Lsr u� Susan Ansel, Notary Public 1, James A. Camenter , the duly elected Assistant Seareiary_ of North American Specially Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said Nonh American Specialty Insurance Company mid Washington International Insurance Company, which is still in full force and effect. M WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this5th day of July ,0 07 Juts A Cerymter Vice Pmsideni&.Assistsa Secrvan ofWbhingan Intemanoinl hsurance Con v& NuM Amencan Spenahh InsurNi« Cwnpy,�' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 7/5/07 _.._., Data personally appeared before me, — I $a, Hector Zavala, Notary Public Name" Tmn d oPv'.n to H' -Jm Dos,"Pu Wj , Sam Kasbar . - .. - — X personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/sheRhey executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Pkux hid &ry 9CN NIOV6 XNAL y hand s't aanenhRd e d o fN'iwciry a R€ ts•ei e€ O n Though the rnbmlaCwa bebw is not r6gvited by.a:v, it may prove valuable to persons relying on me document and cotdd prawn I freudutem removal and mattactrmart of this form to another o'acumem. Description of Attached Document Title or Type of Document: .- . --- ..__ -__. Documeni Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: —.... -_ _.. -�� i. Individual LI Corporate Officer — Title(s): ___,,...... Partner — C� Limited Attorney in Fact - - -- - - - - -- 1_7 General Trustee Guardian or Conservator p other: Signer Is Representing: _, ._-.-._ Number of Pages: Signer's Name: _________......-_- J Individual L., Corporate Officer — Tale(s): _ C Partner—E] Limited ',_: General Attorney in Fact Trustee Guardian or Conservator Other - -- Signer Is Representing: kC c nw.'C vm i '>trPR4se'ooti+eae .c C YA^W NW ,Aa. wu- 93K N Seto F.e PO riot/ 244, tT.bwMn CA'M1t;4C2 n..nWY , Reorder: Cell TW -fee. 1- 800476.62] .+ PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE E%ECUTED IN 4 ORIGINALS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COAST HIGHWAY MEDIANS — PHASE 1 -8 CONTRACT NO. 3867 BOND NO. 2065149 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3654, 00 being at the rate of $ 14.40 Per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Mega Way Enterprises, hereinafter designated as the "Principal ", a Contract for construction of COAST HIGHWAY MEDIANS — PHASE 1 -8, Contract No. 3867 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. 3867 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and North American Specialty Insurance Comuany , 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 Two Hundred Fifty Three Thousand Seven Hundred Forty and no /100 Dollars ($253,740.00) 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 past 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 dyi(y executed I%the Principal and Surety above named, on the 5th day of July 2 Mega Way Enterprises Name of Contractor (principal) North American Specialty Insurance Company Name of Surety 701 S. Parker St., 13800 Orange, CA 92868 Address of Surety — 714 -550 -7799 Telephone By: Kasbar Vice Les M. Mantle — Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 91 v,? Tim, H-�• State of California } $S. County of ()range 1 On c before me, Mary Hartignoui – Notary Public Date Nerve end Titled 0l 1 le.g. •Jere O . Neia,y Puw) personally appeared Les M. Mantle Nr (e)offt--ts) f MARY MARTIO 0M ^Ofute1014311*2 > a :wtan .rvfC- CALIFORNW ORANGE COUNTY M><fb�a61D•�0.31iW Upersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her /their authorized capacity(ies), and that by histherRheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person($) acted, executed the instrument. WITNESS my hand and official seat. PUM Mtn sea wrna Si M of Notary PUW OPTIONAL Though the infonnatiat below is not required bylaw. R may prove valuable to persons relying on the document and oould prevent haudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document pate: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Les M. Mantle ■ r ■ Individual Corporate Officer — Tille(s): Partner — ❑ Limited ❑ General Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: North American Specialty Insurance Company RIGHT THUMRPRIM OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing. RIGHT THUM6PRINT OF SIGNER a a -a - .ay'.* •-a w>'.ay -yZ: '�F�h':•?i' .> - aet�5 ;:�* '..rt'" y'i ".a�rhal�e>i�a� » ^Y ^9' "y BC' Ni" "d •a> "�+'Ka .v CALIFORNIA ALL-PURPOSE t I r D nk nt.:•t. bf:.. State of California County of Los Angeles On 7/5!07 before me, Dora+ personalty appeared _- 61 r I ss Hector Zavala, Notary Public Name and ra. oiof orei�. ie.9.. ^mre onn u:nur r'ww:'a —� Sam Kasbar 4+ *$) N Sig—ke. X1 personally known to me i:1 proved to me on the basis of satisfactory evidence to be the persons) whose name(s) Ware subscribed to the within instrument and acknoMedged to me that he/she /they executed the same in his/herAheir authorized capacity(ies), and that by hialher/their signature(s) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES hand and iciai seal. Ptxw;Y ry Sea:AW Synalav o r o PuF c OPTi AL Ttkwo the information below Is not requhed by law; it may prove vffivabte to persons A)Vng On" document and aautd prevent fraudurent removal and reattadrrr &# of Otis form to another document. Descriptim of Attached Document Title or Type of Document:.___ -_. , Document Date: Signer(s) Other Than Named Above: Cspacity(ies) Cfalmed by Signer(s) Signer's Name: __..._._...._......... individual =i Corporate Officer —Title(): Partner — - Limited : J General Attorney in Fact Trustee ..i Guardian or Conservator Signer Is Representing: Pm M tu•+G nc✓ i of Pages: Signer's Name: _.- .:.i Individual Corporate Officer -- TOWS): Partner —:.: Limited : -i General Attorney In Fact Fop o h r u v •• Trustee :_: Guardian or Conservator Other:.. ... .... _____ - - -- i Signer is Representing: _._. C 3006 National Notary Aa.+yaMn • giSG f1a 3am.tva e Q Bo. CMG • tSi1D�K.N CA 03112W2 avn ho SICI RI , : a& ro &R6s 1 90PBi8 8S2i ,00—RD CERTIFICATE OF LIABILITY INSURANCE I 7iei oGO7YYYI PRODUCEA (949)727 -2025 FAX: (949)727 -9219 THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION Premier One Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2755 N Grand Ave ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana CA 92755 INSURERS AFFORDING COVERAGE NAIC8 INSURED BswtBRANavi atcra Insurance VOLUNTEERS 300 NWPO 3300 NEWPORT BOULEVARD INSUREREMOrCUrY Casualty F 0 BOX 1768 Mega Lighting, Inc, DBA: Mega Way Enterprises NSURERC' NEWPORT BEACH, CA 92658 -8915 1092 S Reue it INSURER D INSURER E' Pc=na CA 91766 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 NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . 1X50. NARP ME OF INSURANCE POLICY NUMBER PoUCOPRODIE ppTERMS, MATE NII T04N UNITS GENERAL LIABILITY EACH OCCURRENCE 1,000,000 EiOR OMEO ISA 1 50,000 X COMMERgALGENERAL LW81Utt S 5,000 A CWMS MADE 5-OCCUR BIN6CGL008670 -01 6/27/2007 6/27/2008 mEpmp 5 11000,000 X 2500 dad applies DEREMAGOREGATE S 2,000,000 GENLAGGREGATELIMITAPPLIESPER: S 2,000,000 x PO CY PR AUTOMOBILE X WBILITY ANY AUTO COMRINEDSINGLEUMIT IEaarm ) 5 1,000,000 BONLYMA1UM (Pw PTnPB) I X ALLONNEDAUT06 SCHEDULED AUTOS AC11065623 07/18/2007 07/18/2008 ODDLY INJURY PNKddNn S B X X HIRED AUTOS NONOWNEGAVroS PROPERTY DAMAGE (Pwso ld* S GARAGE LIABILITY AUTOONLV- FAACMDENT S OTHERTWW EAACC S ANYAUTO S AUTOONLY BRCEMMBRELLA LIABILITY �URRPNCE E OCCUR ❑CWMS AGGREGATE S S S OFDUCTELE WORRERSCOLPBISRTBNAND BRAT EMPLOYERSWBBDY ANY PROPNIETORRARTNER.EfIECUTME E.L. EACH ACCIDENT S EL DI E -EA OFMCERMEMIERE%QUCEDT Nyro. anew m POLICY OTHER DOWNPOON OF OPERATLONSLOCATION SIVEIICLEVETCWSIONS ADDED BY ENDORS6MENTBPECML PROVISIONS CERTZTICATX HOLDER LISTED MAW I6 NAMED AS AN ADDITIONAL INBORHD *** *project Nana A Location:Coast Highways modinAm -Phase 1 -B, contract No. 3867, Newport Beach: Insurance provided Abell be primary and nos - contributory ** +*Waiver of Subrogation included * * *CG2010 11/85 * * *10 day written notice for non - payment of premium* **Any Anto Co„erage andorsement is for the benefit of Certificate Holder Only * ** CERMFIRATEHOLDER CANCELLATION ACORD 25 (20DI108) III ACORD CORPORATION 1988 INS028loBel.m Page Iare SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE ME CITY OF NEWPORT BEACH, ITS OFFICERS, FXPIRAMN DATE THEREOF, ME RSUIND INSURER MLL ENDEAVOR TO MML AGENTS, OFFICIALS,EMPLOYEES AND 30 OAYSWRNTENWMETOMECERMP nNOWERNAMEDWTNELEFT .BUT VOLUNTEERS 300 NWPO 3300 NEWPORT BOULEVARD FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY FINE UPON WE F 0 BOX 1768 iNSUREIL ITS AGEI(1800.R9RESEHTAliYES. AUi10RIIEDRIDHESENTATTVE NEWPORT BEACH, CA 92658 -8915 . John Rivets ACORD 25 (20DI108) III ACORD CORPORATION 1988 INS028loBel.m Page Iare IMPORTANT If the certificate holler Is an ADDITIONAL INSURED, the policy(fes) must be endorsed. A statement on this certificate does not oonfor lights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holler, nor does it affirmatively or negatively amend, extend or attar the coverage afforded by the policies fisted thereon. IN302b lo+oel.aas Yd°"" THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 11 85 Policy Number: SF06CGL008870 -01 Endorsement Effective: 07/10/07 - 06/27108 12:01 a. m. Named Insured Countersigned By: MEGA WAY ENTERPRISES SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS ELECTED AND APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92658 Location: GENERAL LANDSCAPING AND EXCAVATION WORK ON STREET MEDIANS LOCATED EAST OF MCARTHUR BLVD ON PACIFIC COAST HIGHWAY, CITY OF NEWPORT NEACH, CA WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of'your work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self - insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of 'Your work' done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents /employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy (other than apartments). The words "you" and "your" refer to the Named Insured shown in the Declarations. "Your work' means work or operations performed by you or on your behalf, and materials, parts or equipment furnished in connection with such work or operations. ANF -ES 160 (5/2006) BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number: SFOBOGLOO8870 -01 Endorsement Effective: 07/10/07 -06!27108 12:01 a.m. Named Insured Countersigned By: MEGA - n DBA: MEGA WA Y ENTE RP RISES � /�6�i1ti4T✓1. Name of Person or Organization: CITY OF NEWPORT BEACH, ITS OFFICERS AND EMPLOYEES 3300 NEWPORT BLVD NEWPORT BEACH, CA 92658.6915 GENERAL LANDSCAPING AND EXCAVATION WORK ON STREET MEDIANS LOCATED EAST OF (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the cadent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to'bodiy injury" or "property damage" occurring after. (1) All work, including materials, parts or equipment furnished in connection with such work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of'your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words "you" and your" refer to the Named Insured shown in the Declarations. D. "Your worse means work or operations performed by you or on your behalf, and materials, parts or equipment furnished in connection with such work or operations. Primary Wording If required by written contract or agreement Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self- insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it Waiver of Subrogation If required by written contract or agreement We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization, ANF- ES 043 (5/2006) 02 -27-TOOT 10:31= Fran- *rcury Insurance Group 2142665353 T -620 P.01IT /021 F -371 Aft, MERCURY CASUALTY COMPANY 11 END1 019 This erdorserncm toms part of the ponoy shown below, en othor remu and corr&tioae of this poaoy remain U-OW ajed. Polioy No. : AC 1 106:52.3 Et'"bw Dam: 0; ;tD =246' 12:01 A.M. Named Insured : MEGA UC.HTIW.; INC DBA : MEGAWA1 EH7ERPP.G36i IT I5 AGREED AND UrIDERST'DOD THAT I HE FtlLLOW1NG Aft U; lEU M., ADUII IUHAL P14URWS UN .ALL THE VCI IICLES COVEP.CD Dt Tlao POLIO'•'': OT', OF NEWPORT BEACH, Il S DFFICEHB, Atjl Nt S, OFFICIALS, EMPLU%LCu AND VOLUNTEER„ 3300 NEWPORT BLVD nIEV1V•DFI I BEAUH, CA 926:0 -il910 PP,.XCT:COASTIAGHWAYSMEDI.ANS -PHASE 1- 8.COHTRACTND.3567 NCWPORT BEACH This agreement applies to this poEoy, ar any cuntimedon, ....I or replocement of We polity by the Named Inured, or tits rdnetatpnom wi1Nn 3o cloy, of MW lepas theteot. U-44 111994 producer PREMIER ONE INSURANCE SVCS 604 1 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: 7 -27 -07 Dept. /Contact Received From: Shaun Date Completed: 7 -31 -07 Sent to: Shauna By: April Walker Company /Person required to have certificate: Mega Way Enterprises GENERAL LIABILITY A. INSURANCE COMPANY: Navigators Insurance B. AM BEST RATING (A: VII or greater): AX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 2 mil agg/1 mil 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. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Mercury Casualty B. AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? 1 mil 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 h INSURANCE COMPANY: Farmers Insurance Group AM BEST RATING (A: VII or greater): A +XIV LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? General Liability: Additional insured endorsement is missing officials and volunteers. Workers' Compensation: certificate and endorsement list City of Long Beach. Jul 31 07 03:34p Sola Rsmar 626 966 3204 p.1 Y0114y NUTfpCG "'–" FA-CORD. CERTIFICATE OF LIABILITY INSURANCE 7& /3 1/2DD7 919 N AZUSA AVE ONLY PNU LJUINFCKS NV KRan10 YIART Ina A.�nIR COVINA G 91722 HOLDER THIS CERTIFICATE DOES NOT AMEND, EDITEI ALTER THE COVERAGE AFFORDED BY THE POLICIES B (626)966-5093 INSURERS AFFORDING COVERAGE 29 18 98 INSURED MEGA LIGHTING YNC. �INEJRER a: SAR!lfERS IIIBOAANCN clS00P INSURER B. DBA: MBGA WAY ENTERPRISES INSURER C: _ 1092 A RESERVOIR ST INSURER 1k. POMOLDL, CA 91766 IMSURERE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RL4R TYPE OFINBURANCi PaJCYNUMSER �� EFP POLICY Ef�RATON UNDS GENERAL UAREITY IMPOSE NO OBLIGATION OR UAELOY OF ANY KMD UPON THE 1NKURER ITS AGEIDS OR EACHOCCURRENCE S COMMERCIAL GENERALLIPBILITY AUTMOR¢EDREPRESERTATNE FIRE DAMAGE Wtto1N M) S �i ICLUMS MADE _OCCUR! I MEDEW(Ari Iimm) _.S .. .._— .— PERSONAL S ADV INJURY 'S GENERALAGGREOATE IS . GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPJOPAGG S I POLICY PR0. r--) LOC _ ._ . AUTOMOBILE WIBILITY I COMBINED SINGLE LMIT S ANY AUTO IEaemtlen8 -._. —.. . ALL OWNEp AUTos DOpEV INJURY S SCHEDULEDAUTOS (Par PaNPN HIREDAUTOS BOO. INJURY S NON- OWJEOAVTOS pb uacaq PROPERTYOAMAGE S- (Pal awN" GAR/WE UARNuIT AUTO DNL EA ACCIDENT Is AMYAUYO _ _ EAACCS OINER THAN AVID ONLY: AGG S BKCFSSUAEUTY EACHOCCURRENCE S ! . OCCUR L QUALMS MADE j AGGREGATE -Ls IS _ OEDUCTISLE REMMION S M1ONKERS COMPOISAROx AND lagim i EMPLOYERS' LIABILITY _ _ER• E.L EACHACCDENT ,51,000,000 X ` :A09300199 7/1/2007 7/1/2008 . EL DISEASE- EAEMPLD S1, 000, 000 - E.L. g5EA5E - POLICY LIMB 1$ 1, COO, 000 I DESCRIPTION OP CPERATOMSILOCATIOM =W1C ES1E%CLUSIONS ADDBD UY ENDORSEMENTIBPEOIAL PROVISIME CYRTGIYTwTC WMk nC I V I I ATTYYN CITY OF NEWPORT BEACH, ITS OFFICERS OFFICS Sp HWULDAMYOFTHEASOVEDESCMMDPOLMdEBBECAMCELLEDRE -0RETREEMM1101 ROTE iNEREpR THE ISSYIMG INSURER WILL ENDRAVRR 10 E11NL 30 DAYS WNTRM EMPLOYEES AND VOLUNTEERS NOTICE 70 THE CERIINCATE HOLDER HARED TO THE LEFT, WTFAILYRETODO 808NALL 3300 NEWPORT BOULEVARD, P.O. BOX 1768. IMPOSE NO OBLIGATION OR UAELOY OF ANY KMD UPON THE 1NKURER ITS AGEIDS OR NEWPORT BEACH, CALIFORNIA 9265E -8915 REPRESENTATIVES. AUTMOR¢EDREPRESERTATNE SOLY A214AR ACORD Z5417197) QAUORD CORPORATION 1935 Jul U1 U7 U�J:U4p Solt' Hsmar Usti sJUU J2u4 p.? WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORESEMENT WC 99 03 76 (00) POLICY NUMBER: A09300199 WAIVER OF RIGHTS TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA (BLANKET WAIVER) We have the right to recover our payment from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California worker's compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPSION City of Newport Beach, Its Officers Officials, Employees and Volunteers 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 ARMERCURY CASUALTY COMPANY 11 END.