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HomeMy WebLinkAboutC-3967 - Avocado Avenue & Westcliff Drive Median Renovationsz, �', OFFICE OF THE CITY CLERK Leilani I. Brown, MMC March 6, 2012 Mr. Jeffrey D. Hook Salamirad Morrow P.C. 19200 Von Karman Avenue, Suite 400 Irvine, CA 92612 Subject: Avocado Avenue and Westcliff Drive Median Improvements - Contract No. 3967 and West Newport Landscaping Project - Contract No. 4338. Dear Mr. Hook: On October 27, 2009, the City of Newport Beach entered into contract with Tal Cal Engineering, Inc. to provide median improvement on Avocado Avenue and Westcliff Drive and entered into contract with Tal Cal Engineering, Inc. on February 9, 2010 for the West Newport Landscaping Project. All bonds for the above referenced projects were released and no funds are currently retained. Sincerely, Leilani I. Brown, MMC City Clerk 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 141Zi1: .Irk W ;: I�_,: IP OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC September 20, 2011 Mr. Adi Levy Tal Cal Engineering, Inc. —'-641 Valerio Street West Hills, CA 91307 Subject: Avocado Avenue and Westcliff Drive Median Improvements (C -3967) To Whom it May Concern: On September 14, 2010 the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion. The Notice of Completion was recorded by the Orange County Recorder on January 19, 2011, Reference No. 2011000497163. The Surety for the contract is Contractors Bonding and Insurance Company, and the bond number is CE7083. Enclosed are the Faithful Performance and Labor and Materials Bonds. Sincerely, am 60, o' � Leilaru 1. Brown, Mi\IC 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 BOND NUMBER CE7083 PREMIUM: $5,927.00 CITY OF NEWPORT BEACH EXECUTED IN TRIPLICATE PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 BOND NO. CE7083 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5, 927.00 being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Tal Cal Engineering, Inc., hereinafter designated as the "Principal ", a contract for construction of AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS, Contract No. 3967 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. 3967 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and CONTRACTORS COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Ninety -Seven Thousand, Five Hundred Sixty -Five and 00/100 Dollars ($197,565.00) 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. BONDING AND INSURANCE THE COND!TION OF THIS . ^.RI Ir;^T!nN' I� C! ICI-: :h.-1 ;f the f ri r.{nal nr tha Princinal'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. 32 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 13th day of OCTOBER , 2/0j009. /1111 1�� e f"/ Tat Cal Engineering, Inc. (Principal) Authoriz6a/SignaturefTille CONTRACTORS BONDING AND INSURANCE COMP.�rc Name of Surety Authorized Agent Signature 111 PACIFICA SUITE 350 IRVINE, CA 92618 SHAWN BLUME, ATTORNEY -IN -FACT Address of Surety Print Name and Title (949) 341 -9110 Telephone NOTARY ACKNOWLEDGMENTS OF CON I RAC I OR AND SURE I Y MUST BE ATTACHED 33 CERTIFICATE OF ACKNOWLEDGMENT State of California County of .dos ,A,,o,Q[Q, ) OXC+ga� IG,dzoq before me, I CL+wi2��GVtn�. ar,P,llt�, Date (here insert name and title of the offic r personally appeared to d ; I p—\j )( who 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. 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. _ NATWILIE HAVTAN COMM #1826989 H Nolary Pub11CS ilc nia Ul LOS PN6FIESC IY Comm: 6 .DEC 15, 2012 Signature Place Notary Seal Above Signature of Not lic CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On /0 • 13" � before me, R. NAPPI "NOTARY PUBLIC" (Here insen name and tide of the officer) personally appeared S}IAWN BLUME who proved to me on the basis of satisfactory evidence to be the personA whose nameXisf- are - subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his /her-/Nteir authorized capacity0e,S), and that by hisibto4khei+- signaturejA 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. R. NAPPI WITNESS my hand and official seal. COMM. #1796916 n NOTARY CALIFORNIA w ^ ^ ^ RIVERSIDE COUNTY My Comm. Expires June 7, 2072 Signature of Notary Public' (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or description of attached document) (Tide or description of attached document continued) Number of Pages_ Document Date (Additional CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07800- 873 -7865 w%vv.NuImyClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomin mail contain verbiage exact)' as appears above in [lie noary section or a separate aclmoudedgme it Donn nuut be properly completed and attached to that document. The only exception is if a document is to be recorded outride ofCalifonda. in such instances, my ahematire acknowledgment verbiage as may be printed on such a document so long as to verbiage does not require the nutap, to do something that is illegal for a nohan• in California fie. certifying the audua'i-ed eapacim of the signer), please check the docmnent cot efrdlyfor proper notarial it and anach this farm ifrequired. • Stale and County information must be the Suite and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signeQs) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(5) of document signer(s) who personally appear at the time of notarivmion • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. helshe/thay- is lase ) or circling the cored forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible. Impression must not cover ten or lines If seal impression smudges, re -seal if a sufficient area permits, otherwise complete u different acknowledgment forn. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate tide or type of attached document, number ofpages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i c. CEO, CFO, Secretary). • Securely attach this document in the signed document ACKNOWLEDGMENT aaaavmm a a......aaa. a a m a a a m a a a m m a m m a.......mma... a. m a a a. a s a... a s a. a. a a a a a a a a a a o, State of California County of koS ,4 :48Qo (_on )SS. I On Of�D-f tr1laoo, 0, before me, NoAkAa. Il -"cxV a' Notary Public, personally appeared I who 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. a _ NATHALIE HAVTAN V COMMUtB26989 m Notary PuDFo-Cellrprr�la CA LOS ANGELES COUNTY M Comm. .DEC 15, 2012 (seal) .................. .............a...v.evv...a.sam. v.. v a a a. a.. a............ a a.... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Dcctm,en! in a Foreiqn L. mm:noe Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other I 34 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT .. ea... a ........................... .......s....................... e.....•..... State of California I County of LoS Avyl ¢f ¢.S ) ss. On V C�V Oto-ec- t'n t c)L0 Public, personally appeared before me, OiccF OAkq_ Notary 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Signature NATFKLIE HAVTAN COMM #1828989 rn LU = m Notary PudicCaffomis W LOS ANGELES COUNTY M Comm. W. DEC 1 2012 (seal) ......• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I OPTIONAL INFORMATION Date of Document Tyie or Title of Document Number of Pages in Document Type of Satisfactory Evidence. Personally Known with Paper Identification Paper Identification Credible N/itness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice- President! Secretary / Treasurer Other: Other 35 Thumbprint of Signer F1 Check here if no thumbprint or fingerprint is available. BOND NUMBER CE7083 PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN TRIPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 BOND NO. CE7083 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Tal Cal Engineering, Inc., hereinafter designated as the "Principal," a contract for construction of AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS, Contract No. 3967 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. 3967 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail 10 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 Surely on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, CONTRACTORS BONDING AND INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as ''Surety') are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Ninety -Seven Thousand, Five Hundred Sixty -Five and 001100 Dollars ($197,565.00) lawful money of the United Slates 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, nrmiy oy 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. W The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 13th day of OCTOBER , 2009. a t 1-e t(Y 4-K 4k l'hes /v c`N Tat Cal Engineering, Inc. (Principal) Authorize Signature/Title CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety Authorized Agent Signature 111 PACIFICA SUITE 350 IRVINE CA 92618 Address of Surety (949) 341 -9110 Telephone SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CERTIFICATE OF ACKNOWLEDGMENT State of California ) County of 4-o5 ,4v,j eAQ s ) OnC��4e�er �� ,azo� before me, Date (here insert name and title of the officer) personally appeared iAd. Le,j \, who proved to me on the basis of ctory 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. 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. 11 _ . NATHALIE HAv-rAN H COMM #1828989 m W Nolery Pubfic- Delifomle N LOS ANOEIES COUNTY Comm. . DEC 15 2012 Signature Place Notary Seal Above Signature of Not lic CALIFORNIA AILS - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 10 - -1 3' -O`% before me, R. NAPPI "NOTARY PUBLIC" (I Icre insert name and title of the officer) personally appeared SHAWN BLUME who proved to me on the basis of satisfactory evidence to be the personA whose named is /are•subscribed to the within instrument and acknowledged to me that he /shc thry executed the same in his /hefA4itir authorized capacitykiesj, and that by his /MgF *emi = signaturepa on the instrument the person(�T 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. Signature of Nola R A P COMM. #1796916 a 4 NOTARY PUBLIC - CALIFORNIA rn RIVERSIDE COUNTY (Notary Seal) ' • . " My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or dcscrption of atached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) • Attorney -in -Fact • Trustee(s) ❑ Other 2008 Version CAPA Y12,10.07 800 -873 -9865 w�vw.NataryClosses.cum INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage esaclb. as appears above in the rattan, section or a sepamie atknorledgment form most be properly completed and attached to that document. The only exception is if a docatrteni is to be recorded outside of California. In such instances. any alternative acknowledgment verbiage as aim, be printed an such a document so long as tine ret binge does not require the rotor), to do something that is illegal for a noon. in California (i.e. certifying the authorized capacity of the signer). Please checA the document carefully for proper notarial rarding and anach this form if required. • Slate and County information must be the Slate and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the dale (hat the signcgs) personally appeared which must also be (he same date the acknowledgment is completed. • The notary public mast print his or her name as it appears within his or her commission followed by a comma and then your title (notary public), • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he /she /thee is lore ) or circling the correct forms, Failure to correctly indicate this information may lead (o rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public most match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgmem is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i e. CEO, CFO, Secretary). • Securely attach this document to the signed document ACKNOWLEDGMENT ece.....•e o v a e e e s e e.. e a e e e e e s e m a e. v e••ov m m .u•ano• o e. o s c a e s•• a . c. n . e c v•• n v••• I State of California County of 4-03 An gZle S ) ss. On (Oa'h`neit— Iq , a.DO q before personally appeared me, NtMNrML(i }61/tav Notary 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. NATNALIE HAVTAN COMM #1828989 m W Notary PublicCalffomia LOS ANGELES COOMV ® QComm. Ex p. DEC 15, 2012 (seal) OPTIONAL INFORMATION Dale of Document Thumbprint of Signer Type or Title of Document Number of Pages in Document __ l Detriment in a Fnrei!tr, Lanatlace Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Check here if Capacity of Signer: oo thumbprint Trustee or fingerprint Power of Attorney is available. CEO /CFO /GOO President I Vice - President / Secretary / Treasurer Other: Other Information: 30 ACKNOWLEDGMENT soe.•e eae. aa.. a .... ..........ea.........a......... a e.. a e.. e. e. a a...... e. a e... e, State of California County of /'oS AY,gyI e S 1 ss. ��11 � 1 before me, N"16 "L t's n, Notary On (, )0T bb -eY I'll }� Public, personally appeared 4 who 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 capecity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. e NATHALIE HAVTAN COMM #1828989 rn i;5 - Notary Publio-celffamla N LOS ANGELES c01N1Y' M Comm. . DEC 15, 2012 (seal) e.... a... a..• eee..... a. .........a ..................... e. e..... a e.....•. a e. e e e of OPTIONAL INFORMATION Dale of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee _ Power of Attorney CEOICFO /COO President / Vice - President / Secretary / Treasurer Other: Other 31 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. •CPjES Po&;. Apo CITY HALL oy o O 6 CIeiIC wQ 2 QQ u z 33 yard W� 02 inn $ ®0=664 P.O. BOX 1768 UJW 0004258909 SEP22 2011 Ne ort7• ppVTp{ (/(i 14 p� iA 2658 -8915 ° MAILED FROM ZIP CODE 92663 RETURN SERVICE REQ4 lD THE CITY CLERK (mrnr ;:"FthP0RT SEAM Mr. Adi Lev Tal Cal En eering, Inc. 22641 v Brio street RETURN THIS West ills, Ca 91307 ADDRESS FOR CA REWORK .. •_r... HEIH -AMP Si303 Illll'I'II'IIII'I IIIII" IIIIIII •IIII,•,ILIIIILILIIII,II.I Business Entities (BE) Online Services - Business Search - Disclosure Search - E -File Statements - Processing Times Main Page Service Options Name Availability Forms, Samples & Fees Annual /Biennial Statements Filing Tips Information Requests (certificates, copies & status reports) Service of Process FAQs Contact Information Resources - Business Resources - Tax Information - Starting A Business - International Business Relations Program Customer Alert (misleading business solicitations) r� Business Programs Business Entity Detail Data is updated weekly and is current as of Friday, September 09, 2011. It is not a complete or certified record of the entity. Entity Name: i f Gf'1 r Entity Number: C3038473 Date Filed: 04/08/2008 Status: Secretary of State Administration Elections Business Entities (BE) Online Services - Business Search - Disclosure Search - E -File Statements - Processing Times Main Page Service Options Name Availability Forms, Samples & Fees Annual /Biennial Statements Filing Tips Information Requests (certificates, copies & status reports) Service of Process FAQs Contact Information Resources - Business Resources - Tax Information - Starting A Business - International Business Relations Program Customer Alert (misleading business solicitations) r� Business Programs Business Entity Detail Data is updated weekly and is current as of Friday, September 09, 2011. It is not a complete or certified record of the entity. Entity Name: TAL CAL. ENGINEERING, INC. Entity Number: C3038473 Date Filed: 04/08/2008 Status: ACTIVE Jurisdiction: CALIFORNIA Entity Address: 7334 TOPANGA CANYON BLVD #2018 Entity City, State, CANOGA PARK CA 90303 Zip: Agent for Service of STEPHEN M FELDMAN Process: Agent Address: 15915 VENTURA BLVD STE 201 Agent City, State, ENCINO CA 91436 Zip: * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to ............ ........I .... -- ................ service upon corporations that have surrendered. • For information on checking or reserving a name, refer to Name Availability. • For information on ordering certificates, copies of documents and /or status reports or to request a more extensive. search, refer to Information, Requests.. • For help with searching an entity name, refer to Search Tips. ............................ • For descriptions of the various fields and status types, refer to Field Descriptions. and Status .............. .... .......... Definitions. Lee, Iris Full Name: Tal Cohen Last Name: Cohen First Name: Tal Company: Tal Cal Engineering Inc. Business Address: 7334 Topanga Canyon Blvd, Suite #201 B Canoga Park, CA 91303 Business: (866) 888-5840 — W110YJ Mobile: (818) 744 - 8877 — yWi err $efV%tA- So inIgBs$ jc'c E -mail: alcal g il.c E -mail Display As: talcal.inc @gmail.com �?I3v Semi z -W\G -j - L �--)T`°'/ CALIFORNIA Cl,V '�ODI�rSEOTION 103,3 810- 3187 E -------------------------------------------------------------------- NOTICE TO 7 �Iry 0ef _6 ,� : FOR THE PROJECT AT: CITY OF NEWPORT BEACH 3 EWPORT BEACH MEDIANS IMPROVEMENT" 3300 NEWPORT BLVD AVOCADO AVE & W CLIFF DR NEWPORT BEACH CA 92663 G' C I ]t e' C NEWPORT BEACH CA I f! FRK CITY (. i;:''II'?v :lrr4��nCHJ #3003 , t CLAIMANT COMPAMate 10- tP ' W JOHN DEERE LANDSCAPES, INC. Copies Sent To: has furnished, or agreed to furnish, the following LAURIE POLLARD City Council labor; services, equipment or materials,: 1425 N MC DOWELL BLVD #125 City NlanageP LANDSCAPE &IRRIGATION MATERIALS PETALUMA CA 94954 7 City Attorney F]Ilf and these materials were requested by anCimsrisfTed-ly eP4e, As following person(s) or company. TALCAL ENGINEERING INC THE PRIME CONTRACTOR TAL COHEN 22641 VALERIO ST WEST HILLS CA 91307 -1649 Total value of the entire amount of labor and materials agreed to be furnished _ _ _ _ _ 41,307.77 Value furnished to date ------------------------------------------ 41,307.77 Refunds or credits given ------------------------------------------- 0.00 Payments received by Claimant to date -------------------------------- 0.00 Total amount due Claimant after all credits and offsets --------------------- 41,307.77 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 41,307.77 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY: fClaimantl BY: V E R I F I C A T I O N I, the undersigned say: I am the CREDIT ANALYST of the claimant ['Owner of, 'President of, 'Agent of, ETC ] named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 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. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Signed: [Claimant must enclose self- addressed stamped envelope Forms by Caprenos Inc. ] 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 Illililllilllllllllllllll llllllllllllllllllllllilillllll .IIIIIIIII NO FIFE 2010000497163 3:16 pnn [31,0/04/110- ls�1 n_ 276 421 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 Tal Cal Engineering, Inc., of West Hills, California, as Contractor, entered into a Contract on October 13, 2009. Said Contract set forth certain improvements, as follows: Avocado Avenue and Westcliff Drive Median Improvements (C -3967) Work on said Contract was completed, and was found to be acceptable on September 14, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Contractors Bonding and Insurance Company. N9orks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. (� Executed on v � � M* 15 lujo at Newport Beach, California. BY vx^vmi y', �rftr City Clerk ltd OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC September 20, 2011 Mr. Adi Levy Tal Cal Engineering, Inc. 22641 Valerio Street West Hills, CA 91307 Subject: Avocado Avenue and Westcliff Drive Median Improvements (C -3967) To Whom it May Concern: On September 14, 2010 the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion. The Notice of Completion was recorded by the Orange County Recorder on January 19, 2011, Reference No. 2011000497163. The Surety for the contract is Contractors Bonding and Insurance Company, and the bond number is CE7083. Enclosed are the Faithful Performance and Labor and Materials Bonds. Sincerely, aft� S' lbl� 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 BOND NUMBER CE7083 PREMIUM: $5,927.00 CITY OF NEWPORT BEACH EXECUTED IN TRIPLICATE PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 BOND NO. CE7083 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,927.00 , being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Tal Cal Engineering, Inc., hereinafter designated as the "Principal ", a contract for construction of AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS, Contract No. 3967 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. 3967 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Ninety -Seven Thousand, Five Hundred Sixty -Five and 001100 Dollars ($197,565.00) 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 ^nN!-1, MONO OF THIS ^R! I -PT!nN IF, qt I. ^I-! !ha, P,' Pr n-inal nr Iha inr.inal'; 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. 32 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 13th day of OCTOBER _,2009. �l Tal Cal Engineering, Inc. (Principal) Authoriz6cVSignatureFritle CONTRACTORS BONDING AND INSURANCE COMP'" Name of Surety 111 PACIFICA SUITE 350 IRVINE, CA 92618 Address of Surety (949) 341 -9110 Telephone Authorized Agent Signature SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CON I R ACS I OR AND SUKt I Y MUST BE ATTACHED 33 CERTIFICATE OF ACKNOWLEDGMENT State of California ) County of .has On(q(:,+ate IG�o before me, 4J}ar,4P.,Ql' Date (here insert name and title of the offic r personally appeared IAd; levy who 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. 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. NATHAUE RA , N COMM #1828989 H m : Notary PubliFCelHomia W 'LOB ANfiElUCOUNIV Comm, 6 :DEC 15, 2012 Signature Place Notary Seal Above Signature of Not lic CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 10 ' -1?:2Z before me, R. NAPPI "NOTARY PUBLIC" (Mere insert name and title of the officer) personally appeared SRA" BLUME who proved to me on the basis of satisfactory evidence to be the personf,.d) whose name(gis /ate subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in Iris /henAheir authorized capacity(-ies), and that by his /he,Fltheir sign aturefa) on the instrument the person(; or the entity upon behalf of which the person(4 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. WITv/NNE�SS my hand and official seal. ofNo $ign¢tl R. NAPPI COMM. #1796916 m NOTARY PUBLIC • CALIFORNIA m RIVERSIDE COUNTY (Notary Seal) My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12 .10.07800 -873 -9865 %wvw.NoaryCl¢sses.eom INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate ackumsrledgment form roust be properly completed and attached to lhor document. The only exception is if a document is to be recorded outside of California. In such instances. any allentaffre acknowledgment rerbiage as may be printed on such o document so long as the rerbiage does not require the 11040131 to do something that Is illegal for a notan• in Collfomia ll.e. certjying the awhorteed Capacity of the signer). Please cheek- the docmnem carefully for proper nmarialwording and attach this form tfmquired. • State and County information must be the Suite and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Dale of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) or document signers) who personally appear at the time of notmlwtion. • Indicate the corect singular or plural forms by crossing off incorrect forms (i.e. helsheltbey- is lase ) or circling the correct farms. Failure incorrectly indicate this information may lead to rejection of document recording • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.. + Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate tide or type of attached document, number or pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title Is e. CEO, CFO, Secretary). • Securely attach this document to the signed document ACKNOWLEDGMENT m m a m a m m m a m m m. ammmmam m m mm a a a m o s a m o a m a m a mom a m m.mmm m m mam e m m m m m m. a m m m m m s a m m m m m m m m ml State of California County of IaS AQbolon ) ss. On 0()O'�&-f tel '2L-0011t before me, 0octxmlle, A- ow a— Notary Public, personally appeared IA d � Ley y who 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. NATHAL11E NAVTAN COMM #�y1�8�2�8�,�9�8�9� m W Notary ftbft Calyamla H LOS ANGELES COuNTy 5 , 21112 (seal) .......•• .................... mmm............ ............................... a.... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document D=,,ment in a Forei,cn Lanoaaac Type of Sausfaciory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Other Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: 34 Thumbprint of Signer n Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT .... a.... u...• ......... ..................... ...•...... s..................•....., State of California County of %-09 Av1c1 ajeS ) ss. 11 On() fA'ai0Zt7 19 t a 001 before me, Notary Public, personally appeared IN d ( L_ev v who 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 helshe /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. W47HALtE FIHVTAN�p COMM #1626969 [m w %1MZ Notary PublioCallfomia 0) Los arwei s COUNTY Carnet. .DEC 1 2012 Signature (seal) ................................................ ............................... OPTIONAL INFORMATION Dale of Document Type or Title of Document Number of Pages in Document D6calmcal in n Fa:eiC.n' anc."