# D 19 This endorsement forms part of the policy shown below, all other terms and conditions of this policy remain unchanged. Policy No. AC 1 10E5E23 Effective Date 07/1w2_007 12:01 A.M. Named Insured : MEGA LIGHTING INC DBA MEGA'AIAi ENTERPRISES I1 IS AGREED AND UNDEW :,TOOD THAT THE FOLLOWING ARE LISTED AS ADDITIONAL INSUREDS ON ALL 1 HE VEHICLES COVERED Bl THIS POLICY: CITY OF NEWPORT BEACH, 11 OFFICERS, AGENTS, OFFICIALS. EMPLOYEES AND VOLUN I EEHS 3300 NEWPORT BLVD NEWPORT BEACH, CA 926-68 -891: PROJECT: COAST HIGHWAYS MEDIANS -PHASE I -B, CONTRACT NO. ;867 NEWPORTBEACH This agreement applies to this policy, or any continuation, renewal or replacement of this policy by the Named Insured, or the reinstatement within 30 days of any lapse thereof. U-44 111994 Producer PREMIER ONE INSURANCE SVCS 5041 INSURED COPY ARMERCURY CASUALTY COMPANY 11 END,# 018 This endorsement forms part of the policy shown below, all other terms and conditions of this policy remain unchanged. Policy No. AC Ilob5C23 Effective Date C'7 %I6/2007 12:01 A.M. Named Insured : MEGA", LIGHTING INC. UbA : MEGA WA ENTERP'RISCS W.AIVLH OF SUBROGATION IF REOUIRLD NY WRITTEN CONTRACT OR AGREEMENT, WE WAIVE API)' RIGHT OF RECOVERY WE MA)' HAVE AGAINST AN ENTIT) THAT IS AN ADDITIONAL INSURED PER THE TERMS OF THIS ENDORSEMENT BECAUSE OF PA PMLNTS WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF ")'OUR WORK" DONE UNDER A CONTRACT WITH THAT PERSON OR OhGANIZATION. This agreement applies to this policy, or any continuation, renewal or replacement of this policy by the Named Insured, or the reinstatement within 30 days of any lapse thereof. U -44 111994 Producer PREMIER ONE INSURANCE SVCS 5041 INSURED COPY Page 1 of 1 Oyler, Shauna From: Oyler, Shauna Sent: Thursday, July 26, 2007 4:31 PM To: 'John Rivas' Cc: Tran, Andy Subject: Mega Way Enterprises -Third Request I need a new certificate issued showing the General Liability policy number. It shoud match the endorsement. The endorsement needs the entire additional insured wording "City of Newport Beach, its Elected and Appointed Officers, Officials, Employees, Agents and Volunteers as well as the primary and non- contributory wording. I need an Auto endorsement showing the policy no. and the same additional insured wording. I also need the Workers' Comp "Waiver of Subrogation" endorsement. Please e-mail me the new docs as soon as possible. The City is very anxious to get the project started. 07/27/2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL COAST MEDIANS – PHASE 1 -B CONTRACT NO. 3867 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: PR1of6 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. 3867 in accord 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 Per Lufnp Sum i01 2. Lump Sum Prepare SWPPP Dollars and Cents Per L mp Sum 3. Lump Sum Traffic Control @ Dollars and Cents Per Lu p Sum 3,000 5 F 4.09'S Saw Cut and Remove 12" Thick PCC �jil� "mµ1 @ Dollars and Cents Per 6quare Foot $ 52 t- $ 7� po0 $ /bJ/ao $ ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT ,7�R8 S 5. A,3WS.F. 3, 100 F, 6. 1,268'S.F. r Saw Cut and Remove Existing AC Pavement, Aggregate Base, and Subgrade to Accommodate New 3' Planting aterial and Cents Per Squafe Foot PR2of6 TOTAL $ _ $ Saw Cut and Remove Existing AC Pavement, Curb, Bomanite, Aggregate Base and Subgrade to Accommodate New 3' Planting Material / and o Cents $ �'�! $ T ry Pe q r of 7. 6 Each Remove fisting Sign, Post, and Foundation @ a Dollars and 3'y Cents $ G $ Per Each 8. 1,100 L.F. Construct 8" PCC Curb including AC Patch Back pia and .60 Cents $ P r Li oot ' 9. 250 L.F. Jack and Bore 2" Schedule 40 PVC Sleeve to Accommodate Irrigation Control Conduit per Detail on Plans @ Dollars and 6 Cents $ �� $ ?)"foe) Per Linear Foot PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 250 L.F. Jack and Bore 4" Schedule 40 PVC Sleeve to Accommodate New 2" Water Service per Detail on Plans @�_; _Dollars and Cents Per Lin ar Foot 11. 2 Each Install CALTRANS Standard Sign @� ollars and .�� Cents Perms ° 12. 7 Each Install CALTRANS CA Type K -1 Marker, 6" x 12" Strip of Yellow Retroreflective Sheeting @ Dollars and Cents Per Each 13. Lump Sum Install Pavement Markings Per CALTRANS Traffic Manual @ Dollars and Cents Per Lumb Sum 14. 350 CY Provide and Install Select Fill @� Dollars and � Cents Per Cu is Yard 15. 26 Each Install Archontophoenix curminngfhamiana (King Palm) @ collars and Cents Per Each .4 yo $ 34 75-0 $ 7�a $ 7r $ S2 v 9�145'0 $oU $ tf6) 000 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 16. 44 Each Install Strelitzia reginae (Bird of Paradise) @ Dollars and Cents $ 7 q $ Per ach 17. 830 Each Install Agapanthus africanus, Peter Pan (Dwarf Lily of the Nile) @ A Dollars and Cents $ 910 Per Each 18. 165 Each Install Thulbaghia violacea (Society Garlic) @ Dollars and Cents Per Each 19. 13 Each Install Hemerocallis hybrid 'Black Suave' (Daylily) @ Dollars and Al Cents $ k " 7 $ 2 2 Per Each 20. 62 Each Install Hemerocallis hybrid 'Pink Chiffon' (Daylily) @ Dollars and Cents $ 1-7 $ 1 oS Per Each 21. 24 Each Install Hemerocallis hybrid 'Lemon Dip' (Daylily) @ Dollars and Cents $ �_ $ 40W Per Each PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 22. 1,007 L.F. Install 2" CL 315 Irrigation Main Line @ Dollars and c Cents Per Linear Foot 23. 3,450 S.F. Install Irrigation Heads and Laterals @ �Grr� Dollars and hl Cents $ Z $ 2;,976 Per re Foot 24. 11 Each Install 10' Round Plastic Control and Common Wire Pull Box @ Dollars and // Cents $ _` O _ $ 22-0 Per Each 25. 1 Each Install Ball Valve @ ' L Ilars and Cents $ 225� $ Per Each 26. 10 Each Install Quick Coupling Valve in Box @ i Dollars and o Cents $ $ Per G6ch 27. 5 Each Install Electric Remote Control Valve in Box @ t : Dollars and Cents $ $ Per Each ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE- 28. 3,450 S.F. Install 3" Layer of Mulch Dollars and - -�� —Cents Per S4ue# Foot 29. Lump Sum 90 Day Landscaping Maintenance @f , iDollars and ( Cents $ S j 00 Per Lump Sum 30. Lump Sum Contractor to Provide As -Built Corrected Plans in Autocao Format @ "Dollars and 140 Cents $ 3rs�f� Per Lump Sum GRAND TOTAL PRICE IN WRITTEN WORDS 2l_p IUo Date Idder's Telephone and Fax Numbers M 21 nq- aR 3 2 0 -1 Bidder's License No(s). and Classification(s) S 69, f 'D IUQObt tk Bidder's email addressJ $ 2,534 -� q0 Grand Total Price (Figures) Bidder Bidder's Address lars NJ and Title \SeS ,A C�Lkp FAUsers1PBVVGharedlContactsTY 06-071COAST HVVY MEDIANS PHASE 1B C386AC- omultant Rles1100% 64-071PROPOSAL 43558_64-0740c VO /[L /GUV/ 'Thu LG:UI TO: r WJVUL /VVa CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT O P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 v V (949) 644 -3312; FAX (949) 644- 3308 FAX COVER SHEET COMPANY: MEGA WAY ENTERPRISES ATTENTION: Estimators SUBJECT: Coast Hiahwav Medians Phase 1 -8 CONTRACT NUMBER: 3867 FROM: Tom Sandefur, P.E. Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Number of pages including cover sheet: COMMENTS: DATE: 6121/07 FAXED BY: T. Sandefur Attached is Addendum No. 1 for this project, to be followed by hardoopy in today's mail. Bids will be opened at 10:30 a.m. next Tuesday, June 26t". VU /e.a /LVV/ 1LaV a...Vl i[in �fV i /VV1 a T Page: 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT �IFpR� ADDENDUM NO. 1 COAST HIGHWAY MEDIANS — PHASE 1 -B CONTRACT NO. 3867 DATE: June 21, 2007 BY: Act' City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remains the same. PROPOSAL DELETE — Quantity 2,500 S.F. for ITEM 4 and REPLACE with 3,000 S.F. DELETE — Quantity 4,300 S.F. for ITEM 5 and REPLA E with 728 S.F. DELETE— Quantity 1,200 S.F. for ITEM 6 and REPLACE with 3,700 S.F. PLANS Sheet number 4 was plotted with the wrong Demolition Note. The attached reduced plan changes the Demolition Note 1 to Demolition Note 2. VV //.� /t.VVI •IlV ��. VV 111.] I�VV.II VV� Page. 2 of 2 Bidders must sign this Addendum No.1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment inn my Proposal. Oa fLSQ GtJCtUl 0�%7�+liQ <r&es QM f�uSf Bidd is Name (Please rant) fluserslpbuAshared\contracts%fy 06- 071c0&st hwy medians phase 1b o-38671addendum #1.doc 2 I W. 81.x` Fq F .P 6e ee c ag C z5 f£RNLEAf A4ERYE GOLOExRUD AVEN✓E EAST COAST HIGHWI vI :';`;:, es' B� ekC' P "Iyl1 F1,3 eB E GIC' F ` -CIE S S s _ # .5' 9R DMC EreGlnaewRc Td ♦•IAH)9A1.'n i. "x AJ31 Ilin.uVppK.YL nl Y.n'n'pu.fx�i R r� ' COLOfrvR]J A'TxuE WIAPMC ICLLE Hall op„ IQ NPAI4�WpM xuf L'POwq M11 ' ®MiRT'IYAU Mau Ap RGe 11. 9C:vwaprx ®ry ��YxoY�Y.l�mr�1 p to us ra�'.q w+a MYN07 ❑i wgRIFMCIf.Od OOAST HOWAY 6EDIANE• PHASE 1-B Cfh•OR NENT•IXR BEAGH R3819 rwucwgw CE➢NRNGwi .m4 v C C P f D C C 4 C n r c S m t C C A ,. McC9F'2�F INDEX y o O� FOR w No 38483 SPECIAL PROVISIONS Exp,3.3 -09 COAST HIGHWAY MEDIANS — PHASE 1 -B CIVIL �Q 9 OF CFt1.1FOP� CONTRACT NO. 3867 INTRODUCTION PART 1 --- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -8 RIGHT OF WAY 1 2 -9 SURVEYING 2 2 -9.3 Survey Service 2 2 -9.6 Survey Monuments 2 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 3 4-1 MATERIALS AND WORKMANSHIP 3 4-1.3 Inspection Requirements 3 4 -1.3.4 Inspection and Testing 3 SECTION 5 UTILITIES 3 5-2 PROTECTION 3 5-7 ADJUSTMENTS TO GRADE 3 5-8 SALVAGED MATERIALS 4 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 4 June 4, 2007 PUBLIC WORKS DEPARTMENT p py'— June 4, 2007 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 4 6 -2 PROSECUTION OF WORK 4 6 -7 TIME OF COMPLETION 5 6 -7.1 General 5 6 -7.2 Working Days 5 6 -7.4 Working Hours 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7 -7 COOPERATION AND COLLATERAL WORK 6 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 7 7.8.7 Disposal of Portland Cement Concrete and Asphalt Concrete Removed as Part of the Work 7 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 8 7 -10.3 Street Closures, Detours and Barricades 8 7 -10.4 Safety 9 7- 10.4.1 Safety Orders 9 7 -10.5 "No Parking" Signs 9 7 -10.7 Notices to residents and businesses 9 7 -15 CONTRACTOR'S LICENSES 10 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 10 9 -3 PAYMENT 10 9 -3.1 General 10 9 -3.2 Partial and Final Payment 14 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERALS 14 June 4, 2007 201 -1 PORTLAND CEMENT 14 201 -1.1.2 Concrete specified by class 14 201 -2 REINFORCEMENT FOR CONCRETE 14 201 -2.2.1 Reinforcing steel 14 SECTION 214 PAVEMENT MARKERS 15 214-4 Nonreflective Pavement Markers 15 214-5 Reflective Pavement Markers 15 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 15 300 -1 CLEARING AND GRUBBING 15 300 -1.3 Removal and Disposal of Materials 15 300 -1.3.1 General 15 300 -1.3.2 Requirements 15 300 -1.5 Solid Waste Diversion 16 SECTION 302 ROADWAY SURFACING 16 302 -5 ASPHALT CONCRETE PAVEMENT 16 302 -5.1 General 16 302 -5.4 Tack Coat 16 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 16 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 16 303 -5.1 Requirements 16 303 -5.1.1 General 16 303 -5.5 Finishing 16 303 -5.5.1 General 16 303 -5.5.2 Curb 16 SECTION 02810 LANDSCAPE IRRIGATION 17 1.01 Scope of work 18 1.02 Quality assurance and requirements 18 1.03 Submittals 18 1.04 Product delivery, storage and handling 22 1.05 Guarantee 22 2.01 Materials 24 June 4, 2007 3.01 Inspection 27 3.02 Preparation 27 3.03 Installation 28 3.04 Temporary repairs 30 3.05 Field quality control 30 3.06 Maintenance 31 3.07 Clean -up 31 3.08 Final observation prior to acceptance 31 3.09 Observation Schedule 33 SECTION 02900 LANDSCAPE PLANTING 32 1.06 Scope of Work 32 1.07 Quality assurance and requirements 32 1.08 Submittals 32 1.09 Product delivery, storage and handling 32 1.10 Job conditions 33 1.11 Samples and Tests 33 1.12 Guarantee and replacement 34 1.13 Materials 35 PART 3 - EXECUTION 1.14 Inspection 38 1.15 Preparation 38 1.16 Installation 38 1.17 Planting Installation 40 1.18 Clean -up 42 SECTION 02970 LANDSCAPE MAINTENANCE 43 1.19 Scope of Work 43 1.20 General Maintenance 43 1.21 Quality Assurance 44 1.22 Maintenance Phase 44 1.23 Start of Maintenance Phase 45 1.24 Guarantee and Replacement 45 1.25 Final Project Submittals 45 1.26 Maintenance 46 1.27 Tree and Shrub Care 46 1.28 Irrigation System 47 1.29 Final Acceptance 48 SECTION 310 PAINTING 48 310 -5 PAINTING VARIOUS SURFACES 48 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 48 June 4, 2007 310 -5.6.6 Preparation of Existing Surfaces 48 310 -5.6.7 Layout, Alignment and Spotting 48 310 -5.6.8 Application of Paint 48 SECTION 312 PAVEMENT MARKER REPLACEMENT AND REMOVAL 49 312 -1 PLACEMENT 49 PART 4 - -- CONSTRUCTION MATERIALS SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 49 400 -2 UNTREATED BASE MATERIAL 400 -2.1 General 400 -2.1.1 Requirements Last saved by adminsetup06 /0612007 9:37 AM f:\usm \pbw4ared\connac&s 06- 07\coast hwy medians phase 1b c- 3867\specs index c- 3867.doc June 4, 2007 49 49 49 SP 1 OF 49 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS COAST HIGHWAY MEDIANS PHASE 1 -B CONTRACT NO. 3867 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans R- 5919 -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. The work necessary for the completion of this contract consists of providing traffic control plans, removal and construction of median concrete curb, miscellaneous asphalt, signing and striping, landscape planting and irrigation, jacking and boring of sleeves, installation of conduits and wiring, and other incidental items not mentioned that are required by the Plans and Specifications. 2 -8 RIGHT OF WAY. The City shall provide a location for equipment and material storage at the Old School Lot located at the south west corner of 4`h Street and Dahlia (APN 459- 02 -19). Clean up and restoration of the Old School Lot to its original condition remain the responsibility of the Contractor. June 4, 2007 SP2OF49 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 is DMc Engineering. Owner Derek J. McGregor can be contacted at (949) 753 -9393. 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 the City 48- hours in 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 completeion 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. Electronic copies of plans will be provided to selected contractor for staking calculations purposes. All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Comer Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 June 4, 2007 SP3OF49 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction materials. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City- owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Orange County Sanitation District, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying June 4, 2007 SP4OF49 facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5 -8 SALVAGED MATERIALS. The contractor shall salvage all removed signs. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. 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 his/her original schedule and has demonstrated that he /she will be able to maintain his/her approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his/her overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -2 PROSECUTION OF WORK. The work schedule incorporates three (3) distinct construction phases. (1) Construction in and around Goldenrod Avenue; (2) Construction between Marguerite and Poppy; and (3) Installation of trees between Heliotrope and Marguerite. Contractor shall only be allowed to proceed with one phase at a time. Traffic control will only be allowed to be setup in one phase area at a time. Completion in order to begin the next phase shall be defined as the approved construction of curbs and the approved installation of landscaping and operational irrigation system. June 4, 2007 SP5OF49 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within sixty (60) consecutive working days after the date on the Notice to Proceed. " It shall be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 151 January 17th (Martin . Luther King Day), February 21st (President's Day), May 30th (Memorial Day), July 4th (Independence Day), September 5th (Labor Day), November 11th (Veterans Day), November 24th and 25th (Thanksgiving), December 24th and December 25th (Christmas), and December 31st (New Year's Eve)." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:00 p.m., Monday through Friday. The Contractor, his/her subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the City of Newport Beach and Contractor that $1,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." June 4, 2007 SP6OF49 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 Engineer 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 Engineer. The Engineer must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 - 3402.° 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "if the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, 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 http://www.citY.newport - beach.ca.us /pubworks /links. htm." June 4, 2007 SP7OF49 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 Engineer will monitor the adjacent storm drains and streets for compliance, failure of the Contractor to follow BMP will result in immediate cleanup by City forces and the back charging of the Contractor for all costs plus 15 percent. 7 -8.7 Disposal of Portland Cement Concrete and Asphalt Concrete Removed as Part of the Work. All Portland Cement Concrete and Asphalt Concrete encountered and removed as part of the Work shall be removed from the site and delivered to a recycling disposal facility. 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 and parking 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. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. At the end of each workday the contractor will adjust traffic control to provide two lanes of traffic and a parking area. No lane closure will be allowed overnight. Contractor shall maintain a minimum 3' clearance to any open trench adjacent to the travel lane, therefore the PCC curb shall be installed prior to removals. June 4, 2007 SP8OF49 The Contractor shall provide message boards stating "Major Road Construction on Coast Highway Corona Del Mar Use Alternate Route." Boards shall be located prior to the intersection of southbound Coast Highway and Jamboree, northbound Coast Highway and Newport Coast Drive, and westbound MacArthur Boulevard and San Joaquin Hill Road, to the satisfaction of the Engineer. The Contractor shall provide a traffic control plan for the unloading of landscaping trees, in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc 7 -10.2 Storage of Equipment and Materials 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. The City will provide a storage space for equipment and materials at the Old School Lot, Located at the south west corner of 0' Street and Dahlia (APN 459- 02 -19). Prior to move -in, the Contractor shall take photos of the City provided storage area. The Contractor shall restore the City provided storage 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, parking lot and sidewalk. The Contractor shall be responsible for processing and obtaining approval of 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. June 4, 2007 SP9OF49 5. On East Coast Highway, a lane closure nearest the construction area is allowed only between 9:00 a.m. to 4:00 p.m. on N/B ECH and 8:00 a.m. to 3:00 p.m on S/B ECH. For any proposed lane closures, a Traffic Control Plan will need to be submitted for review and approval by the City. 6. The Contractor will have available a street sweeper for onsite cleanup. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer 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 and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent businesses, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute 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- June 4, 2007 SP 10 OF 49 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 Engineer, 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 Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed 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, establishing a field office, and construction schedule, and all other related work as required by the Contract Documents. June 4, 2007 SP 11 OF 49 Item No. 2 Prepare SWPPP: Work under this item shall include, but not be limited to the preparation of the Storm Water Pollution Prevention Plan, Erosion Control Plans, implementation of the program, maintenance of all water pollution related equipment, inspections and reporting as required, meeting all requirements in the plans and specifications and all related details to protect the work site from storm water and non - storm water runoff pollution. Item No. 3 Traffic Control: Work under this item shall include providing the required traffic control including, but not limited to, plans, signs, delineators, traffic cones, barricades, arrow boards, flag persons, steel plates, notification of the affected businesses and residences, project signage, large message boards and all other work necessary to comply with the WATCH and the City of Newport Beach requirements for each of the three construction phases. Item No. 4 Saw Cut and Remove 12" Thick PCC: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcutting, excavation, removals, disposal, steel reinforcement removal and disposal, and other items as required to complete the work in place. Item No. 5 Saw Cut and Remove Existing AC Pavement, Aggregate Base and Subgrade to Accommodate New 3' Planting Material: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcutting, excavation, removals, disposal, compaction, and other items as required to complete the work in place. Item No. 6 Saw Cut and Remove Existing AC Pavement, Aggregate Base and Subgrade, Curb and Bomanite to Accommodate New 3' Planting Material: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, sawcutting, excavation, removals, disposal, compaction, and other items as required to complete the work in place. Item No. 7 Remove Existing Sign, Post and Foundation: Work under this item shall include the cost of all labor and equipment, including but not limited to excavation, removal of foundation reinforcement, disposal, and other items as required to complete the work in place. This item also includes the removal and disposal of reflective median markers. Item No. 8 Construct 8" PCC Curb: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, forms, reinforcement, finishing, epoxy bond AC Pavement Patch Back, and all other items as required to complete the work in place. Item No. 9 Jack and Bore 2" Schedule 40 PVC Sleeve to Accommodate Irrigation Control Conduit per Detail on Plans: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, pit, backfill, Schedule 40 PVC sleeve material, and all other items as required to complete the work in place. June 4, 2007 SP 12 OF 49 Item No. 10 Jack and Bore 4" Schedule 40 PVC Sleeve to Accommodate New 2" Water Service per Detail on Plans: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, pit, backfill, Schedule 40 PVC sleeve material, and all other items as required to complete the work in place. Item No. 11 Install CalTrans Standard Signs: Work under this item shall include the cost of all labor, equipment and materials to comply with specifications by CalTrans, and all other items as required to complete the work in place. Item No. 12 Install CalTrans CA type K -1 marker, 6" x 12" Strip of Yellow Retroreflective Sheeting: Work under this item shall include the cost of all labor, equipment and materials to prepare surfaces, apply markings, comply with CalTrans specifications, and all other items as required to complete the work in place Item No. 13 Install Pavement Markings per CalTrans Traffic Manual Markings: Work under this item shall include the cost of all labor, equipment and materials to comply with CalTrans specifications, and all other items as required to complete the work in place. Item No. 14 Provide and Install Select Fill: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, placement, sample and testing, and all other work items as required to complete the work in place. Item No. 15 Install Archonotophoenix Cunninghamannia (King Palm): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 16 Install Strelitzia Reginae (Bird of Paradise): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 17 Install Agapanthus Africanus, "Peter Pan" (Dwarf Lily of the Nile): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 18 Install Thulbaghia Voilacea (Society Garlic): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place.. June 4, 2007 SP 13 OF 49 Item No. 19 Install Hemerocallis Hybrid 'Black Suave' (Daylily): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 20 Install Hemerocallis Hybrid 'Pink Chiffon' (Daylily): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 21 Install Hemerocallis Hybrid 'Lemon Dip' (Daylily): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, soil amendments, and all other items as required to complete the work in place. Item No. 22 Install 2" CL 315 irrigation main line: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, pipe material, appurtenances required to make connections such as tees, laterals, elbows, etc., connections to main water line, and all other items as required to complete the work in place. Item No. 23 Install lirrigation Heads and Laterals: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, pipe material, appurtenance such as tees, elbows, etc, and other items as required to complete the work in place. Item No. 24 Install 10" Round Plastic Control and Common Wire Pull Box: Work under this item shall include furnishing and installing pull box, backfill, compaction, and all other work items as required to complete the work in place. Item No. 25 Install Ball Valve: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, pipe material, valve boxes, appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 26 Install Quick Coupling Valve in Box: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, pipe material, valve boxes, appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 27 Install Electric Remote Control Valve in Box: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, excavation, backfill, pipe material, electrical connections, valve boxes, appurtenances to make connection to irrigation water system, pulling of control and common wire to the valve locations and all other items as required to complete the work in place. June 4, 2007 SP 14 OF 49 Item No. 28 Install 3" Layer of Mulch: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, transportation, delivery, storage, placement, and other items as required to complete the work in place. Item No. 29 90 day Landscaping Maintenance: Work in this item shall include the cost of all labor, equipment and materials including, but not limited to, manpower, fertilizers, irrigation system inspection and operation, plant materials, supervision and all other items necessary to establish and maintain the landscaping for the entire maintenance period. Item No. 30 Contractor to Provide a Copy of As -built Corrected Plans in Autocad Format: Autocad version and drawing standards to be approved by the City prior to submittal. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 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." SECTION 214 - -- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." June 4, 2007 SP 15 OF 49 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this section: "All 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. 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." And replace the words 1-Y2 '/z 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. June 4, 2007 SP 16 OF 49 SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 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: "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." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property in a manner that matches the adjoining existing private property in structural section, texture and color." Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718 - 3402." June 4, 2007 SECTION 02810 LANDSCAPE IRRIGATION PART 1- GENERAL 1.01 SCOPE OF WORK: SP 17 OF 49 A. Furnish all labor, materials, appliances, tools, equipment facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of "Landscape Irrigation" complete, as shown on the drawings and /or described herein. B. Related work In other sections: 1. Landscape Planting 2. Landscape Maintenance 1.02 QUALITY ASSURANCE AND REQUIREMENTS: A. Permits and Fees: 1. The Contractor shall obtain and pay for any and all permits and all inspections as required. B. Manufacturers Directions: 1. Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in the contract furnish directions covering points not shown in the drawings and specifications. C. Ordinances and Regulations: 1. All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made 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 or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. D. Contractor Responsibilities: 1. A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in the English language. 2. The Contractor shall train each person in techniques for making correct solvent and rubber gasket joints prior to their performing work on the site. June 4, 2007 SP 18 OF 49 3. The Contractor shall protect work and materials from damage during construction and storage. Polyvinyl chloride, (PVC) pipe and fittings shall be protected from dirt and sunlight. 4. The Contractor shall assume responsibility for damage to existing construction and shall restore damaged property to the original condition to the satisfaction of the City . 5. The Contractor shall handle plastic pipe and fittings carefully and store undercover to avoid UV or other damage. 