=.c Type of Sausfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _ CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other I 35 Thumbprint of Signer U Check here if no Ihumbirrinl or fingerprint is available. BOND NUMBER CE7083 PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN TRIPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 BOND NO. CE7083 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Tat Cal Engineering, Inc., hereinafter designated as the "Principal," a contract for construction of AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS, Contract No. 3967 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. 3967 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, CONTRACTORS BONDING AND INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Ninety -Seven Thousand, Five Hundred Sixty -Five and 00/100 Dollars ($197,565.00) 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, nrmly 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. 28 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 13th day of OCTOBER , 2009. If V)/ Tal Cal Engineering, Inc. (Principal) Authorize Signature/Title CONTRACTORS BONDING AND INSURANCE COMPANY — Name of Surety Authorized Agent Signature 111 PACIFICA SUITE 350 IRVINE CA 92618 Address of Surety (949) 341 -9110 Telephone SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED I CERTIFICATE OF ACKNOWLEDGMENT State of California ) County of /_as A-,, plcs ) On 0c,4b�ex- V�I,aaa�i before me, Iv aK�al�e.%�avlow. �v� uQ 1,� Date (here insert name and title of the officer) personally appeared iAd. 1.,QQ %4 who 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. 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. NATHALIE HAWM COMM *1828989 rn W e ® �EXPEEC15, MY Signature L- - Place Notary Seal Above Signature of Not lic CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County Of RIVERSIDE On 10 -1 3'-U�/ before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and tide of the on!cer) personally appeared SHAWN BLUME who proved to me on the basis of satisfactory evidence to be the personJtb') whose nameXis /afe- subscribed to the within instrument and acknowledged to me that he /ahtlthey executed the same in his /hef*ieir authorized capacity(ies), and that by his /hen4 signatureLsj on the instrument the person(,; or the entity upon behalf of which the persori 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. 2. A/ " Signature of Notary PubliLf R. NAPPI COMM. #1796916 •� NOTARY PUBLIC- CALIFORNIA rya RIVERSIDE COUNTY (Notary Seal My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Tide or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Pariner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA 02.10.07 800- 873.9865 w�vw.NotaryClasscs.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acbrmvledguieni completed in California must contain verbiage exactly as appears above in the notary section or a separate aclaun dedgrnenr fonrr must be Properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such valances, am, ahenrmire acknoudedgmenr verbiage as nary be printed on such a ducmnenr so long as the rerbiage does nor require the notary to do something that is illegal for a notary in California (i.e. certifying the authorised capacio, of the signer). Please check die docu rnew carefullpfor proper notarial it ording and aaack this form if required. • Slate and Counly information must be the Stale and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then yam title (notary public) • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorect forms (i.e. Aelshellhey— is /ere ) or circling the cored forms. Failure to corectly indicate this inforrmtion may Ind to rejection of document recording. • The notary seal impression must be clear and photographically reproducible Impression must not cover tent or lines If seal Impression smudges, re -seal if a sufficient urea permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match The signature on file . with the office of the county clerk. Additional information is nor required but could help to ensure This acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title Ii c CEO, CFO,. Secretary). • Securely attach this document to the signed document ACKNOWLEDGMENT ..................•a.....•... .a•aa..••..saa....•............ a........ o a... a .... State of California County of 1-03 Ar, aa_,l e S ) ss. OnO(A,1�2� Iq , a 00 q before me, Nta {�10.ite, A4a11 +aV\ Notary Public, personally appeared ,who 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. W—NATT11iAL IE HAVTAN OMM #1828989 re W otary PuoBcCdifomis LOB ANGELES COUNTY Comm. Ex p. DEC 15, 2012 (seal) ........................... ............................... o o......... a........, OPTIONAL INFORMATION Date of Document Type or Title of Document _ Number of Pages in Document _ D^a!ment in a Foreinc Laneuaoe Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _ CEO /CFO /COO _ President/ Vice - President/ Secretary /Treasurer Other: Other Information: 30 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT . a......aa o..• aaa. a.aa. ...........•aoa..a6............ a a. a... a a.. a a.... a.. a a a a, State of California County of l oS A g ICS } ss. On (jf Public, me, NOtl�' %6 t aV 0\-1� , Notary who 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. NATHIILIE HAVTAN COMM #1828989 m W Notary PubfioCalftmw N LOS ANGELES ODUNTY ,MY Cw . DEC 15, 2012 (seal) ..... aa......... a..........oa. .02 ............................ a.•.... a. a....• a.. OPTIONAL INFORMATION Dale of Document _ ._ Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in s Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Check here it Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO / CFO ICOO President/ Vice - President/ Secretary/ Treasurer Other: Other Information: 31 DJOHNDEERE RECEIVED LANDSCAPES 2011 SFP 70 PH RELEASE OF STOP NOTICE AlfleE OF To: CITY OF NEWPORT BEACH THE CITY CLERK 3300 NEWPORT BLVD CITY OF 1, 01 PORT BEACH NEWPORT BEACH CA 92663 RE: TALCAL ENGINEERING INC TAL COHEN 22641 VALERIO ST WEST HILLS CA 91307 -1649 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated September 28, 2010 in the amount of $41,307.77 against CITY OF NEWPORT BEACH as owner or public entity and against TALCAL ENGINEERING INC as prime contractor in connection with the work of improvement known as C #3967 AVOCADO AVE S WEST CLIFF DR NEWPORT BEACH CA JOB #3003 "NEWPORT BEACH MEDIAN IMPROVEMENT" Date: September 20, 2011 Name of Claimant: BY: CREDIT ANALYST [Official Capacity] V E R I F I C A T I O N I, the undersigned, state: I am the CREDIT ANALYST of the claimant named in the foregoing Release: I have read said release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 20, 2011 TALUMA, CALIFORNIA Signature of Claimant I LAURIE POLLARD, CREDIT ANALYST Forme by Ceprenos Inc. C0NSTRU T- ijG,N -II S STOP NOTICE CALIFORfiIIA IVTE %,COD8�S�. ION 3103, 3181- 3187 -------------------------------------------------------------------- NOTICE TO 70I0 OCT _ o P11 ?: FOR THE PROJECT AT: CITY OF NEWPORT BEACH EWPORT BEACH MEDIANS IMPROVEMENT" 3300 NEWPORT BLVD AVOCADO AVE & W CLIFF DR NEWPORT BEACH CA 92663 0111 fr OF NEWPORT BEACH CA CITY (N: � AL HJOB #3003 . - '�[. CLAIMANT COMPAtfate U" 1p W JOHN DEERE LANDSCAPES, INC. Copies Sent To: has furnished, or agreed to furnish, the following LAURIE POLLARD City Council labor, services, equipment or materials: 1425 N MC DOWELL BLVD #125 —City Manager LANDSCAPE &IRRIGATION MATERIALS PETALUMA CA 94954 �._ City Attorney Fil and these materials were requested by arrd FaRtis following person(s) or company. •/ (�fj1/ T ALCAL ENGINEERING INC THE PRIME CONTRACTOR TAIL COHEN 22641 VALERIO ST WEST HILLS CA 91307 -1649 Total value of the entire amount of labor and materials agreed to be furnished ----- 41,307.77 Value furnished to date ------------ --- -- --- -- ----- ---------- - - - - -, 41,307.77 Refunds or credits given ____________ __ ___ __ _____ ______________ ____ 0.00 Payments received by Claimant to date -------------------------------- 0.00 Total amount due Claimant after all credits and offsets --------------------- 41,307.77 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 41,307.77 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY: [Claimant] V E R I F I C A T I O N I, the undersigned say: I am the of the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the iaws of the State of California that the foregoing is true and correct. Executed on [Date] IUAIFAI MT -119al By: 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. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Signed: Forms by Caprenos Inc. [ Claimant must enclose self- addressed stamped envelope ] eyr2yr2niu 11:2e 1 7rry'L77O1 JOL CREDIT PAGE 02/02 C O N S TA-C�RO CTION 3103 3 8O 3187E CALIFO !' NOTICE TO FOR THE PROJECT AT °^^^^ CITY OF NEWPORT BEACH MID $EP !� Pi't I2 SO "NEWPORT BEACH MtEbg�N3 IMPROVEMENT" 3300 NEWPORT BLVD AVOCADO AVE & W CJdf ERFSent TO: NEWPORT BEACH CA 92663 CF I' . (F NEWPORT BEACH Cam_ City Council wl JOB #3003 City Manager CITY 0 ='i ° ' T uACH — City Attorney CLAIMANT COMPANY _ ✓ File JOHN DEERE LANDSCAPES, INC. has furnished, or agreedio fuiisirtheioMovo LAURIE POLLARD labor; services, equipment or.materials ✓ I W 1425 N MC DOWELL BLVD #125 LANDSCAPE & IRRIGATION MATERIALS PETALUMA CA 94954 and these materials were requested by and furnished to or for the following person(s) or company. TALCAL ENGINEERING INC THE PRIME CONTRACTOR TAL COHEN 22641 VALERIO ST WEST HILLS CA 91307 -1649 Total value of the entire amount of labor and materials agreed to be furnished _ _ _ _ , 41,307.77 Value furnished to date ------- ------------------ ------ ------ ------ 41,307.77 Refunds or credits given -------------------------------------- Payments received by Clalmant to date - - - - - - _ . _ .. Total amount due Claimant after all credits and offsets -------- _ _ ----------- 41,307.77 YOU ARE (HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 41,307.77 , and in addition to due amount, sufficient funds to cover Interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY: BY; rri- :......,n V IE R I F I C A T 1 O N I, the undersigned say: I am the of the claimant named In the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 09/28/2010 [Date] M 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. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Signed [Claimant must enclose self- addressed stamped envelope Forms by Caprenos Inc. ] ��P FORS® September 15, 2010 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 WI-frarall Ian Q, 11,31AAAl V01 , . ; OFFICE OF THE CITY CLERK Leilani I. Brown, MMC RE: Notice of Completion for the following project: • Avocado Avenue and Westcliff Drive Median Improvements (C -3967) • Community Youth Center Door Hardware Improvements (C -4309) Please. record the enclosed documents and return it to the City Clerk's office. Thank you. S(inncer ly, 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Tal Cal Engineering, Inc., of West Hills, California, as Contractor, entered into a Contract on October 13, 2009. Said Contract set forth certain improvements, as follows: Avocado Avenue and Westcliff Drive Median Improvements (C -3967) Work on said Contract was completed, and was found to be acceptable on September 14, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Contractors Bonding and Insurance Company. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. (� Executed on Um �5 , 200 at Newport Beach, California. BY w/ l I l •�''' City Clerk Ll F09, ., t 1Y /1b /2U1b 11:1U NO IN_:URTNCC ulilu Post -i o: Note 7671 Data/t� 16 to pages® TO a From f co loop t o CO. L Phone tl Ph`6a #G b /0�7 Fax 11 iU �� bt�(�. .303f Fax 11 rmu= u11V1 Surety Claims 1213 Vallcv Strcct P.O. Box 9271 Seattle. WA. 99109 -0271 (206) 628 -7200 (206) 593.0307 PAX Dear Sir or Madam: CBIC is the contract bond surety for Tal Cal Engineering, Inc. on the above referenced Contract. The Principal has defaulted on the bonded obligations and as such CBIC has rights to the remaining contract proceeds superior to that of the bonded Principal. Based on this, CBTC hereby demands that no further funds be released to the Principal, and that the remaining contract proceeds be paid directly to CBIC upon completion of the Contract. This demand is made based on the doctrine of Equitable Subrogation. E.g., Pearlman v. Reliance, 371 U.S. 141 (1.962). In re Maesart, 105 B.R. HO (W.D. Wash. 1989); .Home Indemnity Company v. United Stares, 376 F.2d 890 (1967); Fireman's Fund Insurance Company v. United Stares, 4.21 F.2d 706 (1970); United States Fidelity & Guar. Co. v. United States, 475 F.2d 1377 (1973). In addition, CBIC possess contractual assignment rights to the Contract proceeds. If you have any questions regarding the need to comply with this notice, please forward it to your attorney or call me directly for additional explanation. Be advised, however, that any release of contract funds to the Principal after your receipt of this notice will subject the above - referenced Obligee to legal liability and may release CBTC f orn further liability under the bond. Please furnish me with a copy of the request form. Thank you for your anticipated cooperation. Very truly yours, ot�. J aaZ4"d- Judy Dawless CC' Julie Durkin ...1:911 WewpartBeach(t) Ar Contractors Bonding and Insurance Company ear December 16, 2010 � as U 30 VIA FACSi1 HLE: (949) 644 -3039 Date ^M Ci Copies Sent To: City Council City Clerk ! _ City Manager °Cro P. O. Box 1768 ___, _ City Attorney m _ M Newport Beach, CA 92658 i File n Re: Bond Nos.: CE?08 au Principal: Tal Cal Engineering, Inc. Obligee: City of Newport Beach Contracts: Avocado Avenue and WcstcliffDrive Median Contract No. 3967; West Newport Parks, Seashore & Highland, Landscaping Project Contract: No. 4338 File No.: R911 c00 and R91 1.d00 Dear Sir or Madam: CBIC is the contract bond surety for Tal Cal Engineering, Inc. on the above referenced Contract. The Principal has defaulted on the bonded obligations and as such CBIC has rights to the remaining contract proceeds superior to that of the bonded Principal. Based on this, CBTC hereby demands that no further funds be released to the Principal, and that the remaining contract proceeds be paid directly to CBIC upon completion of the Contract. This demand is made based on the doctrine of Equitable Subrogation. E.g., Pearlman v. Reliance, 371 U.S. 141 (1.962). In re Maesart, 105 B.R. HO (W.D. Wash. 1989); .Home Indemnity Company v. United Stares, 376 F.2d 890 (1967); Fireman's Fund Insurance Company v. United Stares, 4.21 F.2d 706 (1970); United States Fidelity & Guar. Co. v. United States, 475 F.2d 1377 (1973). In addition, CBIC possess contractual assignment rights to the Contract proceeds. If you have any questions regarding the need to comply with this notice, please forward it to your attorney or call me directly for additional explanation. Be advised, however, that any release of contract funds to the Principal after your receipt of this notice will subject the above - referenced Obligee to legal liability and may release CBTC f orn further liability under the bond. Please furnish me with a copy of the request form. Thank you for your anticipated cooperation. Very truly yours, ot�. J aaZ4"d- Judy Dawless CC' Julie Durkin ...1:911 WewpartBeach(t) Ar Contractors Bonding and Insurance Company ear CITY OF NEWPORT BEACH � SEP 14 ? to CITY COUNCIL STAFF REPORT Agenda Item No. 17 September 14, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 - 644 -3323 or ilee @newportbeachca.gov SUBJECT: AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS COMPLETION AND ACCEPTANCE OF CONTRACT N . 39� ISSUE: Staff is requesting approval to accept the Avocado Avenue and Westcliff Drive Median Improvements, Contract No. 3967, as complete. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. 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. 3. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION: Summary of Completed Construction Contract Construction Contract Final Cost at Benchmark Contract Time Time Award Amount Completion Target Actual + Change Under or Orders (days) Over $197,565.00 $214,667.09 Contract Contract 66 (62) Plus10 %o +$.7 %0 On October 27, 2010, City Council authorized the award of the Avocado Avenue and Westcliff Drive Median Improvements Project to Tal Cal Engineering; Inc. (Talcal). The contract included the replacement of existing vegetation with new water - friendly landscaping, irrigation system, and decorative concrete. A Avocado Avenue and Westcliff Drive Median Improvements A summary of the project schedule is as follows: Project Award for Construction: Date of Notice To Proceed (NTP): Contract Completion Date per NTP: Substantial Construction Completion Date: Completion and Acceptance of Contract No. 3967 September 14, 2010 Page 2 October 27, 2009 January 4, 2010 March 30, 2010 June 28, 2010 The project was not completed on time partially due to adverse weather conditions and delays beyond the control of the contractor associated with material procurement and other agency coordination. Additionally, midway through the project a critical member of the contractor's team resigned. With staff's encouragement, the contractor regrouped and was able to satisfactorily complete the project saving the City from having to go to the contractor's Faithful Performance Bond. Given the contractor's cooperative behavior, Staff did not think it appropriate to assess liquidated damages. 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: $197,565.00 Actual cost of bid items constructed: 204,005.00 Total change orders: 11,662.09 Final contract cost: $ 214,667.09 The final overall construction cost, including three change orders, was 8.7 percent above the original bid amount. The change orders are detailed below: Item No. Description Amount 1 Remove and replace 2 -inch sleeve $ 2,762.09 2 Install 3 -inch SCE conduit 6,900.00 3 Install additional mulch over coconut fiber slope cover 2,000.00 Total Project Change Orders $ 11,662.09 ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 Class 4 (b), 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. Avocado AvenL end Westcliff Drive Median Improvements - Completio,..,nd Acceptance of Contract No. 3967 September 14, 2010 Page 3 Prior to starting work, a City - prepared construction informational notice was distributed by the contractor to residents within the work vicinity. The notice was distributed 48 hours before the work commenced. PROJECT FUNDING: Total project costs including construction are summarized below: Construction $ 214,667.09 New SCE Electrical Service 3,219.66 Incidentals 352.73 Total Project Cost $ 218,239.48 Funds for the construction project were expended from the following accounts: Account Description General Fund General Fund Prepared by: e Senior Civil Engineer Attachment: Location Map Account Number Amount 7013- C2002015 $192,748.20 7013- C2002014 21,918.89 Total: $214,667.09 Submitted by: Avocado Avenue and Westcliff Drive Median Improvements Contract No. 3967 AVOCADO AVENUE 0 AVOCADO AVENUE LOCATION MAP NOT 'f0 SCALE �w! Q K PROJECT PROJECT PROJECT O 9TE 9TE 57rE z w g z `ll WESTCLIFF Li z o: Z 5 } ul 0 U N W PROECT f (7 SITE I O z� �I I I WESTCLIFF DRIVE LOCATION MAP�N NOT TO SCALE !`I LIN� M f O O I ❑I f� f CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:30 AM on the 6th day of October, 2009, at which time such bids shall be opened and read for AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS Title of Project Contract No. 3967 $260,739.00 Engineer's Estimate by G. Badum is Works Director Prospective bidders may obtain one set of bid documents for $15.00. at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" or "C -27" For further information, call Iris Lee, Project Manager at(949)644-3323 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htti)://www.NewPortBeachCA.Qov CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS .................... ........................................................................ SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The 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 — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 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. g25Zy"2_ A Contractor's License No. & Classification 41 e- e�I G t/J Bidder Rti°C_. ;I vA Authorized Signature/Title ocr S— 60 Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMT. BID Dollars ($ 107 OF BID AMT.), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS, Contract No. 3967 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 2nd day of OCTOBER 2009. TAL CAL ENGINEERING, INC. �dC>S c�L°r�iy Name of Contractor (Principal) Authonnature/Title CONTRACTORS BONDING AND INSURANCE Name of Surety 111 PACIFICA SUITE 350 IRVINE, CA 92618 Address of Surety (949) 341 -9110 Telephone COMPANY ��^Y/` � Authorized Agent Signature SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On �D —a—CJ9 before me, R. NAPPI "NOTARY PUBLIC" (Hem insert name and title of the officer) personally appeared SHAWN BLUME who proved to me on the basis of satisfactory evidence to be the personA whose nameKis/an—subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in his1hen4lteir authorized capacitykk*, and that by his/lwAk Leif- signatureJaj on the instrument the personal; or the entity upon behalf of which the person{d} 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. R. NAP I COMM. #1788916 r ¢ NQTARvvusLr CALIFORNIA N L RNERSIDE COUNTY oe (Natary ScalJ aY Carom. Expires June 7,2012 Signature of Nomtyrwtm -- +•- �f' -!= ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Tide or description of attached document continued) Number of Pages _ Decument Date (Additional inf rm of on) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Anomey -in -Fact • Trustee(s) • Other 2008 Version CAPA vl2.10.07 800 -973 -9365 www.NoaryClasses.com INSTRUCTIONS FOR COMPLETING TMS FORM My aclmmrledgmenr completed u California must conum, rerbfage exactly as appears above in the Hoary men" ar a separate acbnmvledgment form must be properly completed and anadied to that dosamem. The only exception fs {f a documem Is to be recorded outside of California. In such Instances, any alfenmHve acknorledgment verbiage as nay be printed on such a docrauem so tong as due verbiage does not require the wary to do something thin Fs !!legal for a mrtmy in California (Le. ceribyarg the aathats_ed capacity of die signer). Please check the document ca full yforpropvrnmarial srarditWandamci :Artsjamb(ftequirmL • Stele and County information mast be the state and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which man also be the some date the acknowledgment is completed. • Tice notary public mug print his or but name as it appears within his or her commission followed by a comma and then your tide (rotary public) • Not the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect Forms (i.e. he /sheAhey- is /taa) or curling the correct farms. Failure to correctly indicate this information may lead to rejection of document recording. • The rotary seal impression must be clear and photographically reproducible. impression most no cover text or lines. If sead impression smudges, mseal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signal= of the notary public must match the signatum an file with the office of the county clerk. +° Additional inf entation is not required but could help to ensure this acknowledgment is not misused or auched to a different document. C• Indicate tide or type of attached document, munba of pages oat date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the tide (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document (ILLY- to be used only with the bond specified herein Certificate of Appointment and Resolution of the Board of Directors The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed the Attorney(s) -in -Fact identified on the front side of this power of attorney, under and by the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duty held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee ") may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may remove any such attorney -in -fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: (i) when signed by the Authorized Officer or Employee and attested and sealed (if a seal be required); or (it) when signed by the Authorized Officer or Employee, and countersibmed and sealed (ifa seal be required) by a duly authorized attorney -in- fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys -in- fact or agents pursuant to and within the limits of the authority evidenced by the power of attomey issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attorney and attomeys -in -fact remain in full force and effect; that all forms of powers of attorney previously or in the future approved by the Board of Directors, including, but not limited to, so called "Fax or facsimile powers of attorney ", where the entire power of attorney is a facsimile, remain in full force and effect; and that one form of a power of attorney may be attached to one bond (for example, the form for which this resolution is a part may be attached to a bid bond), and another form of power of attorney may be attached to another bond (for example, a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of either power of attorney or bond. IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary, and its corporate seal to be hereunto affixed this 13th day oFJune, 2007. Don Sirkiq President A� Secretary State of Washington County of King On .Tune 13, 2007 before me, Brenda J. Scott Notary Public, personally appeared Don Sirkin and R. Kirk Eland personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me all that they executed the same in their authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument. WITNESS my hand and official seal. Signature lay_ (seal) Brenda J. Scott, Notary Public ACKNOWLEDGMENT ................................................ ............................... State of California County of Los Ange to )Ss. on U Or6beY- J, goo c? Public, personally appeared _ me, Nia-AAaJ4e Notary 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. (seal) .......... . ................................................................... I OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney _ CEO /CFO /COO _ President /Vice - President I Secretary I Treasurer Other: Other Information: Thumbprint of Signer E] Check here if no thumbprint or fingerprint is available. ON i lmvftw4de CO A.M.Bodit'.W19 11AICC37206 FEINM911082992 . 11; The insurance Address. PO.S.9271 Phone: 2as.622.7853 fan insurer's S9i;#b,'NA98lWwl Fax: 206 -343.7979 AAMUSTATES Web:, cdic co, Sao �ws' Long lenrrr + OiAkook Stable Outlook Stable ActiorrAfFirined INIAMy 28,2009 Date MaV26,2009 *Denotes Vndff RevnwRatriga See raungdek-itims VtsftourNmsRmmforthe%testmvsandmess,eleasestortfuscompmyanditsAM BestQwp AMBCmdftR&pwn-Insurance Professional -includes Besmflnamw Strength Rataigaaid raWna[eWongwgicwnprehmsivewaMivalcommentmy.detailedbusinessoverwewwdkey financialdata RepoftReviMonDnw.07RCraW(repmentsthelg"tsignt5can changel. Hisi"walRepm5area,41ablemAMBCreditRe o-hisuTameProfessiumIA.rchive. .-*BesfsEx"u&e Summary Repam(FinancialOvemiew)-availaNeinthreeversians,these ptesentafionstylereponstealurebalanceshftt incomestalerrent keyfinancialperformance tests includingpmrnabdilv.ltquidAyandiesemanalysis. Data Smwv.2009 Best's Statement File P.C,US Contains oxacompileclas ofwWwg (Quality Cross Checked). I 11; it CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: PR @M /t R SiAA/ A cJ -' cYLC ?c /� Sl\i9nr� C0�' 01A; _k PC Address: PO h 0 nr A C A Phone: 7/y 7y ydo /S'Z State License Number: q a AdP 3i Name: Address: Phone: State License Number. Name: Address: Phone: State License Number. Bidder Authorized Signature(Title s CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 _ Project Name /Number Project Description LAdA S e A P )n/ Approximate Construction Dates: From a-!.J,J 19 ,� To:AtAG Oi Agency Name e t 1-Y Q r t t W Contact Person Ff An/k iLtR%ifi% Telephone Original Contract Amount $Final Contract Amount $ / z - If final amount is different from original, please explain (change orders, extra work, etc.) GkANS t N(_- -r 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 ail Project Description &x$11 J-/0/f C J AI S 't Approximate Construction Dates: From k i 9 — To: I kdf B� Agency Name 1C (! y O F n%ew p gOj - 9eA C ff Contact Person zu, ctgJ e / S 7— . c 4Prelephone (J0'/?--? dl'3 7 y�pQ Original Contract Amount Final Contract Amount $ 2 � 0 If final amount is different from original, please explain (change orders, extra work, etc.) t -Ht1NQ iik-6C�'�- 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. /J (i No. 3 Project Name /Number Project Description _1) l0 ski WIV /r wf l rl r Approximate Construction Dates: From J'key 69 To:l)-Gt C 0,) Agency Name t_ C dG,Jj�y R- 193t9N C- 0'`/Yfd/ Contact Person 7-1M if ACC Telephone 000 (P— It Yi Original Contract Amount $ / <P7 Final Contract Amount $ 1,92— If final amount is different from original, please explain (change orders, extra work, etc.) c Ntl wG LOILp d— 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 10 No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name _ Contact Person Original Contract Amount $ Final Con If final amount is different from original, please (change orders, extra work, etc.) Did you file any claims against the Agen ? Did the Agency file any claims against you /Contractor? If yes, briefly a plain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction From Agency Name Contact Person Telephone ( } Original ConVdiff t $ Final Contract Amount $ If final amout from original, please explain (change orders, extra work, etc.) r 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. 11 No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will he designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractors current financial conditions.. J Bidder Authorize Signature/Title 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County oa�f , � WaAI` 0 t,e , 4W being first duly sworn, deposes and says that he or she is Of , the party making the foregoing bid; th i the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 1 declare under penalty of perjury of the laws of the State of Cakf6rnia that the foregoing is true and correct. TAI C A I t -,,rG (N C Bidder orized Signature/Titl/e �� Subscribed and sworn to (or affirmed) before me on thin -- day of V d� r , 2009 by Nutt a&\ - tauipu, 1A4, l y v , personally known to me or proved to me on the basis of satisfactory evidence to be the rson(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public PIA7WLLIE FIAVrAN [SEAL] I _ rim pmt 2012 My Commission Expires ,DfS 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 DESIGNATION OF SURETIES Bidders name ?!1) Cal k-/V'S %✓r C Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): 5r c1i✓�< UNs S t kV[ceS (N C Aso #IJ10'6 rood eqvz STe� 13 � r uc`( -S / D 6 C-ff _9 2 T d I( 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 7A L `LA L0PJ6Ir4W4 t1 If'J C Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts 7 Total dollar Amount of Contracts (in Thousands of $ No. of fatalities Q No. of lost Workday Cases O a No. of lost workday cases involving permanent transfer to another job or termination of em to ment 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. 15 Legal Business Name of Bidder l A! C Business Address: Un f[ -i o Si- na /3u Business Tel. No.: .96h S-d -71y'7 State Contractor's License No. and Classification: 92S`2 y Z /Q Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Gr - s If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 16 ACKNOWLEDGMENT ... . ..... one ............ name .................. . ... ........ .................... � State of California County of J 65 A"�)k' ps ) ss. On V &I bbe - S I a-oo Public, personally appeared me, N a &oj %-P. W-f a-� , Notary who 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Ago Signature V Fs. NATHALIE tigVTAN Comm #1 828ggg P = >>*t9E3 Comm. DEC 7 2012 (seal) ................ ............................... ...............................I OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO /CFO /COO _ President / Vice - President / Secretary / Treasurer Other: Other Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 ACKNOWLEDGEMENT OF ADDENDA Bidders name 7'/ Cj C- NGG 1N C The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. I Date Received I Signature I 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 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: j 1 C Ia( e ^T qiS- /r C Business Address: 22 G Y/ Lqo h 1 -c d S W 2 S 7— C X 13 0 7 Telephone and Fax Number: '0066 smG ?1 Y % r= 04a Imp ral 7/ California State Contractor's License No. and Class: 4 2 r Z Y 2 ff (REQUIRED AT TIME OF AWARD) Original Date Issued: t 2 Expiration Date: /167OZ10 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: red Coye j The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone RI_ _ �c e, Corporation organized under the laws of the State of CiQ- 18 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: nI A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: W"<- (nf C 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; A) / Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the ownedagency? If so, explain. NO 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 labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes Are any claims or actions unresolved or outstanding? Yes IG 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. La I Ca( r'4 IN G Bidder i4A t 0 q (Print name of Owner or President of Corporation /Company) Authorized Signaturefrite k c/o t Title 6 C I— t— of Date On OCAi�W,5?a00q /before me, NcAxo0wi �6aa, personally appeared _Aa , LeV y Notary Public, who 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. 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. (SEAL) Notary Public in d for said State My Commission Expiresali2Ce � 15" a0) a- 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 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. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 CONTRACT THIS AGREEMENT, entered into this day of , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Tal Cal Engineering, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS The work necessary for the completion of this contract consists of mobilization, traffic control, construction notification, removing and disposing of existing landscaping and irrigation material, removing and disposing of existing concrete and any other paving material to accommodate project, installing landscaping and irrigation system, constructing concrete paving, removing and installing of electrical meter and wiring, removing and constructing curb and gutter, landscape establishment and maintenance, and all other incidental items of work necessary to complete the work in place. 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3967, 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 22 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 One Hundred Ninety-Seven Thousand, Five Hundred Sixty-Five and 001100 Dollars ($197,585.00). 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). 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: Iris Lee (949) 644- 3323 Tal Cal Engineering, Inc. 22641 Valerio Street West Hills, CA 91307 866- 506 -7127 818 - 888 -5871 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and ria or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 23 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. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury. and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. 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 91 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. 6. 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 elected or appointed 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 elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. 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. 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. 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. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 25 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. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. 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. G. 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 G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 26 H. 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. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. 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. ATTEST: Da`YIYV v� CITY CLERK APPROVED AS TO FORM: /yn-�ttepl.Beauch p Assistant City Attorne Cl A TAL CAL ENGINEERING, INC. By: (Corpo e Officer) Title: Ds?ESJI��iV> Print Name: Ani By: 4 (Financial Officer) Title: ORES /Dcnr7 Print Name: Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 BOND NUMBER CE7083 PREMIUM: $5,927.00 CITY OF NEWPORT BEACH EXECUTED IN TRIPLICATE PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 BOND NO. CE7083 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 5,927.00 , being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Tal Cal Engineering, Inc., hereinafter designated as the "Principal", a contract for construction of AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS, Contract No. 3967 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. 3967 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Ninety -Seven Thousand, Five Hundred Sixty -Five and 001100 Dollars ($197,565.00) 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 ^ ^N tITION OF THIS ORI Ir ATV)N If; St I ^H That the Prinr.innl nr the, Princinal'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. 32 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, R is agreed that the death of any such Principal shall not exonerate the Surety from Its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 13th day of OCTOBER 2009. 1L Ikt 4- ('hes�lk`N'T Tat Cal Engineering, Inc. (Principal) AuthoriziffilSignaturelTiffe CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety Authorized Agent Signature 111 PACIFICA SUITE 350 IRVINE, CA 92618 SHAWN BLUME, ATTORNEY -IN -FACT Address of Surety Print Name and Title (949) 341 -9110 Telephone NOTARY ACKNOWLEDGMENTS OF CONTKAC I UK AND SUKt t Y MUST BE ATTACHED 33 CERTIFICATE OF ACKNOWLEDGMENT State of California ) County of los Ate, ((:;,,, ) On ©C+-O�w ►q am9 before me, NaJ1WiQ1A0vt0L"' A6fa- %,oitc , Date d insert name and title of the offic r personally appeared iA Name(s) of signers) who 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. 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. VV Signature - _� _ _ _ __ = Place Notary Seal Above Signature of Not .lic CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On lC) -13 before me, R. NAPPI "NOTARY PUBLIC" (Here insert mmne and title of the officer) personally appeared SHAWN BLU14E who proved to me on the basis of satisfactory evidence to be the personjear) whose nameK isAm- subscribed to the within instrument and acknowledged to me that he /she4they executed the same in his/he•Pklteir authorized capacity(ies}, and that by hisAwAiFheirsignaturepi) on the instrument the personal, or the entity upon behalf of which the person(B} acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. C R. NAPPI WITNESS my hand and official seal. COMM, #1796916 ,r ¢ NOTARY PUBLIC •CALIFORNIA B RIVERSIDE COUNTY 6 a My Comm. ErOhes June 7, 2o12 6 Signabue of Notary !'<r tic (Namry Srnl) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description orattached doeumea) (Title or description of attached document continued) Number of Pages _ Document Date (Additional infartmtion) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ PartneT(s) ❑ Anomey -in -Fact ❑ Trustee(s) ❑ Other 2008 Vesion CAPA v12.10.07 ND -873 -9865 a vww.NouryCI=ie.rom INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Cofyamfa murr contain Irrbtage exactly as appears above in the nary session or a separate acknowkeignne fonts must he properly compleed and attached to &ot daeameat. The only exception is jr a documeur Is to be recorded mulde of Cnli(oretu. In such Nntantax any atrerisam acbnowledgmew mrblage at may be printed on rude a docutural so long as Ae verbiage does n require the minty to do something dun Is illegal far a no", in Ca4ramia (i.e. certifying the authar vat capacily of the signer). Pkare duck the dammuni earefullyfor paper narml vordnW and atwh ihisform tfragtdred. • State tmd County infwmalian mten be the Slate and County where to doeumem signer(s) personally appeared before the nary pudic for adorowledgment- • Date of notarization must be the dam that the signets) personally appeared which most also be the same date the acknowledgment is completed • The notary pudic must print his or her some as it appears within his or her commission fdlowed by a manna and then your tide lottery public), • Print the name(s) of document s)gres(s) who personally appear ar the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (ix, helshddrey- is Jere) or circling the correct Emma. Failure to correctly indicate this infomation may lead to rejection of document recording. • The notary seal mpression mull be clear said photographically reproducible. Impression must not cover teat or lines. If sad impression smudges, reseal ire sufficient area permits, otherwise complete a diHerem acknoMedgment firms. • Signature of the notary public must match the signature on ale with The office of the county clerk. b Additional information is not required but could help to ensure this acknowledgm nor is not misused or aaaehed to a diffetern document. i• indicate title or type of attached docornent, number of pagm and dace. rr Indite the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely much this docunent to to signed decorum ACKNOWLEDGMENT State of California County of ).oS AQ8clLqn ) ss. I On 0644 1°I �onot before me, Q�o:NN o.A�e- Ao y+oL.. Notary Public, personally appeared W d 1 ey I who 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. ] NATHALIEHAVrAN COMM 01826989 111 NM" PWkC4Ltrdp WUMUMCOL111fry Comm. DEC 15, 2012 (seal) ................................................ ............................... OPTIONAL INFORMAPON Dale of Document Type or Title of Document _ Number of Pages in Document Doc:ment in a Foreinn Lanouaoc Type of Sat,sfactury Evidence, Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney CEO /CFO /COO President / Vice - President / Secretary I Treasurer Other: Other Information: 34 Thumbprint of Signer n Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ......................... ................ .... season ... aa aaaa aaaa.... a.a........ State of California 1 County of )-aS L(z to oJe� S } ss. On Oay) &e� 19 I t)ODq before me, Notary Public, personally appeared A 8 Lej who 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 helshe /they executed the same in his /her /their authorized capacity(ies), and that by his /herltheir signatures($) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. (seal) .............................. Y ............................... a . . . . . . . a 0......, OPTIONAL INFORMATION Date of Document Tyde or Title of Document Number of Pages in Document Cocumcat i,. cwcia; L'i- uloc Type of Satisfactory Evidence. Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney _ CEO /CFOIC00 President! Vice- President / Secretary ! Treasurer Other: Other Information: 35 Thumbprint of Signer �JI ❑ Check here if no thumbprint or fingerprint is available, BOND NUMBER CE7083 PREMIUM INCLUDED IN PERFORMANCE BOND EXECUTED IN TRIPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 BOND NO. CE7083 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Tal Cal Engineering, Inc -, hereinafter designated as the "Principal," a contract for construction of AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS, Contract No. 3967 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. 3967 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, CONTRACTORS BONDING AND INSURANCE COMPANY duty authorized to transact business under the laws of the State of California, as Surety, (referred to herein as `Surety ") are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Ninety -Seven Thousand, Five Hundred Sixty -Five and 00/100 Dollars ($197,565.00) 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, rtrmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 28 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 13th day of OCTOBER . 2009. ¢Nt JRq 'g hem /vr`N Tal Cal Engineering, Inc. (Principal) Authoriz Signaturer itle CONTRACTORS BONDING AND INSURANCE COMPANY �d Name of Surety Authorized Agent Signature 111 PACIFICA SUITE 350 IRVINE CA 92618 Address of Surety (949) 341 -9110 Telephone SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED M CERTIFICATE OF ACKNOWLEDGMENT State of California ) County of k:o A,,! OnC'(� 1q,a -n-i before me, Date (here insert name and title of the officer) personally appeared L_Qj y who 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. 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. ] NATHALIE HAV-rAN COMM #1828889 �n µpCOUNy Vg Comm_ EV. MC 1 2012 Signature Place Notary Seal Above Signature of No lic CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 10 —13- 09 before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the oincer) personally appeared SHAWN BLUME who proved to me on the basis of satisfactory evidence to be the person) whose nameWis4re- subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in hi&%eFM eir authorized capacity(ies), and that by his/hcAheirsignat=14 on the instrument the persons or the entity upon behalf of which the person(40 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. P //rf_� Sigraase of Notary Publi R. NAPPI COMM. #1796916 o: NOTARY PUBLIC- CALIFORNIA RIVERSIDECOUNTY b (Notary Set ) My Comm. Expires June 7, 2012 D ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Wile or description of attached documem) (Tide ar description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLABVIED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Parule4s) ❑ Anomey -in -Fact ❑ Trustee(s) ❑ Other 2009 Version CAPA V12.10.07 800. 873-4865 www.NouryCiassmemn INSTRUCTIONS FOR COMPLETING TFHS FORM Any anbiowledgmeni emigleaad in Cahfmnia am mush verbloge exactly as appears abate in the notary section or a separate aeknoriedporni jorm nmu be properly completed and aaaclud to shot document. The coh, rseepdan is if a decunrem is to be recorded outside of calitrambs. in sueb iraronrea, only ab"vuure ackneiviedgwat verbiage as may be printed on such a document so long as the verbiage does not require dm notary to do someddiag dun Is lllagafjbr a noimy In Caljfamia rye. eartijying she amhurlesd capacily of due signer). Pkme check the doeurnenr carefdlyfor prrgrer noradal wording and anueh ihisform ijregdred • State mid Courny infmmstion muss be the State and County where the document signcr(s) personally appeared belere the notary pubUc for admnv)edpnem. • Date of notarization most be the date that the signer(s) personally appeared which mast also be the same date the acknwHedgmmt is completed. • The notary public must print his or bar name, ss it appears within his or her commission followed by a comma and then your title (notary public). • Print the nsmc(s) of dowmem signner(s) who persomUy appear at the time of notarisation. • Indicate the comsat singular or plural Cams by crossing off incorrect forms (i.e. helshe/thay, is care) ar circling the canrect fame. Failure to commly indicate this inlbrandon may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If sed impression smudges, re seal if a sufficient area permits, otherwise complete a different acknowledgment Conn. • Signature of the notary public must match the sigreture on file with the office of the county clerk. y Additional information is nut required but could help to ensure this acknowledgment is not misused or aaaehed to a different documera. S Indicate tide or type of atlacbed document, number of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely men this document to the signed document ACKNOWLEDGMENT ................ ... ..... am ...... . .... . ........ was ... ..... bosom................. State of California County of ,LOS Ar%%,&j 1 ? ss. +C '' ++ OnQCAt Otr 1°I q 2.00 before me, UOA)04 P. aV MvN Notary Public, personally appeared L.ev I who 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 /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. • . NATHALIE HAViAN s COMM #1828989 �n u� AtxiMIXtINIY Cam. M. OEC 15.201Y (seal) .... Y ............. ............................... a........ m .................. ., OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreier Lanalface Type of Satisfactory evidence Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO /CF0/000 President 1 Vice- President / Secretary 1 Treasurer Other: Other Information: 30 Thumbprint of Signer U Check here it no thumbprint or fingerprint is available. ACKNOWLEDGMENT ............................... ............................... us... am...... a... State of California County of _k o.� A>n0.DieS } ss. On QC7! OL .V- i C) t ";il:P a, before Public, personally appeared to d ; me, N"tb , Notary proved to me on the basis of satisfactory evidence to be the parson(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /shelthey executed the same in his /her /their authorized capecity(ies), and that by his/her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. Bw= NATHALIE FIAVT/W tj COMM 5162888!) tg W toSateELEaP� o mr. Bill, DEC 1 2012 (seal) a....... one ..... ....a.. ... . u ....... ............................... a........... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in DOCllmenl Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification _ Paper Identification _ Credible W itness(es) Capacity of Signer: _ Trustee Power or Attorney CEOICFOICOO President / Vice - President I Secretary 1 Treasurer Other: Other I 31 Thumbprint of Signer i -1 -J n Check here if no thumbprint or fingerprint is available. 