6. Immediately notify the City in case of discrepancies. 7. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re- installation of such areas until all discrepancies are resolved to the City's satisfaction. E. Site Safety: 1. Erect and maintain barricades, warning signs, lights and /or guards as necessary or required to protect all persons on the site. F. Explanation of Drawings: 1. Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are essentially diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. 2. All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. 3. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies exist that might not have been considered in the irrigation design. Such obstructions or differences should be brought to the attention of the City Inspector. In the event this notification is not performed, the irrigation contractor shall assume full responsibility for any revisions necessary to correct these discrepancies. 1.03 SUBMITTALS: A. Material List: 1. The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. June 4, 2007 SP 19 OF 49 No substitutions shall be allowed without prior written approval the City Inspector. 2. Submittals shall be provided within ten (10) working days from the award of the contract. The complete material list shall be submitted prior to the starting of any work. Catalog data and full descriptive literature shall be submitted. Although equipment on the plans may be different from the examples below, the following is a guide for proper submittal format: Item No Description Manufacturer Model Size(s) 1.Backflow Preventer Febco 860 2" 2.Pop -up Spray Head Rainbird 1806 NA 3. Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. B. Substitutions: 1. The contractor may submit proposed substitutions for equipment and materials listed on the irrigation plans in the following manner. The landscape contractor shall submit to the City Inspector for approval on a separate sheet of contractor's letterhead paper the following: a. A statement indicating the reason for making each individual proposed substitution(s). b. Provide descriptive catalog literature, performance charts and flow charts as required for each item the contractor proposes to substitute, including the sales /manufacturer's regional telephone number. C. Provide the amount of cost savings or overage if the proposed substitute item is approved. 2. Substituted equipment of materials installed or furnished without prior approval of the City Inspector may be rejected and the Contractor required to remove such materials from the site at his own expense. The City shall have the sole discretion in accepting or rejecting any proposed substitution. 3. No exception taken to any item, alternate or substitute indicates only that the product apparently meets the requirements of the drawings and specifications on the basis of the information or samples submitted. All items must meet or exceed these specifications. 4. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. 5. Manufacturer's warranty is required on any product offered. 6. If, in the opinion of the City, the substitution proves to be unsatisfactory, the Contractor shall remove such work and replace it with the originally specified item at the Contractor's own cost. June 4, 2007 SP 20 OF 49 C. Record Drawings: 1. The Contractor shall provide and keep up to date a complete "record" set of plans which shall be corrected daily and show every change from the original drawings and specifications and the exact locations, sizes and kinds of equipment. These drawings may also serve as work progress sheets and shall be the basis for measurement and payment for work completed. This set of drawings shall be kept on the site and shall be used only as a record set. 2. The Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed. These drawings shall be available at all times for inspection and shall be kept in a location approved by the City. 3. Before the date of the final inspection, at the end of the Maintenance Phase, the Contractor shall transfer all information from the record prints to sepia or photo mylar. The mylar may only be procured from the Landscape Architect via a bonded reprographics firm, which will pick up the original plans, print them and return the originals to the Landscape Architect's office. The cost of these prints shall be paid to the reprographics firm directly from the Contractor. All work shall be neat, drawn in waterproof ink by a technical ink pen designed specifically for use on mylar material. Work completed in felt tip pen or ballpoint pen shall be rejected because of the non - permanent nature of both devices. All work shall be subject to the approval of the City. 4. The Contractor shall verify the needs of the City Inspector or Local City Planning Department as to any requirements for city- required record drawings. The Contractor shall be responsible for providing all drafting and required plans on the required medium to the City Inspector as required. All costs for drafting services shall be borne by the Contractor. This includes all microfilm or other processes the city may deem necessary for record purposes to the satisfaction of the City. The Landscape Architect is not responsible, nor contracted for drafting Contractor record drawings. 5. The Contractor shall dimension from two (2) points of reference the location of the following items. The depth of each item shall also be indicated if required by the City or City. The minimum height of dimensions and/or notes shall be 1/8" unless otherwise directed by the City Inspector. Provide a "bar scale' on the plan. a. Water Point of Connection, (POC) b. Gate or ball valves C. Quick coupling valves d. Remote control valves e. Routing of pressure main line piping, (dimension max. 100' along routing) f. Routing of control and common wire June 4, 2007 SP 21 OF 49 g. Pull Boxes h. Other related equipment 6. On or before the date of the final inspection at the end of the Maintenance Phase, the Contractor shall deliver the corrected and completed mylar to the City Inspector. Delivery of the mylar will not relieve the contractor of the responsibility of furnishing required information that might have been omitted from the prints compiled at the site. The Contractor shall be fully responsible for correct record drawings. D. Controller Charts: 1. Record drawings shall be evaluated by the City Inspector before controller charts are prepared. 2. Provide one controller chart for each controller, unless otherwise directed by the City Inspector. 3. The chart shall show the area controlled by each automatic controller and shall be sized '/2" smaller than the controller door on all sides. 4. The chart is to be a reduced drawing of the actual record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable when the final controller chart is completed. 5. The chart shall be at least a 30# presentation bond copy. A differing color shall be used to indicate each valve and the same color used to identify the area of coverage for that valve. 6. When completed and approved, the chart shall be hermetically sealed by a plastic lamination process. The plastic laminating sheets shall each be a minimum of 20 mil. thick. 7. The charts shall be mounted using Velcro tape. 8. Controller charts shall be completed and approved prior to final inspection of the irrigation system. E. Operation and Maintenance Manuals: 1. Prepare and deliver to the City within ten calendar days prior to completion of construction, hard - covered three rings binders containing the following information: a. Index sheet stating Contractor's name, address and telephone number, list of equipment with name and addresses of local manufacturer's representatives. b. Catalog and parts sheets on every material and equipment installed under this contract. G. Guarantee statement d. Complete operating and maintenance instructions on all major pieces of equipment. e. Equipment list providing the following for each item: • Manufacturers name • Make and model number June 4, 2007 SP 22 OF 49 • Name and address of local manufacturer's representatives • Spare parts list in detail 2. Provide two (2) manuals, unless otherwise directed by the City Inspector. F. Equipment to be furnished: 1. Supply as a part of this contract the following tools and equipment: a. Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve installed under this contract. b. Two (2) five foot valve keys for operation of ball valves C. Two (2) keys for each automatic controller. d. One (1) quick coupling valve key for each five (5) quick coupling valves installed. 2. The above- mentioned equipment shall be turned over to the City at the end of the Maintenance Phase. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Handling of PVC Pipe and Fittings: 1. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle, which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new pipe. 1.05 GUARANTEE: A. The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions of these specifications, if any, shall be filed with the City or his representative prior to acceptance of the irrigation system. B. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. C. The beginning date of the one -year guarantee shall be from the written final acceptance date established by the City at the end of the Maintenance Phase. D. The guarantee form shown below shall be re -typed onto the Contractor's letterhead and contain the following information: June 4, 2007 SP 23 OF 49 GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have fumished and installed is free from defects in materials, equipment and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defects in material equipment or workmanship, which may develop during the period of one year from the date of acceptance. We also guarantee to repair or replace any damage resulting from the defects, or the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within a reasonable time as determined by the City after receipt of written notice form the City. All repair work shall be completed to the satisfaction of the City. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the City, we authorize the City to proceed to have said repairs or replacements made at our expense. We will pay the costs and charges therefore upon demand. Any temporary repairs made by others to keep the irrigation system operable, does not void or relieve the Contractor of his responsibilities during the guarantee period. PROJECT: ADDRESS: LOCATION: SIGNED: ACCEPTANCE: SIGNED: PHONE: June 4, 2007 SP 24 OF 49 PART 2 — PRODUCTS 2.01 MATERIALS: A. General: 1. Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. B. PVC Pressure Main Line Pipe and Fittings: 1. Pressure main line piping shall be PVC Class 315 for all pipe 2" and larger, and Schedule 40 for all pipes 1 -1/2" and smaller with solvent welded joints. 2. Pipe shall be made from NSF approved Type 1, Grade 1 PVC compound conforming to ASTM resin specification D 1784 or D 2241. All pipe must meet requirements as set forth in Federal Specification PS -21 -70 (Solvent -Weld Pipe) and meet requirements of Cell Classification 12454B. This compound shall have a 2,000 -PSI hydrostatic design stress rating. 3. PVC solvent -weld fittings shall be Schedule 40, 1 -2, 11 -1 NSF approved conforming to ASTM test procedure D 2466. 4. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of the type and installation methods prescribed by the manufacturer. 5. All PVC pipe must bear the following markings: a. Manufacturer's name b. Nominal pipe size C. Schedule or Class d. Pressure rating in PSI e. NSF (National Sanitation Foundation) approval f. Date of extrusion 6. All fittings shall bear the manufacture's name or trademark, material designation, size, applicable IPS schedule and NSF seal of approval. Fittings shall be standard weight Schedule 40, injection molded of PVC fitting compound which meets current ASTM D 1784 -69 and requirements described in Cell Classification 13454B. Threads required in plastic fittings shall be injection molded. Tees and ells shall be side gated. C. PVC Non - Pressure Lateral Line Pipe: 1. Non - Pressure buried lateral line pipe shall be PVC Class 200 with solvent -weld joints, ' /2" shall be Class 315. 2. Pipe shall be made from NSF approved, Type 1, Grade II PVC compound conforming to ASTM resin specification D1784. All pipe must meet requirements set forth in Federal Specification PS -22 -70 with an appropriate standard dimension ratio. 3. Except as noted in paragraphs 1 and 2 of this section, all requirements for non - pressure lateral line pipe and fittings shall be June 4, 2007 SP 25 OF 49 the same as that for solvent -weld pressure main line pipe and fittings. D. Threaded Nipples: 1. Threaded nipples shall be standard weight, schedule 80, grey, with molded threads. 2. Assemble threaded fittings using teflon tape applied to male threads only. E. Joint Primer: 1. Type as recommended by manufacturer of pipe. 2. Type IPS -P -70 or equivalent for Flex hose to PVC fittings. F. Joint Cement: 1. Solvent type as recommended by manufacturer. G. Ball Valves: 1. Shall be as specified on plans. H. Quick Coupling Valves: 1. Quick coupling valves shall have a brass two -piece body designed for working pressure of 150 PSI operable with quick coupler key. Key size and type shall be as shown on plans. 2. Hinge cover shall be of heavy -duty brass construction with a durable high quality locking yellow, (potable) or violet, (reclaimed) thermoplastic rubber cover bonded to it in such a manner that it becomes a permanent -type cover. 3. Locate valves within 12 inches of hardscape edge unless otherwise noted on plans. I. Electric Remote Control Valves: 1. Electric control valves shall be of the size and type shown on the drawings. 2. Unless otherwise noted on plan or construction details, all electric control valves shall have a manual flow adjustment. 3. Provide and install one control valve box for each electric control valve. 4. Provide and install Christy tags with valve sequence for each valve. 5. Contractor shall verify location of irrigation control and common wire with the City, and pull all wire to the proposed valve locations. J. Valve Boxes: 1. Ball Valves: Use 10" diameter x 10 -1/4" round boxes, Carson industries #910 -12B with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. 2. Electric Control Valves: Use 12 "x1 7 "x7" deep rectangular boxes, Carson Industries #1419A -12B with green bolt down cover or approved equivalent. Pull Boxes: Pull boxes shall be 10" top diameter, 13" bottom diameter and 10 -1/4" deep round box with lock bolt cover. Box shall be green in color. Identification numbers shall be branded onto the box lids in 2 -inch high letters and numbers. June 4, 2007 SP 26 OF 49 K. Control Wiring: 1. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG -UF 600 volt. Pilot wires sharing the same automatic controller shall be the same color. Common wire shall be white in color. Provide different colors for each controller installed on the same project. Install wire in accordance with valve manufacturer's specifications and wire chart. In no case shall wire size be less than #14. Wire sizes shall be 14 ga. up to 750', 12 ga. up to1200', 10 ga. up to 2,000' from valve to controller. 2. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible 3. Where more than one wire is placed in a trench, the wiring shall be secured together with vinyl cable ties at intervals of ten (10) feet, and placed under the pipe for protection from shovels. 4. An expansion curl shall be provided within three (3) feet of each wire connection. The expansion curl shall be of sufficient length at each splice connection at each electric control valve so that in case of repairs, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in the trench without stress or stretching of control wire conductors. 5. All splices shall be made with Scotch Lok, Connector Kings, or King "One- Step" wire connectors. Use one wire connector per wire splice. An expansion loop of 18 inches shall be provided at each wire connection and /or directional turn. 6. Field splices between the automatic controller and electric control valves will not be permitted without prior approval of the City Inspector. 7. All extra valve wires and the common wire shall extend from the controller to a pull box at the farthest valve location for future or spare wires. If more than one route is available for extra wires, contact the City Inspector for the number of extra wires to be run in differing directions. L. Sprinkler Heads: 1. All sprinkler heads shall be of the size, type and deliver the same rate of precipitation with the diameter (or radius) of spray, pressure and discharge in GPM as shown on the drawings. 2. All spray type sprinklers shall have a screw adjustment. 3. Riser /swing joint assemblies shall be fabricated in accordance with the irrigation construction details shown on the drawings. 4. Riser nipples for all sprinkler heads shall be the same size as the base opening in the sprinkler body. June 4, 2007 SP 27 OF 49 PART 3 — EXECUTION 3.01 INSPECTION: A. Site Conditions: 1. All scaled dimensions are approximate. The Contractor shall check and verify all site dimensions. 2. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damage to utilities that are caused by his operations or neglect. Check existing utility drawings or call utility companies for existing utility locations. 3. Coordinate installation of sprinkler irrigation materials, including pipe, so there shall be no interference with utilities, other construction or planting or trees, shrubs and ground covers. 4. The Contractor shall carefully check all grades to satisfy him that he may safely proceed before starting work on the sprinkler irrigation system. Verify that the specified depths for buried materials and equipment can be maintained. 5. Verify that landscape irrigation systems may be installed in accordance with all pertinent codes, regulations, design, reference standards and the manufacturer's recommendations. Any installation not in conformance with the above shall be removed and returned at the Contractor's expense. 6. Grades shall be within a tolerance of +/- 0.10 foot prior to installing irrigation systems. 3.02 PREPARATION: A. Physical Layout: 1. The irrigation lines as indicated on the drawings are diagrammatic. All piping and equipment shall be installed within the project boundaries, even if shown outside the boundaries on the drawings. Equipment or piping shown outside the boundaries on the drawings is for design clarity only. Install all piping and equipment within planting areas. 2. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. Install all materials and piping to avoid conflict with trees, shrubs, and all underground utility services. Contact the City Inspector immediately if obstructions prevent routing as denoted on plans. 3. Lay out irrigation emitters /heads and make any minor adjustments required due to differences between actual site conditions and the drawings. Adjustments shall be maintained within the original design intent and only after receiving approval from the City Inspector. Do not exceed the maximum or minimum spacing indicated by the manufacturer. June 4, 2007 SP 28 OF 49 B. Water Supply: 1. Sprinkler irrigation system shall be connected to water supply points of connection as shown on drawings. 2. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. 3.03 INSTALLATION: A. Trenching: 1. Dig trenches straight to support pipe continuously on bottom of the trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the drawings or as noted. a. Provide for a minimum of eighteen- (18) inches cover for all pressure supply lines. b. Provide for a minimum of twelve- (12) inches cover for all non - pressure lateral lines. C. Provide for a minimum of eighteen- (18) inches cover for all control wiring. d. Refer to civil engineer's plans for boring or trenching across paving or under streets. B. Backfilling: 1. The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth, stones, asphalt, concrete or other construction or organic debris such as plant refuse. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. 2. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one -half (112) inch in size will be permitted in the initial backfill. 3. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the City. C. Assemblies: 1. Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various assemblies), in such a manner as to conform to the details on the drawings. 2. Install no multiple assemblies on plastic lines. Provide each - assembly with it's own outlet. June 4, 2007 SP 29 OF 49 3. Install all assemblies specified herein in accordance with respective detail. In the absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with the best standard practice and with the manufacturer's specifications. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. 4. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape shall be used on male threads on all threaded PVC to PVC, and on all threaded PVC to brass pipe connections. Red lead and boiled linseed oil shall be applied to male threads on all galvanized pipe connections. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. 5. Open pipe or tubing ends shall be taped closed during installation to prevent any foreign matter from entering the system. D. Line Clearance: 1. All lines shall have a minimum clearance of six (6) inches from each other and from lines of other trades. Parallel lines shall not be installed directly over one another. In case of reclaimed water crossings, refer to local cross connection details and codes. 2. Place location tape 6" above all piping, low voltage and high voltage wiring. E. Remote Control Valves: 1. Install valves where shown on the drawings and per details. When grouped together, allow at least twelve (12) inches between valve boxes. Install each remote control valve in a separate valve box. Align boxes with adjacent paving in a neat manner, squared to the walk and each other. F. Flushing of System: 1. After all new sprinkler pipe lines and risers are in place and connected, and all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and a full head of water used to flush out the system. 2. Sprinkler heads shall be installed only after flushing of the system has been accomplished. G. Sprinkler Heads: 1. Install the sprinkler heads or emitters as designated on the drawings. Sprinkler heads and /or emitters to be installed in this work shall be equivalent in all respects to those itemized on the drawings. 2. Spacing of sprinkler heads and /or emitters shall not exceed the maximum as indicated on the drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. June 4, 2007 SP 30 OF 49 3.04 TEMPORARY REPAIRS: A. The City reserves the right to make temporary repairs as necessary to keep the sprinkler system equipment in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.05 FIELD QUALITY CONTROL: A. Adjustment of the System: 1. The Contractor shall flush clean and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways and buildings as much as possible. 2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting at the contractor's cost. Adjustments may also include changes in nozzle sizes and degrees of arch as required. 3. Lowering or raising of sprinkler heads by the Contractor shall be accomplished within five (5) days after notification by the City Inspector. 4. All sprinkler heads shall be set perpendicular to finished grade unless otherwise designated on the plan. B. Testing of Irrigation System: 1. The Contractor shall request the presence of the City Inspector at the intervals listed below in advance of any testing. 2. The Contractor shall provide "walkie- talkies' for communication from the review area to the controller location. 3. The Contractor shall provide current record drawings at each review. 4. Before testing mainlines, fill the lines with water for a period of at least 24 hours. 5. All hydrostatic mainline testing shall be completed prior to the installation of remote control valves, quick couplers, or other valve assemblies. 6. Test all pressure mainline pipes under hydrostatic pressure of 150 PSI and prove watertight. Testing of pressure main line piping shall occur prior to installation of electric control valves or quick coupling valves. 7. All piping under paved areas shall be tested under hydrostatic pressure of 150 PSI and proved water tight, prior to paving. 8. Sustain pressure in tested lines for not less than two (2) hours. If leaks develop, replace joints and repeat test until entire system is proven watertight. 9. All hydrostatic tests shall be made in the presence of the City Inspector. The test may be made in the presence of the General June 4, 2007 SP 31 OF 49 Contractor's superintendent only if written acceptance of the test is forwarded to the City and City Inspector immediately after testing. No pipe shall be backfilled until it has been observed, tested with all couplings exposed and all pipe sections center loaded, and approved in writing. 10. The Contractor shall furnish the force pump and all other test equipment necessary for the testing of the irrigation system. 11. The Contractor shall make all necessary provisions for thoroughly bleeding the line of air and debris. 12. When the sprinkler irrigation system is completed, perform a coverage test in the presence of the City Inspector, to determine if the water coverage for the planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviation from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate for field conditions. This test shall be accomplished before any groundcover or shrub material is planted. 13. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements to the satisfaction of the City Inspector. 3.06 MAINTENANCE: A. The entire sprinkler irrigation system shall be under full automatic operation prior to any planting. B. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction and Maintenance Phases or work. 3.07 CLEAN -UP: A. Clean up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage sustained on the work or others shall be repaired to original conditions. 3.08 FINAL OBSERVATION PRIOR TO ACCEPTANCE: A. The Contractor shall operate each system in its entirety for the City Inspector at the time of final observation at the end of the Maintenance Phase. Any items deemed not acceptable by the City Inspector shall be reworked to the complete satisfaction of the City Inspector. B. The Contractor shall show evidence to the City Inspector that the City has received all accessories, charts, record drawings and equipment as required before the final observation can occur. June 4, 2007 SP 32 OF 49 3.09 OBSERVATION SCHEDULE: The contractor shall be responsible to establish a schedule of observations with the City Inspector. SECTION 02900 LANDSCAPE PLANTING PART 1 -GENERAL 1.06 SCOPE OF WORK: A. Furnish all labor, materials, equipment, transportation, and services necessary to provide and install landscape planting as shown on the drawings and described herein. B. Related Work Specified In Other Sections: Landscape Irrigation Landscape Maintenance 1.07 QUALITY ASSURANCE AND REQUIREMENTS: A. Source Quality Control: 1. Arrange procedure for inspection of plant material with City Inspector prior to work. Should the contractor desire the City Inspector to inspect the plant material at the nursery prior to delivery, the Contractor shall notify the City Inspector one week prior to this requested inspection. The City Inspector shall invoice the Contractor for the inspection on an hourly basis, portal to portal, including any other expenses incurred. All such invoices shall be paid to the City Inspector prior to any other inspections by the City Inspector to the project site. 2. Submittal of pictures shall not be considered as a final inspection of plant material. Final acceptance or rejection of plant material shall only be considered on -site with the actual plant material being considered. 1.08 SUBMITTALS: A. Certificate of Inspection of plant material by State or Federal Authority shall be presented if requested by the City. 1.09 PRODUCT DELIVERY, STORAGE AND HANDLING: June 4, 2007 SP 33 OF 49 A. Delivery: 1. Deliver fertilizer to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. 2. Deliver plants with legible identification labels. a. Label trees, evergreens, bundles of containers of like shrubs, or groundcover plants. b. Use durable waterproof labels with water - resistant ink, which will remain legible for at least 60 days. 3. Protect plant material during delivery to prevent damage to root ball or desiccation of leaves. 4. The Contractor shall notify the City Inspector forty eight (48) hours in advance of delivery of all plant materials and shall submit an itemized list of the plants. B. Storage: 1. Store plant material in the shade and protect from the weather. 2. Maintain and protect plant material not to be planted within four (4) hours. C. Handling: 1. Do not drop plant materials. 2. Do not pick up container plant material by stems or trunks. 1.10 JOB CONDITIONS: A. Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted industry practice. 1.11 SAMPLES AND TESTS: A. The City reserves the right to take and analyze samples of materials for conformity to specifications at any time. Rejected materials shall be immediately removed from the site at the Contractor's own expense. The cost of testing of materials not meeting specifications shall be paid by the Contractor. B. The Contractor shall have soil samples tested after finish grades have been established to best represent the site soil conditions. Surface samples shall be taken with a trowel at 0" to 12" deep into finish grade. Should sub - surface samples be requested, these shall be taken at a depth of 30" to 36" into finish grade. All samples shall be tested by an established soils laboratory for soil fertility and agricultural suitability. Each sample shall contain approximately one quart, but no less. Copies of the laboratory's recommendations shall be sent to the City and the City Inspector upon receipt by the Contractor with a statement denoting and additional or deductive costs. The Contractor shall then install soil amendments and backfill to conform to the soil laboratory's recommendations by first requesting and receiving a written change order June 4, 2007 SP 34 OF 49 from the City. This report shall also contain recommendations for palm tree sub -soil drainage, import soil for over native soil, and /or any other special conditions particular to the project site and design. Special consideration should be given the soil samples for the presence of soil sterilants as the planting areas were prior under paving. The City may request additional testing of finish grades to determine actual amendment rates per 1.06 A above. The contractor shall include the plant list from the Planting plans along with the soil samples for compatibility comparison by the soils laboratory. C. The Contractor shall furnish to the City a soils Argonomic report for planting backfill. 1.12 GUARANTEE AND REPLACEMENT: A. All plant material installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and /or workmanship for a period of one (1) year from the effective date of completion of the Maintenance Phase of the project as established by the City. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the City Inspector, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the City. B. Any materials found to be dead, missing or in poor condition during the Maintenance Period shall be replaced immediately. The City Inspector shall be the sole judge as to the condition of the material. C. The guarantee form shown below shall be re -typed on the Contractor's letterhead and contain the following information: GUARANTEE FOR TREES We hereby guarantee that the trees we have furnished and installed are free from diseases, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tear, and unusual abuse, or neglect excepted. We agree to replace any tree not thriving, including amendments and supports during the period of one year from date of acceptance and also to repair or replace any damage resulting from the replacing of such trees at no additional cost to the City. We shall make such repairs or replacements within 72 hours after receipt of written notice. In the event of our failure to make such repairs upon written notice from the City, we authorize the City to proceed to have said repairs or replacements made at our expense and we will pay the costs and charge therefore upon demand. PROJECT:- LOCATION: AGENCY SIGNED: (Contractor) ADDRESS: Date of Acceptance: PHONE: June 4, 2007 SP 35 OF 49 PART 2 — PRODUCTS 1.13 MATERIALS: A. The following organic and soil amendments and fertilizer are to be used for bidding purposes only. Specific amendments and fertilizer specification will be made after grading operations are complete and soil samples are tested by the Contractor. B. All materials shall be of standard, approved and first grade quality and shall be in prime condition when installed and accepted. Any commercially processed or packaged material shall be delivered to the site in the original unopened container bearing the manufacturer's guaranteed analysis. Contractor shall supply the City Inspector with a sample of all supplied materials accompanied by analytical data from an approved laboratory source illustrating compliance or bearing the manufacturer's guaranteed analysis upon request. C. Organic Material: 1. Nitrogen Stabilized: 0.56 to 0.84% N based on dry weight for redwood sawdust. 2. Particle Size: 95% -100% passing 6.35mm standard sieve; 80 %- 100% passing 2.33mm standard sieve. 1 Salinity: The saturation extract conductivity shall not exceed 3.5 milliohms /centimeter at 25 degrees centigrade as determined by saturation extract method. 4. Iron Content: Minimum 0.08% dilute acid soluble Fe on dry weight basis. 5. Ash: 0 -6.0% (dry weight). D. Soil Amendments: 1. Gypsum: Agricultural grade produce containing 98% minimum calcium sulfate. 2. Planting tablets: a. Slow- release type, containing the following percentages of nutrients by weight: 20% nitrogen 10% phosphoric acid 5% potash b. 21 gram tablets as manufactured by Agriform or approved equivalent, applied per manufacturer's recommendations. E. Top Soil: 1. Topsoil, as required, shall be obtained from on -site planting excavations if at all possible. 2. Topsoil shall consist of a natural, fertile, friable, sandy loam soil possessing the characteristics of representative soils in the vicinity, which produce heavy growth of crops, grasses, or other vegetation and shall be obtained from 'natural well- drained areas. Before removal of the topsoil, the surface at the source of supply is to be June 4, 2007 SP 36 OF 49 stripped to a depth of two inches in order to remove weed seeds, roots, etc. Imported topsoil shall consist of either fine sand or loamy sand textured soil meeting the following specifications: Silt plus clay content of the soil shall not exceed 30% by weight with a minimum 95% passing the 2.0- millimeter sieve. The sodium absorption ratio (SAR) shall not exceed 6 and the electrical conductivity (ECe) of the saturation extract of the soil shall not exceed 3.0 milliohms /centimeter at 25 degrees Centigrade. The boron content of this soil shall be no greater that 1 ppm as measured on the saturation extract. The pH shall not exceed 7.0 and be not less than 6.0. In order to insure conformance, samples of the import soil shall be submitted to a qualified soil laboratory for analysis prior to shipping. This specification applies to import soil to be used for backfill purposes in problem soil areas. In landscape areas where no soil problems exist, the textural characteristics shall be similar to native soil. The source of soil shall be free from Bermuda grass and other noxious weeds or grasses. Topsoil shall be free from refuse, heavy roots, clay lumps, stones larger than one inch in size, noxious weeds, sticks, brush, litter and other deleterious substances. In no case shall there be more than five percent by volume of the following: stones larger than one inch, coarse sand, and small clay lumps. The Contractor shall furnish the City with the proposed source or sources of topsoil to be used at least fifteen (15) working days prior to delivery. The Contractor at his own expense, shall obtain soil samples from his intended topsoil source and have a soil analysis performed by a soil testing laboratory to ensure conformity with the preceding specifications. Contractor shall furnish the City a soils report for any backfill used on the project. Topsoil shall not be delivered to the work site prior to approval by the City. Any delay caused by the failure of soil tests to meet these specifications shall be the sole responsibility of the Contractor. Contractor shall be responsible for imported soil in all median planter beds shall be installed so that the finish surface is three inches (3 ") from the adjacent top of curb elevations. F. Plant Material: 1. Plants shall be in conformance with the California State Department of Agriculture's regulation for nursery inspections, rules and rating. All plants shall have a normal habit of growth and shall be sound, healthy, vigorous and free of insect infestations, plant diseases, sunscalds, fresh abrasions of the bark, excessive abrasions, or other objectionable disfigurements. Tree trunks shall be sturdy and well "hardened" off. All plants shall have normally well - developed branch systems, not sparse, irregularly spaced, thin June 4, 2007 SP 37 OF 49 branched or having off - balanced head. All shall have vigorous and fibrous root systems that are not root or pot- bound. The root conditions of the plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than two plants of each species or variety. Where container -grown plants are from several sources, the roots of not less than two plants of each species or variety from each source will be inspected. In case the sample plants inspected are found to be defective, the City Inspector reserves the right to reject the entire lot or lots of plants represented by the defective samples. The City is the final judge of acceptability. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will be provided at the expense of the Contractor. 2. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock or as specified in the drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform to the measurements, specified on the drawings. Plants larger in container size than specified may be used with the approval of the City Inspector. But the use of larger plants will make no change in contract price. If the use of larger plants is approved, the ball of earth or spread of roots for each plant will be increased proportionately. 3. Rejection or substitutions: a. All plants not conforming to the requirements herein specified, shall be considered defective and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site of the work and replaced with new plants at the Contractor's expense. The plants shall be of the species, variety, size and condition specified herein or as shown on the drawings. Under no conditions will there be any substitution of plants or sizes listed on the accompanying plans, except with the expressed written consent of the City Inspector. 4. Pruning: a. At no time shall plant materials be pruned, trimmed or topped prior to delivery. Any alteration of their shape shall be conducted only with the approval and when in the presence of the City Inspector. 5. Plant material shall be true to botanical and common name and variety as specified in, "A Checklist of Woody Ornamental Plants in California," Manual 32, published by the University of California School of Agriculture (1963). 6. Nursery Grown and Collected Stock: a. Grown under climatic conditions similar to those in locality of the project. June 4, 2007 SP 38 OF 49 b. Container -grown stock in vigorous, healthy condition not root -bound or with root system hardened off. C. Use only liner stock plant material that is well established in removable containers or formed homogeneous soil sections. 7. Substitute plant material will not be permitted without specific written approval by the City Inspector. G. Mulch Cover: 1. All shrub planting shall receive a surface layer of nitrogen fortified shredded tree and plant material mulch. Aguinaga Forest Floor 0% 2" Provide depth of 2" minimum over finish grade in general planting areas, thinning to two inches (2 ") at edges. No bare earth shall be showing through mulch cover. Curbs, walks, or other paving shall be located 1" over the top of the mulch cover. H. Miscellaneous Materials: 1. Sand: a. Washed plaster sand or equivalent. 2. Herbicides: a. Pre - emergent herbicide: Ronstar or equivalent b. Post - emergent herbicide: Round -up or equivalent PART 3 — EXECUTION 1.14 INSPECTION: A. Verify that final grades have been established prior to beginning planting operations. B. Inspect trees, shrubs, and liner stock plant material for injury, insect infestation and trees and shrubs for improper pruning. C. Do not begin planting until irrigation mainline pressure test and irrigation coverage tests are accepted. 1.15 PREPARATION: D. Stake out locations for plants and outline of planting beds on the ground with non -toxic substance as gypsum. E. Do not begin excavation until plant locations and plant beds are acceptable to the City Inspector. 1.16 INSTALLATION: Excavation for Planting: 1. Pits and Trenches: a. Shape: 1. Dig vertical sides and flat bottom on all pits and trenches. June 4, 2007 SP 39 OF 49 2. Plant pits to be square for box material, and circular for canned material. b. Size: 1. All shrub plant pits for shrubs shall be dug twice the diameter and the exact depth of the root ball. 2. Refer to the plans for the size of palm tree plant pits. G. Preparation of Planting Areas: 1. The area to be planted shall be deep- ripped to a depth of twelve (12) inches. The deep ripping shall be done in a cross pattern, after the site has been rough graded, and prior to spreading soil amendments and conditioners. All rocks which are greater than two inches in diameter, measured at their largest diameter, shall be removed from the top two (2) inches of the ripped area. At the completion of the deep- ripping operations, the areas to receive topsoil and /or soil conditioners shall be brought to a smooth, uniform surface free of ruts, furrows and other irregularities. Accidental swales and mounds shall be limited to one -inch vertical deviation from a regular surface. Do not condition soil on slopes over 3:1 2. After approximate finished grades have been established, soil shall be conditioned and fertilized. Actual materials and rates shall be determined by the soil laboratory recommendations. The following materials and rates are included for bidding purposes only. Once the soils report has been reviewed and bid costs adjusted accordingly, the City shall issue a field notification for the actual amendments, rates, and manner of installation. For bidding purposes only, Nitrogen stabilized organic amendment, ammonium phosphate and gypsum shall, at the following rates, be uniformly spread and cultivated thoroughly by means of mechanical tiller into the top 6" of soil. a. Planting Beds: 1. Nitrogen stabilized organic amendment: 4 cu. yds. per 1,000 sq. ft. 2. Commercial fertilizer 12- 12 -12: 15 lbs. per 1,000 sq. ft. 3. Agricultural gypsum: 200 lbs. per 1,000 sq. ft. b. Tree and Shrub Backfill: 1. 6 parts by volume on -site soil 2. 4 parts by volume nitrogen stabilized organic amendment 3. 1 lb. 12 -12 -12 fertilizer per cu. yd. 4. 10 lbs. agricultural gypsum per cu. yd. 5. 2 lbs. iron sulfate per cu. yd., (keep from all hard surfaces, as iron sulfate can stain) June 4, 2007 SP 40 OF 49 3. All soil areas shall be compacted and settled by application of heavy irrigation to a minimum depth of twelve (12) inches. H. Final Grades: 1. After the foregoing specified deep watering, minor modification to grade may be required to establish the final grade. These areas shall not be worked until the moisture content has been reduced to a point where working it will not destroy soil structure. a. Finish grading shall insure proper drainage of the site. b. All areas shall be graded so that the final grades will be 3" below adjacent paved areas, sidewalks, and valve boxes. C. Eliminate all erosion scars. d. At time of planting, the top two (2) inches of all areas to be planted or seeded shall be free of stones, stumps, or other deleterious matter one (1) inch in diameter or larger, and shall be free from all wire, plaster, or similar objects that would be a hindrance to planting or maintenance. e. Finish grading shall be consistent and free from undulations, irregularities or depressions. Areas filled by floating loose soil into depressions shall be thoroughly watered to ensure compaction. I. Dispose of Excess Soil: 1. Dispose of unacceptable or unused excess soil off -site in a manner consistent with local codes. J. Maintenance of Final Grades: 1. It shall be the responsibility of the Contractor to maintain the final grades throughout the Construction Phase. All erosion shall be properly repaired at the Contractor's own cost to the City's satisfaction. Any slope soil nun -off onto adjacent paving areas shall be cleaned regularly by the Contractor. 1.17 PLANTING INSTALLATION K. General: 1. Actual planting shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted practice, as approved by the City Inspector. 2. Only as many plants as can be planted and watered on that same day shall be distributed in a planting area. 3. Containers shall be opened and plants shall be removed in such a manner that the ball of earth surrounding the roots is not broken. The plants shall be planted and watered as herein specified immediately after removal from the containers. Containers shall not be opened prior to placing the plants in the planting area. L. Weed Control: 1. After soil preparation and establishment of final grades prior to any planting, the Contractor shall irrigate thoroughly for a period of June 4, 2007 IN N June 4, 2007 SP 41 OF 49 time, two to three weeks, until the weed seeds have germinated. When there is sufficient weed seed germination, the Contractor shall apply a post- emergent contact herbicide according to the directions of the manufacturer, conforming to any and all codes affecting herbicide handling and use. 2. The contractor shall then wait an additional two (2) weeks to allow the herbicide to dissipate, then plant as indicated in the plans and specifications. 3. The Contractor shall remove any residual foliage. Roots shall be removed except on slopes 2:1 or greater where they shall remain to add to the slope's stability. 4. The City shall be made aware of the scheduling impacts of the weed abatement period prior to starting landscape work. Lay -out of Major Plantings: 1. Locations of plants and outlines of areas to be planted shall be marked on the ground with gypsum by the Contractor before any plant pits are dug. All such locations shall be approved by the City Inspector. If an underground construction or utility line is encountered in the excavation of planting areas, notify the City immediately to clarify if the utility line is dangerous. Other locations for planting may be selected by the City Inspector. Planting of Trees and Shrubs: 1. Excavation for planting shall include the stripping and stacking of all acceptable topsoil encountered within the areas to be excavated for trenches, tree holes, plant pits and planting beds. 2. Excess soil generated from the planting holes and not used as backfill or in establishing the final grades shall be removed from the site in a manner consistent with all local codes. 3. Protect all areas from excessive compaction when trucking plants or other materials to the planting site 4. All excavated holes shall have vertical sides with roughened surfaces. 5. Center plant in pit or trench. 6. Face plants with fullest growth into prevailing wind, unless other wise directed by the City Inspector. 7. Set plants plumb and hold rigidly in position until soil has been tamped firmly around root ball. 8. All plants, which settle deeper than specified above, shall be raised to the correct level. After the plant has been placed, additional backfill shall be added to the hole to cover approximately one -half of the height of the root ball. At this stage, water shall be added to the top of the partly filled hole to thoroughly saturate the root ball and adjacent soil. 9. Can Removal: a. Cut cans on two sides with an acceptable can cutter. b. Do not injure root ball. SP 42 OF 49 C. Do not cut cans with a spade or ax. d. Carefully remove plants without injury or damage to the root ball. e. After removing the plant, superficially cut edge -roots with a knife on three sides. 10. Box Removal: a. Remove bottoms of plant boxes before planting b. Remove sides of box without damage to root ball after positioning plant and partially backfilling. 11. Hand backfill and hand tamp leaving a slight depression around bases of plants. a. After the water has completely drained, planting tablets shall be placed as indicated on the manufacture's specifications. 12. Backfill the remainder of the hole. 13. Planting tablets shall be set with each plant on the top of the root ball whole the plants are still in their containers so the required number of tablets to be used in each hole can be easily verified. 14. Pruning: a. Pruning shall be limited to the minimum necessary to remove injured twigs and branches and to compensate for loss of roots during transplanting, but never to exceed one - third of the branching structure. 15. Staking and Guying: a. Staking of all trees shall conform to tree staking and tree guying details. b. One tree of each size shall be staked and approved by the City Inspector prior to continued staking. 1.18 CLEAN -UP O. After all planting operations have been completed; remove all trash, excess soil, empty plant containers and rubbish from the property. All scars, ruts or other marks in the ground caused by this work shall be repaired and the ground left in a neat and orderly condition throughout the site. The Contractor shall pick up all trash resulting from this work no less frequently than each Friday before leaving the site, once a week, and /or the last working day each week throughout the Construction Phase. All trash shall be removed completely from the site. P. The Contractor shall leave the site area broom -clean and shall wash down all paved areas within the contract area, leaving the premises in a clean condition throughout the Construction Phase. June 4, 2007 SECTION 02970 LANDSCAPE MAINTENANCE PART 1 — GENERAL 1.19 SCOPE OF WORK: SP 43 OF 49 A. Furnish all labor, materials, transportation, and services necessary to provide landscape maintenance to the project as described herein. B. Related Work Specified In Other Sections: 1. Landscape Irrigation 2. Landscape Planting 1.20 GENERAL MAINTENANCE: A. The length of the maintenance period shall be sixty (60) days. The 60- day maintenance period will not commence until all planting has been approved in writing by the Engineer following a minimum of 30 -day plant establishment period. B. Following the 30 -day plant establishment period, the Contractor must arrange for a site inspection with the City. Any plant material not in a healthy growing condition must be repaired or replaced to the satisfaction of the Engineer before the 60 -day maintenance period shall begin. C. Maintenance of plant materials shall include, but not be limited to. Trimming, pruning, watering, fertilization, weed control, cultivation, pest control and clean up. The Contractor shall keep the site in a state of perpetual growth and repair. Irrigation maintenance shall include periodic operation of the system, adjustments, and minor repairs as necessary. D. All hardscape shall be kept clear of debris from the maintenance operations, erosion, run -off, irrigation, or wind blown debris. Clean up of walks shall be the Contractor's responsibility. Street gutters shall be included within the debris /siltation removal program. E. The Contractor shall provide a general clean -up operation at least once a week for the purpose of removing trash or debris which may accumulate from the use of the area, wind blown debris, or other refuse. F. All personnel on the project shall be well trained, clean, neat at all times, and be conversant with these specifications. G. All work shall be performed in accordance with the best landscape maintenance practices and in keeping with the high aesthetic level of the facilities being maintained. H. Contractor shall be responsible for removing all weeds in joints of curbs, and hardscape throughout the project. I. All landscape areas shall be patrolled weekly to check for vandalism damage, broken tree branches, rodents, insects, pests, and diseases. June 4, 2007 SP 44 OF 49 J. Water management: 1. Water only as required to allow penetration into the soil and avoid excess run -off. Once plant material is established, water only as needed to maintain healthy plant material. 2. Avoid water waste by setting controllers appropriately for the current season and weather. K. Avoid blocking the clear view of signs, illumination of light fixtures, and conflict with pedestrians and vehicles or their views. L. Safety of users shall be a prime goal of maintenance especially in regard to pruning of trees and trimming of plants away from walkways and /or structures. M. The Contractor, at his own expense, shall replace all plant material that has failed during the maintenance phase. N. The Contractor will be relieved from maintenance work when the plant establishment and maintenance work has been completed to the satisfaction of the Engineer. 1.21 QUALITY ASSURANCE: A. Work Force: 1. The Contractor's representative shall be experienced in landscape maintenance and shall have received an education in ornamental horticulture. The Contractor shall give his personal supervision to the work or shall have a competent foreman on the job site at all times during progress of the work. 2. The Contractor shall provide and maintain a current list of emergency telephone numbers for 24 -hour emergency response. The Contractor shall initiate remedial action within two (2) hours from the time of notification. 1.22 MAINTENANCE PHASE: A. The Contractor shall continuously maintain all areas involved in this contract during the progress of the work and during the Maintenance Phase until final acceptance of the work by the City. B. Improper maintenance, poor condition, of plants or incorrect species or variety of any plantings as determined by the City Inspector, during or at the end of the scheduled maintenance period may cause postponement of the final completion date of the contract. Project maintenance shall be continued by the Contractor until all work is acceptable to the City. C. Projects will not be segmented into separate Maintenance Phases unless specific work phases are indicated with the contract documents. D. Any period of time the Contractor fails to adequately maintain plantings, replace unsuitable or incorrect plants, perform weed control or other work, June 4, 2007 SP 45 OF 49 as determined by the City, that time will not be credited to the plant maintenance period, and shall be added on the end of the Maintenance Phase. E. The Contractor's maintenance period shall be extended to the City's satisfaction should the provisions within these plans and specifications not be fulfilled to the City's satisfaction. 1.23 START OF MAINTENANCE PHASE: A. The Maintenance Phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete and only after a 30 -day plant establishment phase. B. The Contractor shall request an inspection to begin the Maintenance Phase after all planting and related work has been completed in accordance with the contract documents. If such criteria are met to the satisfaction of the City, a field notification shall be issued to the Contractor from the City, to establish the effective beginning date of the Maintenance Phase. The City has the ultimate authority in setting the beginning date for the Maintenance Phase. 1.24 GUARANTEE AND REPLACEMENT: A. All plant material installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and /or workmanship for a period of one year. This guarantee shall begin from the date of final acceptance at the end of the Maintenance Phase as established by the City. Any plant material found to be dead, missing, of incorrect specie or variety, or in poor condition as determined by the City Inspector, shall be replaced by the Contractor at his expense. B. Any materials found to be dead, missing, of incorrect species or variety, or in poor condition as determined by the City Inspector, during the Maintenance Phase shall be replaced immediately, not at the end of the Maintenance Phase prior to inspection. The City Inspector shall be the sole judge as to the condition of material. Material to be replaced within the guarantee period shall be replaced by the Contractor within seven (7) days. 1.25 FINAL PROJECT SUBMITTALS: A. Prior to the date of the final inspection at the end of the Maintenance Phase, the Contractor shall acquire from the City Inspector mylar prints at the Contractors expense, and record from the job record set all changes made during construction, label as "Record Drawings ", and deliver to the City. Prior to the date of final inspection at the end of the Maintenance Phase, the Contractor shall deliver to the City the "Landscape and Irrigation Guarantee' as required. All other submittals as incorporated in June 4, 2007 SP 46 OF 49 the Irrigation and Planting Specifications shall also be completed prior to the final acceptance by the City. PART 3 — EXECUTION 1.26 MAINTENANCE: A. Maintenance shall conform to the following standards: 1. All areas shall be kept free of debris and all planted areas shall be weeded and cultivated at intervals of not more than seven (7) days. Watering, edging, trimming, fertilization, spraying and pest control, as may be required, shall be included in the maintenance period. 2. The Contractor shall be responsible for maintaining adequate protection of the entire project area. Damaged areas caused by erosion, tire damage, grafitti, pests or other damage as deemed by the City shall be repaired at the Contractor's expense. 3. All sidewalks, paved areas and other areas adjacent to the planting areas shall be cleaned of all debris, soil, or other materials at intervals of not more than seven (7) days. 1.27 TREE AND SHRUB CARE: B. Watering: 1. Maintain a large enough water basin around plants in groundcover areas so that enough water can be applied to establish moisture through the major root zone. When hand watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering. C. Pruning: 1. Shrubs: a. Shrubs shall not be clipped in balled or boxed forms unless such is required by the design. b. All burning cuts shall be made to lateral branches or buds or flush with the trunk. Stubbing will not be permitted. C. Remove any spent blossoms or flower stalks after flowering. d. Hedges and most plant masses shall be pruned into a mass form, not individual plant balls or boxes. D. Weed Control: Keep basins and areas between plants free of weeds. Use recommended legally approved pre- emergent herbicides and removal by hand methods. Avoid frequent soil cultivation that destroys shall roots. Use mulches to help prevent wee seed germination. Avoid post- emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. June 4, 2007 SP 47 OF 49 2. Use of chemical spraying may be necessary to rid turf areas of noxious weeds. E. Insect Control: 1. Maintain a reasonable control with approved materials and methods that are legally accepted in the area. F. Disease and Pest Control: 1. The Contractor shall be responsible to control all diseases and pests during the Maintenance Phase. All disease and pest control materials and methods shall be at the direction of a licensed pest control operator. The City shall be made aware of all methods and materials to be used for disease and pest control. The Contractor shall implement the control measures exercising extreme caution in using pesticides and taking all necessary steps to ensure the safety of the public. G. Fertilization: 1. Fertilize all planting areas with the following materials. These materials and schedules are intended for bidding purposes only. Actual materials and rates shall be specified in the project soil fertility and agricultural suitability report. Any changes in cost from these specifications shall be approved in writing from the City prior to any work. a. Beginning of Maintenance Phase: Ammonium sulfate 5 lbs. /1,000 sq.ft. b. End of first 30 days: Ammonium sulfate 5 lbs. /1,000 sq.ft. C. At additional 60 day periods: Granular Fertilizer 16 -6 -8 6 lbs. /1,000 sq.ft. 2. Avoid applying fertilizer to the root ball and base of main stem; rather spread evenly under plant to the drip line. Rates will vary from about a cup of nitrate fertilizer, (depending on nitrogen percentage) around a newly planted small plant, to about one -half (112) lb. of actual nitrogen per inch of trunk diameter measured four feet from the ground for mature trees. 1.28 IRRIGATION SYSTEM H. The Contractor shall check all systems for proper operation a minimum of once a month. Lateral lines shall be flushed out after removing the last sprinkler head or two at each end of the lateral as deemed necessary. All heads are to be adjusted as necessary for 100 %, head -to -head coverage. I. Set and program automatic controllers for seasonal water requirements. The Contractor shall adjust his watering schedule equal to the application rate each area is capable of receiving based on topography, soil type, plant material, season, and weather. Give City a key to controllers and instructions on how to turn off the system in case of emergency. June 4, 2007 SP 48 OF 49 J. Repair all damages to the irrigation system at the Contractor's expense. Repairs shall be made within one watering cycle. All replaced equipment shall match the equipment specified on the plans and specifications. 1.29 FINAL ACCEPTANCE K. The Contractor shall be aware that the landscape shall be in a vigorous and thriving condition prior to final acceptance. All plant material which may still be under stress from the Construction Phase shall at this time be rejected and replaced by healthy and vigorous plant material prior to final acceptance. L. All plant material shall have new growth trimmed neatly and all hardscape shall be cleaned prior to final acceptance. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at June 4, 2007 SP 49 OF 49 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW - AWAY' signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." SECTION 312 -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: "1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." June 4, 2007 BY TIM CRY COIMCN CRYOFNEWPONTBElO !UL 10 Y!"fi ' � , a ii i r 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT M (W f !0. ao01) C- �%-7 Agenda Item No. 9— July 10, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Mike Sinacori 949 -644 -3342 or msinacod @city.newport- beach.ca.us SUBJECT: COAST HIGHWAY MEDIANS – PHASE 1-13 - AWARD OF CONTRACT NO. 3867 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3867 to Mega Way Enterprises for the Total Bid Price of $253,740.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $25,000 to cover the cost of unforeseen work. DISCUSSION: At 10:30 a.m. on June 26, 2007 the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $253,740.00 $337,749.00 $369,000.00 $376,140.00 $403,333.00 $428,837.00 $448,316.00 $466,778.00 $473,473.00 $525,700.00 * Corrected Bid Amount BIDDER Low Mega Way Enterprises 2 C.S. Legacy Construction 3 EBS, Inc. 4 L.H. Engineering, Inc. 5 S. Parker Engineering 6 Hillcrest Contracting 7 Sully - Miller Contracting 8 JMA Construction, Co. 9 All American Asphalt 10 Beador Construction, Co. TOTAL BID AMOUNT $253,740.00 $337,749.00 $369,000.00 $376,140.00 $403,333.00 $428,837.00 $448,316.00 $466,778.00 $473,473.00 $525,700.00 * Corrected Bid Amount AD 0 Coast Highway Medians — Phase 1-3 - Award of contract No. 3867 July 10, 2007 Page: 2 The low total bid amount is 44 percent below the Engineer's Estimate of $364,373. The low bidder, Mega Way Enterprises, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractor's references indicates they have satisfactorily completed similar projects for other municipalities and they have completed projects for the City in the past. The work necessary for the completion of this contract consists of providing traffic control plans, removal and construction of median concrete curb, miscellaneous asphalt, signing and striping, landscape planting and irrigation, jacking and boring of sleeves, installation of conduits and wiring, and other incidental items. The majority of the work will be performed near the intersections of Goldenrod Avenue and at Poppy Avenue. In addition, supplemental King Palm tree planting is planned throughout the .Corona del Mar business district. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: The Notice Inviting Bids was advertised in the City s official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical. Material Testing, and Survey Services: Geotechnical and material testing are not anticipated for this project. Survey services are included in the project documents and are the responsibility of the Contractor. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Account Number Amount General Fund 7013- C5200932 $ 278,740 Total: $ 278,740 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: COAST HIGHWAY MEDIANS -PHASE 143 CONTRA T N .: C4111" ENGINEERS ESTIMATE: $364,373.01) PROJECT MANAGER: M.SINACORI BIDLOCATION: CBVCIark's OMce -City Hall DATE: 28 -Jum07 TIME: 10'.30 BY: CHECKED: DATE: Asi sd bid Price 5403,373.00 F:WeertWOWV9r fflrwm 46DTDDAST MM' MLWUUIS PHASE 15 W99nBI0 SUMM VAc Peal ENGINEERS ESTIMATE MEGA WAY ENTERPRISES C.S. LEGACY CONSTRUCTION EBB INC. L.N. ENGINEERI INC- S. PARKER ENGINEERING ITEM DESCRIPTION QUAN UNIT AMOUNT UNIT AMOUNT UNIT- --AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mo0dicati0n 1 LS $35,0010 $35000.0 $52000. $52,000.0 $32,468.00 468.0 $28 864. 320.000. S20000A $25,D00.0 $25000. 2 Prepare SWfPPP 1 LS 54500.00 $4,500.0 $7,000.00 $7,000. $4346.00 $4346.00 $2600.0 32500.0 $10000.0 $10,000.0 $8,000.0 $8000.00 3 Traffic Correct 1 LS $45000.0 545000.0 $10000.0 $10000.0 529341. S29,M1.00 $13000. $13,000. $25,01)(1,00 $23000,0 $12.000.0 $12000.00 q Saw Cut and remove IT thick P 3,000 SF $3,00 $9000.00 $4.00 $12000.9 S4.n $74310.00 $3.50 $10,500. $4.00 $12000.0 $5.00 $15000.0 5 Saw cut and remove existing AC pavement. aggregate base arld subgrads to accommodate back fill material to a depth of 3'8om top of cud) 728 SF $2.50 $1,820.0 0 $6.00 $4,369.0 $5.00 $3640.00 $3 $2,50. 00 $12.00 $8736.0 $5.00 53840.0 6 Remove existing oomanite and curb to accommodate the new median 3,700 SF 55.00 $18500. $4.50 576650. .77 $17�649-00 $525 $19.425.DO $12.00 $44.400.00 $5.00 518.500.0 7 1 Remove amsfino sign, t and foundation 6 EA $300.001 $1.800.00 $65.00 $390.0 ( S34.001 S204.00 $55.00 $330.00 $66.00 5390.00 $60.00 $360.00 • 8 Construct 8 "PCC curb 1,100 LF $30.00 $33,000. $35.6a $39160. 538.00 $41.800.00 $35.00 $38500. $35.00 38500.00 8.00 $52600. 9 Jack and bore 2' schedule 40 PVC sleeve to accommodate Irrigation Control Conduit per Detall On Plans 250 LF $32.00 $8000. $14.0(1 $3,500. $30.00 $7500.0 $8,75a. 00 $50.00 $12500. $16. $4,000.0 0 10 Jack and bore 4'schedule 40 PVC sleeve for new 2' water Service per Detail on Plans 250 LF 432,00 $8000.00 515.00 $3750.00 534.00 $8,5(10,00 $35.0 0 36,7 59.00 $50.00 12600. 378,00 $4000.0 11 Install CalTrans standard signs 2 EA $600.00 $1,200. $350.00 $700.00 $357100 $714.0 3300.00 $600.00 $1,500.0 $3,000.00 $1500.00 $3,000.00 12 Install CalTrans CA type K -1 marker, 6- x 12" sWo of yellow retrarefiectrve sheeting 7 EA $500.0 500.00 $75.0 0 525.00 $161.00 S1.127.00 $60.00 $420.00 S75.00 $525.00 Snba $504.00 13 Install pavement markings per CalTrans Traffic Manual Markings doted 29 1 LS $1.000.001 $1000.00 $7.D00.00I $7000.00 $7.153.00 57153.00 S6.500.0d $8.500.0 $12.000.04 $12.000.00 $6,958.Od $5958.00 14 Provide and install Select Fill 350 CY $17.50 $8125.00 $27.00 $9,450. $56.0 0 $19600. $55.00 $19.250.0 $70.0 $24.600.00 $80.00 $21,000.00 15 Install Archontophoenix cunn9lgtlandana (King Palm 26 EA $4400.00 $114400.0 $1800.00 546800.0 $3465. $D0,090 Ssm.0 0 $130000.0 $1,750.00 $46,51)(1.0 6000.0 5156,000.0 16 Install Strelaba regime Bird of Paradise 44 FA $20.00 $860.00 $17.00 $748.00 $21.00 $024.00 575.00 $3.30 0. $35-0 $1,50.0 0 $42.00 $1,848. 17 Install Agapanthus aMCanus, Peter Pan Dwarf I-Ay of fte Nile 830 EA $15.00 $12,45 0. 7.00 $5810.00 $8.00 $6640.00 $15.00 $12450.0 $15.00 $12,460.0 $38.0 0 $31540.00 18 Instill Thulba hia violates (Society Garlic 165 EA $17,00 $2,805, $17,00 $2.805.0 $17.00 $2,806.00 32500 $4125.0 $36.0 $5,775.0 0 $40.00 $6,600. 19 Install Hemerocallis hybrid Black Suave' D i 13 EA $17.00 $221.0 $17.0 0 21.00 $19.00 $247.00 525.00 5325.0 $35.00 $455.0 $38.0 0 $494,00 20 Install Herrleroeallls hybdd'Pink Chiffon' Da I 62 EA $17.00 $1054.0 $17.00 $105440 $20.001 S1 40.00 325.00 51550.0 535.00 $2,170.00 $38.00 $2356.00 21 Install Hemerocallis hybrid 'Lemon Dip' De II 24 1 EA 517.00 3408,00 $17.00 $408.00 $78.00 0 $25.00 $60D.00 35.00 5840. .01) 12.00 22 Install 2 "CL 3151M Wn main line 1007 LF $3D.00 $30210. $8058.0 $14.00 25.00 175. $12.00 72094.0 $3-00 302123 InstalllM 'On heads aM laterals 3450 SF $2.60 8825.00 $8970.0 .00 $6 17250.00 $7.50 $25875.0 1.0 450.0 24 Install 10' round plastic central and oomrlwn Wre Ibox 11 EA $200.00 $2200.00 $220.0 116.00 0 .0 551).00 50.00 $3 .0 $100.00 $1100.025 Install ball valve 1 EA 00.00 .00 2750 $251.00 M$14098.00 0 D $300.00 $1 50.0 $1 250.0 60D.00 $100,00 26 Ins�l uick cou i valve in box 10 EA $300.00 1)00.00 $2 75D.0 $121.00 200.0 000. 50.00 S8 500.00 0.00 $2 000.00 27 Instal ethic mo control valve in box 5 FA $350.D0 1750.00 D R3SOO.00 175D.00 $186.00 0 5250 $1250.00 $7600.0 000.00 800.00 000.00 28 Install 3'I er of mulch 3,450 SF $1.00 33,450.00 51380.00 $0.50 0 .7 W T. .00 1 800. $1.00 53459.00 29 90 tla IaMS meiMerence 1 LS $5175.00 55175.00 0 $2500.0 $7.0 52600.0 $2600.00 $5000.0 $5000.00 ET 00.00 $7200.0 50 Contractor to Provide as-0uih in Autocad format 1 LS 37000.00 7000.00 0 500.00 $5961,00 5.961. 55000.00 $5,000 ,00 000. S5, 000.00 00.00 $1000.00 E 73.0 253,740.00 2ND 337,749.00 3RD 000.00 4TH 378,140.0 5TH 03.333.00 Asi sd bid Price 5403,373.00 F:WeertWOWV9r fflrwm 46DTDDAST MM' MLWUUIS PHASE 15 W99nBI0 SUMM VAc Peal 0 • Coast Highway Medians — Phase 1 -B - Award of Contract No. 3867 July 10, 2607 Page: 3 Proposed uses are as follows: Vendor Mega Way Enterprises Mega Way Enterprises Prepared by: Mic ael J. Sinacori, P.E. Principal Civil Engineer Attachments: Bid Summary Purpose Construction Contract Construction Contingency Total: Submitted by: - Vitt Amount $ 253,740 $ 25,000 $ 278,740 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: COAST HIGHWAY MEDIANS -PHASE t -B CONTRACT NO.: C -3867 ENGINEER'S ESTIMATE: $364,373.00 PROJECT MANAGER: M. SIMACORI BID LOCATION: City Clarks Office - City Hall DATE: 264un -07 TIME: 10:30 BY: CHECKED: DATE: F."MW Wier.MCoMMd4Vl'Oae O" TIP.' YMEDIA N5PMADE1DC9e6TBID5UMMARY.xb PAa2 ENGINEER'S ESTIMATE HILLCREST CONTRACTING SULLY -MILL ER CONTRACTIM JMACONSTRUCTION CO. ALL AMERICAN ASPHALT BEADOR CONST. CO. ITEM DESCRIPTION QUANTITY UNIT I AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT i Motdi2ation 1 1 IS $35000.0 000.0 $50000.0 $50000. $16000.0 $18000.0 $47000. 700(3. $15488. $15488. $50,000. $50,01)10 2 Prepare SWPPP 1 1 LS $4500.00 $4,500.0 10000.0 $10,000.00 $5,400.0 0 $5,400. $10000. $10.000. $5000.0 $5000.00 57500.00 $7500. 3 Traffic Control 1 1 L3 S45.DOO.00 $45,000.00 $30000.0 $30000. $48,000.00 $48000.0 $15000. $160110. $65660. $85660.00 $46,550. S46,550.0 4 Saw cut and removes "thickP 3000 SF 53.00 $9000.00 $10.00 $30,000 $9.00 $27,00D.0 $6.0 $18,000. $3.0 $111,1520.0 $0.00 $12.000.0 5 Saw cut and remove existing AC pavement, aggregate base and subgmde to accommodate back fill mate" to a depth of Yhon, top of curb 728 SF $2.50 $1820.00 $10.00 $7280.00 $13.00 $9484 $6.0 S4 8. $11. 50 372.0 $8110 $6,824.0 6 Remove existing bomenks, and curb to accommodate the new median 3,700 SF 55.00 $1000.00 $20,350. $18.00 $59200 56.00 2200. 5113.36 S49.432.00 $5.00 $18500.0 7 Remove misfino sian. and foundation 6 EA I S300A01 $7800.00 565.1)(11 $33D.00 $55.00 $330.00 $500 $3000.00 $100.00 $600.00 $58.00 $330.00 6 Construct 8 "PCC curb 1100 LF $30.00 000.00 $40.D01 $44000.00 $49.00 $53900.0 $80.00 $88,00. $82.00 $90,200.0 580.0 $88000.0 9 Jack and tore 2' schedule 40 PVC sleeves accommodate Irrigator, Control Conduit per Detail on Plans 250 LF $32.00 $8.000.DD $25.00 $8250.00 523.00 $5,750.0 $35.0 $8,750.00 $22,54 $5,625,0 Wa $11000. 10 Jack and bore 4" schedule 40 PVC sleeve for new 2- Water Service per Detail on Plena 250 LF $32.0 6000.00 S25.D0 $6,250.0 $25.0 0 B 50.0 $36.00 S9,000.0 S24,50 81250 $44,0 0 $11,000.0 11 Install Carriers standard slam 2 EA $600.00 $1,200. 00.00 $400.00 $275.00 $150.00 $1 000.0 S2,000. $200.00 $400.00 $275.00 $550. 00 12 Install CalTrans CA type K -1 marker, G" x 12" strip of yellov, relroreflective sheeting 7 EA $500.00 $3500.DD $50400 $35D.00 6.0 $462.00 $200.00 $1.400.001 $63.00 $"1.001 $80.00 $560.00 13 Install pavement markings per CelTrems Traffic Manual Marks detail 29 1 LS $1.000-001 $1000.00 $3000. $3.D00.0 0 $8800.00 $e D0.00 $10000.0 $10000.00 ft=.() $5200.0 57000.00 $7000.00 14 PmvMe and Install Select FSl 350 CY $17. 50 $8125.00 $100.00 $35,000. $28.0 0 9800.00 90.0 $31,500. $30.00 $10500.0 $95.00 $0. 15 Install Archomophoenlx cunninghsmisna (Yjng Pak") 28 EA $4,400.0 5114400.0 $5000.00 $130000. $4,300. $111800. $4600. S119600. S4,200 $109,200.0 $5,300.0 137 00.0 16 Install Sbelihdare Inse Bird of Paradise 44 FA $20.00 $880.00 123.1)01 $7012.0 $22.00 $968.00 $30.00 $1320.00 524.00 $1,056.0 0 80.0 $3520.00 17 Install Agapanmus akicanus. Peter Pan Dwarf Uly of me Nile 830 EA $15.00 $12.450.00 $13.011 310790.0 $7.00 $5,810.0 10. $8,300 .0 7110 $6,810.0 0 17.00 $14110.0 13 Install Thuba Na violacea (&dffiy Garlic 165 EA 517.00 $2805.00 $19.00 $3135.0 $17.00 $2,805.0 S30.D0 $4,M .0 $19.00 195.00 $30.00 $4950.00 19 Install Hamerocallis hybdd'Slack Sue"' I 13 EA $17.00 $221.00 $25.0 $326.0 0 18.0 $234.Oa SM.Dal $390.0 $18.001 34.00 $34.0 $442.00 20 Install Hemerocallls hybrtd'Plnk Chl6on' I 62 FA $17.00 $1054.00 5.00 $1550. 10.00 E1116.OD 530.00 $1860.0 $18.00 $1116.00 $28.00 51736.00 21 Install Hemerocallis hybdd'Lemon Dip' I 24 $17.00 8.00 $23.00 $552.00 $18.00 $432.00 $30.00 $720.0 $16.00 .00 28.00 72.0 22 Install2"CL 3751rd on main flue 1.007 $30.00 $30210.00 .00 $8056.0 $10.00 10,070.0 570.00 $10070.0 $10.00 $10070.0 528.00 8196. 23 InMeill atlon reads an0lMerels 3450 $2.50 $8625.00 $5.00 $17250.0 $18.00 $5 00.0 $6.1)0 $27600.0 $77.00 $58850.11 .W $20700.00 24 Install 70" round ptastic ccntlDl and conenon Wire pull box 11 JF�A $200.00 200.00 $42.00 $ 462.00 $50.00 $550.00 5500.01) $5500.0 $48.00 28.00 80.00 660A 25 Install pall valve 1 $300.1)0 $300.00 00.00 $200.00 5300.00 00.00 .W $300.0 3325.00 $325.OD $330.0 $330.026 Install dr cou 6 valve in box 10 00.00 $3 DDD.00 $200.00 2 000.00 $200.00 000. $350.D0 3 500.0 $215.00 $2 150.00 5200.00 S2 001),Install 27 electric remote control valve In box and wires S $350.00 $1 750.00 $500.00 $2 500.00 $500.00 52 500.00 5400.00 $2 000. 5550.00 $2 750.00 529D.0 7 45DA26 Install 3" laerof mulch 3450 $1.00 $3450.00 1.1 $3 798.00 .60 $1726. $1.0 3450.0 $0.32 $7104.00 $0.60 52070.0 29 90 da land$ maintenann. 1 $5175.00 $5175.00 $3000.00 $3000.00 $1300.0 $1300.00 36 .W $6000. $1300.00 $1300.00 $3000.0 53000.0 30 Contractor to Provide as -bula In Autocad format t LS $1000.00 $1000.00 1000.00 $t 000.00 5800.0 $500.00 51,000.00 1000.00 1050.00 51050. $72000.0 $12000. EE 5364,373.00 6TH 28 7.011 7779 $446,316.00 6TH $468,778.00 9TH 1 $473.473.00 7D7X I'll,IOO.OD F."MW Wier.MCoMMd4Vl'Oae O" TIP.' YMEDIA N5PMADE1DC9e6TBID5UMMARY.xb PAa2