0 READ CAREFULLY - to be used only with the bond Certificate of Appointment and Resolution of the Board of Directors The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed tlruAtlomey(s) -in -Fact identified on the front side of this power of attorney, under andby the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee ") may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may remove any such attorney -in -fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: (i) when signed by the Authorized Officer or Employee and attested and sealed (if a seal be required); or (fi) when signed by the Authorized Officer or Employee, and countersigned and sealed (if a seal be required) by a duly authorized attomey -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys -in- fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attorney and attomeys -in -fact remain in full force and effect; that all forms of powers of attorney previously or in the future approved by the Board of Directors, including, but not limited to, so called "fax or facsimile powers of attorney ", where the entire power of attorney is a facsimile, remain in full force and effect; and that one form of a power of attorney may be attached to one bond (for example, the form for which this resolution is a par may be attached to a bid bond), and another form of power of attorney may be attached to another bond (for example, a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of either power of attorney or bond. IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary, and its corporate seal to be hereunto affixed this 13th day of June, 2007. �on Sirkin, President AtteS`: R. Kirk Eland, Secretary State of Washington County of King On June 13, 2007 before me, Brenda J. Scott Notary Public, personally appeared Don Sirkin and R. Kirk Eland personally known to me ro be the persons whose names are subscribed to the within instrument, and acknowledged to me all that they executed the same in their authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument. WITNESS my hand and official seal. Signature��� (seal) Brenda J. Scutt, Notary Public ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(I YYYAI � , INSR 11n/1600s PRODUCER Great Insurance Services THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6650 Reseda Blvd Suite 108 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 19.11.1.3 Reseda CA 91335 818 -344 -3098 INSURERS AFFORDING COVERAGE NAIC it INSURED TALCAL ENGINEERING INC. INSURER A: Naviq ators insurance Company $ 1.699 990 1NsuRERa: SUA Insurance Company $ 50,000 22641 VALERIO STREET INSURERC Amdcan Insurance Group AIG x COMMERCIAL GENERAL UABILRY 04- 10069275 INSURERU 12/08/2009 WEST HILLS CA 91307 INSURERE: TAVFROGES 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 I$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ODDIL PO BOX 1768 POLICY NUMBER POLICY EF FELTIVE POLICY EXPIRA TR)N 19.11.1.3 GENERAL LIABILITY EACH OCCURRENCE $ 1.699 990 DAMAGE TO RENTED $ 50,000 A x COMMERCIAL GENERAL UABILRY 04- 10069275 12/08/2006 12/08/2009 MED EXP An me P.rs s 5,000 CLAIMS MADE X] OCCUR PERSONAL 8 ADV INJURY $1,000,000 GENERA. AGGREGATE s2.000,000 OWL AGGREGATEUMIT APPUESPER PRODUCTS- COMPIOP AGG $2,000,000 POLICY X PRO LOC JFCT AUTOMOBILE LIABILITY ANY AUTO COMBINEDSINGLE LIMB (Ea accldeN) $ BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per amided) $ HIRED AUTOS NON- OWNEDAROS PROPERTY DAMAGE (Per ac wd ) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S OTHER THAN EA ACC ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLALIABILITY EACH OCCURRENCE $1,000,000 AGGREGATE $ 1,000,000 C X OCCUR M CLAIMSMADE EBU25894594 02123/2009 02/23/2010 S X DEDUCTIBLE $ RETENTION $1,000 WORHERS COMPENSATION AND X I WC5TATU- DTI+ EL. EACH ACCIDENT 1000000 B EMPLOYERS'UABIUTY ANY PROPRIETOR/PARTNERLEXECUTIVE OFFICEWMEMBEREXCLUDED? WSATMECO0635801 12/1512008 12/15/2009 EL. DISEASE EA EMPL YE $1,000,000 E.L DISEASE POLICY LIMIT 51,000,000 R ,MSdNeiv+der NSIONS IeIow OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ADDITIONAL INSURED: CITY OF NEWPORT BEACH, 3300 NEWPORT BEACH, NEWPORT BEACH, CA92568 THE CITY ITS OFFICERS OFFICIALS, EMPLOYEES AND VOLUNTEERS. The Insurance program of the City of Newport Beach shall be excess of this insurance and shall not contribute with it. It has been confirmed by the carrier that loss or liability of the named insured is not limited solely by their negligence. CERTIFICATE HOLDER CANCELLATION ACORD 26 (2081(08) KJ AOORD CORPURAI IU14 1585 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF NEWPORT BEACH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVORTO MAIL 30 DAYS WRI TEN 3300 NEWPORT BOULEVARD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL PO BOX 1768 NAPOSE NO OBLIGATION OR UAWUTY OF AMY KIND UPON THE INSURER, ITS AGENTS OR NEWPORT BEACH, CA 92655 -8915 REPRESENTAVVES. AUTHORIZED REPRESENTATIVE <MK> ACORD 26 (2081(08) KJ AOORD CORPURAI IU14 1585 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policAies) must be endorsed. A statement on this certificate does not confer rights 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 betvueen the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001 BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number: 04- 1 006927 5 Endorsement Effective: 11110/2009 Named Insured: Countersigned By: TAL CAL ENGINEERING INC p �+ C/1li� DBA: U1 AIJAh Name of Person or Organization: CITY OF NEWPORT BEACH, THE CITY ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS. 3300 NEWPORT BEACH BLVD NEWPORT BEACH, CA, 92658 LOCATED THROUGHOUT THE COUNTY OF LOS ANGELES, CA (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 extent 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 "bodily 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 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. 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) V SUM Farm Mutual Automobile Ina uraftee COMW d Ce'rX71FAV 11-0001 AT2 NAMED INSURED 75-1327-1 J 00070 TAL CAL ENGINEERING, INC 22641 VALERID ST WEST HILLS CA 91507-1649 DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE. A 47998-1-J MUTL Vol IDECLARATIONS PAGE F POLICY NUMBER 301 8656 -B11 -758 d —5 - - - — POLICY �thiob t061260§ to FEB 11 201 STATE FARM PAYMENT PLAN NUMBER 1083469623 AGENT JASON SLIWOSKI 620 LINDERO CANYON RD OAK PARK, CA 91377-5456 PHONE: (818)707-2305 or (818)8893268 1997 Limit of Liability-Coverage A 'Acc.1 R1 Car Rental/Travel Expenses $14.83 L ra -.6f:L ability:',CarflantAtEXpens4. Each Day Each Occurrence U Uninsured Motor Vehicle $25.39 Each Person, Each Accident Ul Uninsured Motor Vehicle Property Damage $6.16 r:��:r, °ThiS'tsrtotat Your policy consists of this declarations page, the policy booklet - form 9805A, and any endorsements that apply, including those issued to you with any subsequent renewal notice. Replaced policy number 3018656-75A- Your total rwwM premium for AUG 112009 to FEB 112010 is $616.34. 6030S BUSINESS NAMED INSSq ENDMS04ENT 6127FF AMENDATORY ENDORSEM 6289p SI GLE LTMI� K LIABILITY. 689 4 rMENT 0 R R NTAL AND T�A 6 02 014 NT OF QEFj AXV�� RPIJBS JOVER§EA,, N NSYI my IL I)ANOEF&PROAMES AAD DI DNS. 1997 DODGE HAM 1500 PICKUP 3B7HC1 3Y3VM511112 1 H3H2V1 0 1997 Limit of Liability-Coverage A 'Acc.1 R1 Car Rental/Travel Expenses $14.83 L ra -.6f:L ability:',CarflantAtEXpens4. Each Day Each Occurrence U Uninsured Motor Vehicle $25.39 Each Person, Each Accident Ul Uninsured Motor Vehicle Property Damage $6.16 r:��:r, °ThiS'tsrtotat Your policy consists of this declarations page, the policy booklet - form 9805A, and any endorsements that apply, including those issued to you with any subsequent renewal notice. Replaced policy number 3018656-75A- Your total rwwM premium for AUG 112009 to FEB 112010 is $616.34. 6030S BUSINESS NAMED INSSq ENDMS04ENT 6127FF AMENDATORY ENDORSEM 6289p SI GLE LTMI� K LIABILITY. 689 4 rMENT 0 R R NTAL AND T�A 6 02 014 NT OF QEFj AXV�� RPIJBS JOVER§EA,, N NSYI my IL I)ANOEF&PROAMES AAD DI DNS. MaiCe Farm Mulliftl AU1011flablIG RWUFWM COMParlY I R 4799&1-J MUTL VOL NAMED INSURED AT? 75-132'I-1 J A 1poucyNtimBER. 258 9193 -E07 -758 -O- - - lCY-PER-106-S—ffP- 611 R60iFto' i4bV-6'� i& TAL CAL ENGINEERING, INC OL 22641 VALERIO ST WEST HILLS CA 92307-1649 STATE FARM i�AYMEIVT PLAN NUMBER 1083469653 AGENT JASON SLIWOSKI 620 UNDERO CANYON RD OAK PARK, CA 91377-5456 DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. SEPARATE STATEMEW ENCLOSED IF AMOUNT DUE. PHONE: (818)707-2305 or (818)889-3268 -V- L mt, 6�. .!- .. - 1999 GMG YUKON SPORT WG I GKEGI 3R9XJ764242 OH3HAX1 0 of R1 Expanses 1999 Each Day Each Occurrence U Uninsured Motor Vehicle $12.12 73z�' Ul Uninsured Motor Vehicle Prormily Dam M $2.19 mum Your lo consists %r th=s' to you Zh% y subsequent =. booklet -farm 9806A, and any endomemerft that apPly, inckmfing declarafiwrs Replaced policy number 2589195-75A. Your total renewal prefrikun for MAY 07 2009 to NOV 07 2009 is $807.31. 60305 BUSINESS NAMED INSURED ENDORSEMENT 6 ... F AMffATORY DORSVAMENT. IMIVN I U898 S1 GLE6 I OF L ABIL TY 68930 M T CAR 5 TAL ENS ES COVERNES. 6905A.1 JU ENT 8F OEF1 fxyp Tj 0 . TOR VERCHC MR, &MICCAWLYGMAD CONO RUNS ACORD CERTIFICATE OF LIABILITY INSURANCE „ 1G116rzo$s PRRewREN Great insurance Services 6650 Reseda Blvd Suite 108 Reseda CA 91335 $18- 3443098 TNIs 6 Rm-- rATE Is IS> mD AS A MATTER Of MFOitMATION ONLY AND CONFERS 1t0 RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NA1CS _ SRNRBO TALCAL ENGINEERIN& INC. 22641 VALERIO STREET WEST HILLS CA 91307 maRER& Navigators Insurance Com n amyg,Re SUAlnsuranceCampany i D: Amrican Insurance Group (AIG cCxAMERCWA GENERAL tuautt CLAIMS MADE a DOCUR 04 -10069275 =L! N6URER E 61,000000 COVERAGE$ THE POLICIES OF INSURANCE LISTED MOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD MCATED. NOTWITHSTANDING ANY REOUREMENT. TEW OR COMMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERnFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUWECT TO ALL THE TMa. EXCLUSIONS AND CONOMONS OF SUCH POUCIES. AGGREGATE UNITS SHOA" MAY HAVE BEEN REDUCED BY PAID CWAS. R9R MM POLICY NUMBER t 2108!2008 12[0812009 LMSW A qemuLIASLW cCxAMERCWA GENERAL tuautt CLAIMS MADE a DOCUR 04 -10069275 EACH 00DURRENCIZ 61,000000 x PREMAM IEa. $50,0()o AWEXP P m Iaa 1 $5,000 PERSOM L &AM INJURY $1,000,000 GENRIMAGGREGATE z 2 000 OOD PoucY �U W r„I PER I x 119 62,000000 UAB ITY FA�� O ED AUTO6 LDD Auros UTOB �AMM CMEMiDWXiL UW (Ea. -M" 6 80ALYINAW PapM ) MW.=iNA/TY A'aracldenO 6 PROPEIMMMOE 6 rJfRR[E UABLITY AN'T AUTO AMMY-EAAMDW S EAA.CC OTHLRTHAN AUTDOWN'. AGG C ot6>a3aul�auuABam X occuR ❑CLAINSMADE RETRJ n S1,000 EBU25894694 02/2312009 02/2312110 EACH OCCURRENCE 61 D00,000 61000,000 6 6 B NOPo®TSCOMP19MVIDNANT R WSATMECOM5801 IVIV2008 1.2/15!2009 X W o i i OTH 1,000,000 weeASe- PLOT 1000,000 RASE- S 1,000,000 OTHER DEBORFnOOOFOPdWTMGTLOCATWMSrW9NCLE5 IExCUMMOABDEDBYH100 RtIPE -Iq PpON &DNS ADDITIONAL INSURED: CITY OF NEWPORT BEACH, 3300 NEWPORT BEACH, NEWPORT BEACH, CA92668 THE CITY ITS OFFICERS OFFICIALS, EMPLOYEES AND VOLUNTEERS. The Insurance program of the City of Newport Beach shall be excess of this insurance and shall not contribute with it it has been confirmed by the carrier that loss or liability of the named insured is not limited solely by their negligence. CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD PO BOX 1768 NEWPORT BEACH, CA 92658 -8915 sNO1NOANYOFitEABOYEOE�P 'a!0!`$bE ^•"^° • °`ta8'LFETHEF]OMWT'IOM DATe THRIwP. TIE maLAIIC P6LMSn NXL anEAVae To ILA 30 oAV6 wwTnMl TMTLCE i0 TXECl3t1NGTTi 1lRDER WtM ®70 TIELEPf BUTFAN)JfR roL10506NALL IMPOSE He Ca XIDII OR UADI TY OF ANY RIND noon THE INSLREK n6 AGENTS OR IMPORTANT If the cemosia holder is an ADDITIONAL INSURED, the polIC9COB) must be andmaed. A statement on this oerfta* does not confer rights to the oeditate Colder in ISu of SUdr endofseMent(s). If SUBROGATION IS WAt1/ED, subject to the terms and corxftns of the poky, cartam policies may require an endmaernent A statement on this aetfificete does not canter rights to the certificate holder in lieu of such enftmement(s). DISCLAIMER The Certificate of Insuranos on the reverse side of this ftxm does not constitute a contiad betaesn the issuing insmet(s), authorized repnaanntstive or producer, and the certificate holler, nor does it affirmatively or nagobvely mend, extend or after the cewerage afbded by the policies listed Owson. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be $250 or 3% of the California Workers' Compensation premium otherwise due on such remuneration. Person or Organization City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 -8915 Reason for Request: Contractor Requirement SCHEDULE Job Description Irvine Terrace Landscape Improvements: Contract #3865 Class Code: 0042 Payroll for Job: $20,000 Date of Job: 04 -02 -09 Length of Job: 3 weeks This endorsement changes the policy to which it is attached and Is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement Is issued subsequent to preparation of the policy.) Policy Number: WSATMEC 006358 01 Insured: Tal Cal Engineering, Inc. Endorsement Effective: 12115/2008 Coverage Provided by: SUA insurance Company Issue Date: 04/01/2009 Countersigned by: WC 04 03 06 (Ed. 4.84) e1g88 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRWs California Workers' Compensation Insurance Forms Manual 02001. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach Date Received: 11/16/09 Dept. /Contact Received From: Shauna Oyler Date Completed: 11116/09 Sent to: Shari Rooks By: Michelle Ross Company /Person required to have certificate: TalCal Engineering REVISED I. GENERAL LIABILITY A. INSURANCE COMPANY: Navigators Insurance Co. B. AM BEST RATING (A: VII or greater): "A "(X) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No $1,000,000 with a D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 Umbrella E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (Completed Operations status does not apply to Waste Haulers) ® 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: State Farm Mutual B. AM BEST RATING (A: VII or greater) "A + + "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers) :Is it included? ❑ Yes ®No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: American Insurance Group (AIG) B. AM BEST RATING (A: VII or greater): "A "(XV) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? is Ed. 8 2009 � O Check a License or Home Improvement Salesperson (HIS) Registration - Contractors Stat... Page I of I Department of Consumer Affairs ' Contractors State Li a oard Contractor's License Detail - License # 925242 ADISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (S &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or bulton to obtain complaint and/or legal action information. Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor falls to comply with the terms of the arbitration. Due to workload, there may be relevant Information that has not yet been entered onto the Board's license database. License Number: 925242 Extract Date: 10/07/2009 TAL CAL ENGINEERING INC Business Information: 22641 VALERIO STREET WEST HILLS, CA 91307 Business Phone Number: (866) 506 -7127 Entity: Corporation Issue Date: 1112412008 Expire Date: License Status: This license is current and active. All information below should be reviewed. Classifications: CLASS DESCRIPTION GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 100053665 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 0910412008 Bonding: BOND OF QUALIFYING INDIVIDUAL The Responsible Managing Officer (RMO) AZUKA EMMANUEL EGUN certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 11/2412(?08 This license is exempt from having workers compensation insurance; they certified that they have no employees at this time. Workers' Compensation: Effective D 101120 xpira Date; None Personnel listed on this license ived) are listed on other licenses. Conditions of Use I Privacy Policy Copyright O 2009 State of California https:// www2. cslb. ca. gov/ OnlineServices /CheekLicense /LicenseDetail.asp 10/07/2009 California Business Search DISCLAIMER: The information displayed here is current as of OCT 02, 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation TALCAL, INC. Number: C1467150 Date Filed: 8/16/1989 Status: dissolved Jurisdiction: California Address PO BOX 616 TUJUNGA, CA 91043 Agent for Service of Process ANNE -MARIE VAUDESCAL 10842 TERECITA RD 11TUJUNGA, CA 91042 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. Page 1 of 1 http:ll kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCorpNumber= CI467150 &printer =yes 10/07/2009 Cust Encompass Detail Acct. Type: Business Tax License #: BT30027231 Bus. ID: 0056991 Name: TALCAL ENGINEERING INC Owner Name: COHEN, ADI LEVY Owner Phone: 866- 506 -7147 Owner Type: C Exp. Date: S Addy: 22641 VALERIO ST S Addy 2: Addr3: VALENCIA CA Zip: 91355 B Addr1: 22641 VALERIO ST B Addr2: B Addr3: VALENCIA, CA B Zip: 91355 Phone: 866 - 506 -7147 FEIN: 5331 SEIN: 3038473 Established: 3/19/2009 SIC: 1611 - HIGHWAY & STREET CONSTRUCTION Owner #: 0056991 # of Emps: 0 usr1: 422050 usr2: usr3: usr4: usr5: usr6: 216008000 us r7: Emergency Contact Info Contact: AD[ LEVY COHEN Phone: 866 - 506 -7147 Page 1 of I http: / /www.citynet.newport- beach. ca.uslmasteridIENC_ detail. asp ?EID= BT30027231 10/07/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3967 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization arr�� 7-MO Y54 WIA semis -- $ a y v� oo Per Lump Sum Lump Sum Traffic Control //GA/AVDollars and Cents $ 00 Per Lump Sum 3. Lump Sum Avocado Avenue Medians - Remove and Dispose of Existing Plant Material @T J" Dollars and Cents $ 2 0 o G Per Lump Sum PR2of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Westcliff Drive Medians - Remove and Dispose of Existing Plant Material @ i TNe4 SRN Dollars and Cents $ 700,0 Per Lump Sum 5. Lump Sum Westcliff Drive Medians - Remove and Dispose of Existing Irrigation System @ � NGA✓/ -¢d Dollars and Cents $ /Ly o Per Lump Sum 6. 1 EA Westcliff Drive Medians - Remove Existing Meter Cabinet Dollars and Cents $ /do $ /.06 Per Each 7. 1 EA Westcliff Drive Medians - Install Myers Single -Meter Cabinet @ML.f4t M805pAA Dollars and Cents $ 3 dOO $ 3 dco Per Each 8. 100 L.F. Avocado Avenue Medians - Remove and Construct PCC Type "A" Curb and Gutter @ 1CU/- iY r/IrQ Dollars and Cents $ $ S`d O Per Linear Foot PR3of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 450 L.F. Westcliff Drive Medians – Remove and Construct PCC Type "A" Curb and Gutter @4'0' Y /70e —Dollars and Cents $ CIS $ 2C 2 ro Per Linear Foot 10. 150 L.F. Westcliff Drive Medians - Remove and Construct PCC Type "B" Curb @lcooT y Dollars and Cents $ Yo $ 0/00 o Per Linear Foot 11. Lump Sum Westcliff Drive Medians – Power Wash Curb and Gutter @O,�r4 TNOfcGOro Dollars and Gents $ /DOD Lump Sum 12. 3600 S.F. Westcliff Drive Medians – Remove and Dispose of Existing Maintenance Walk and Concrete ph{ oO //Vk Co? Dollars and Cents $ / $ 3600 Per Square Foot 13. 55 C.Y. Westcliff Drive Medians - Remove and Dispose of Existing Pavement, Ba se and Soil to Depth of 30 Inches @O.ve //4.ud /-Rd / / Dollars and S Imo Cents $ too $ Per Cubic Yard PR4of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. 15 16. ills 55 C.Y. Westcliff Drive Medians - Furnish and Install Fill Soil @rw-P�YY 0110 Dollars and Cents $ 2r $ 1375' Per Cubic Yard 4,300 S.F. Westcliff Drive Medians - Construct Maintenance Walk @ N i Dollars and Cents $ $ 24/ rl d o Per Square Foot 1 EA Westcliff Drive Medians — Remove V Water Meter and Install 1" Water Meter @ Ow-e rHDfO9ysD Dollars and Cents $ ieoa Per Each 1 EA Westcliff Drive Medians — Install 1 -114" Bgckflow Prevention Assembly wc,ffJ per @ (t Nr IP Dollars and Cents $ p-Iro Per Each $ /oao 4, 18. 900 L.F. Westcliff Drive Medians — Jack & Bore 4" Schedule 40 PVC Sleeves to Accommodate Irrigation Wiring or Mainline @ rj ^I Dollars and Cents $ 10 Per Linear Foot $ yddo PR5of12 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 19. 8 EA Avocado Avenue Medians — $ 30 ° Remove and Install Remote Control Valve on New Main @° //G va'i�� Dollars and Cents $ 2", $ 16o a Per Each 20. 980 L.F. Avocado Avenue and Westcliff Drive Medians - Install Flow Sensor Cable @ d ^� Dollars and Cents $ $ iV o Per Linear Foot 21. 2 EA Avocado Avenue and Westcliff Drive Medians — Install Irrigation Controller with Pedestal @sev.e„J 7-Wd14.C',9/6Do1lars and Cents Per Each 22. 1 EA Westcliff Drive Medians — Install 1 -1/4" Master Valve @77#'t2 IlCr fAf,1 Dollars and Cents Per Each 23. 1 EA Avocado Avenue Medians — Install 1" Master Valve @7Wf(- #4AFA-e#) Dollars and Cents Per Each $ 700a $ duo $ 3vo $ $ 30 ° PR6of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 24. 2 EA Avocado Avenue and Westcliff Medians — Install 1" Flow Sensor @Rvt NGw-ll -e2 Dollars and Cents Per Each 25. 3,000 L.F. Avocado Avenue and Westcliff Drive Medians - Install 2" PVC CL 315 Irrigation Mainline Dollars and Cents $ /o $ 11,100D Per Linear Foot 26. 2 EA Avocado Avenue and Westcliff Drive Medians - Install 10" Round Irrigation Pull Box @0,r�L­ NAy4ke�/ Dollars and 2 s o Cents $ too $ Per Each 27. 25 EA Avocado. Avenue and Westcliff Drive Medians - Install %" Quick Coupling Valve Dollars and Cents $ loo $ ?-C-00 Per Each 28. 2 EA Avocado Avenue and Westcliff Drive Medians - Install 2" Pressure Reducing Valve @Flvt OVIr-4h44W Dollars and Cents $ SJO $ /6100 Per Each PR7of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 29. 3 EA Westcliff Drive Medians — Install %" Remove Control Valve @ ��"'� M4N */F<o/Dollars and ago Cents $ 200 $ Per Each 30. 11 EA Avocado Avenue and Westcliff Drive Medians - Install 1" Remove Control Valve @ 'IWo N44kN / Dollars and Cents $ ?do $ -e 2 °o Per Each 31. 2 EA Westcliff Drive Medians — Install 1 -112' Remove Control Valve @ 7-100 W'420/ Dollars and Cents $ z ° ° $ k d 0 Per Each 32. 10 EA Avocado Avenue and Westcliff Drive Medians - Install Ball Valve rw0 1j ,, // @ W H hAr4� , ' pollars and Cents $ 2vo $ 2 doa Per Each 33. Lump Sum Avocado Avenue Medians — Install Irrigation Heads and Lateral Lines @rA -TYPQS, lvcDollars and Cents $ yoya Per Lump Sum PR8of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 34. Lump Sum Westcliff Drive Medians - Install Irrigation Heads and Lateral Lines @TVa rHDkSe r& Dollars and Cents Per Lump Sum 35. Lump Sum Avocado Avenue Medians - Install Finish Grade @T1*-J10 N4� ✓�-eo� Dollars and Per Lump Sum 36. Lump Sum Westcliff Drive Medians - Install Finish Grade @rWa NRN44r-1 Dollars and Cents Per Lump Sum 37. Lump Sum Avocado Avenue Medians - Weed Abatement Program @T'"ro k6d,1K4 Dollars and Cents Per Lump Sum 38. Lump Sum Westcliff Drive Medians - Weed Abatement Program @T-w6 1401 f 40(1 Dollars and Cents Per Lump Sum $ 2y?o $ 20o $ Zao $ 2v o $ Leo PR9of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 39. Lump Sum Avocado Avenue Medians — Install 2" Thick Mulch @ 0 ✓e YNol�S� Dollars and Cents $ love Per Lump Sum 40. Lump Sum Avocado Avenue Medians - Install Slope Fiber Cover @y"�{ 7-/f01,(0 f!3 Dollars and Cents $ /40 °O Per Lump Sum 41. Lump Sum Westcliff Drive Medians — Install 2" Thick Mulch @ OrMk 7- N614tAALb Dollars and' Cents $ /61)0 Per Lump Sum 42. 77 EA Install 1- Gallon Rhaphiolepis indica 'Clara' (Indian Hawthorne) @ Li U-2 Dollars and Cents $ .57- Per Each 43. 119 EA Install 1- Gallon Salvia greggi 'Red' (Autumn Sage) @ Icy trA, Dollars and Cents $ $ ri Per Each PR 10 of 12 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 44. 223 EA Install 1- Gallon Aloe 'Rudikoppe' (Little Gem) @ ?Cl U Ae Dollars and Cents $ s $ I nr Per Each 45. 206 EA Install 1- Gallon Lantana 'New Gold' (New Gold Lantana) @ nu Dollars and Cents $ % $ lo} a Per Each 46. 52 EA Install 1- Gallon Hemerocallis Hybrid 'Hot Lips' (Daylily) @ �C t V P Dollars and Cents $ S $ 3 Per Each 47. 81 EA Install 1- Gallon Aloe striata (Ghost Aloe) @ FIVE Dollars and Yd S Cents $ r $ Per Each 48. 170 EA Install 1- Gallon Cotyledon spp. (Long Fingers) @ 41 UC Dollars and 00So Cents $ $ Per Each 49. 180 EA Install 1- Gallon Bulbine Frutescens (Tiny Tangerine) @ IC (if 2 Dollars and Cents $ $ 00 Per Each PR 11 of 12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 50. 62 EA Install 1- Gallon Hesperaloe parviflora (Red Hesperaloe) @ Ff�e Dollars and Cents $ S $ _�IrO Per Each 51. 222 EA Install 1- Gallon Muhlenbergia capillaris 'Regal Mist' (Regal Mist Muhly) @ Dollars and Cents $ S` $ 1!/0 Per Each 52. 35 EA Install 1- Gallon Carissa grandiflora 'Green Carpet' (Green Carpet Natal Plum) @ P UQ Dollars and / 7S Cents $ r $ Per Each 53. 24 EA Install 6 -Inch Pots Echeveria Glauca'Imbricata' Hybrid (Blue Hen and Chicks) @ F/yP Dollars and 0 Cents $ r $ Per Each 54, 7 EA Install 1- Gallon Tulbaghia violacea 'Tricolor' (Variegated Society Garlic) @ (71/4C Dollars and 3 Cents $ r $ Per Each PR 12 of 12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 55. Lump Sum As -Built Drawings @ Three Thousand Dollars and Zero Cents $ 3,000.00 Per Lump Sum 56. Lump Sum 60 -Day Landscape Establishment & 30 -Day Landscape Maintenance @ BA"�- r- 'f"zW,,Mollars and /oao Cents $ Per Lump Sum TOTAL PRICE IN WRITTEN WORDS v-e / SixTy ,cY dive NG,S✓ Nedl R �� %1 t � i y re veN % NOItF�.r� l�ll+2 Nl, vo)kca Dollars Fr1 4C 7' &7 2Q09 Date Cents cP 66 so6 -7 t Y 00lP0Q0,q >i Bidder's Telephone and Fax Numbers -) 25 2Y2- /, Bidder's License No(s). and Classification(s) Bidder's email address: . (,-j C 7. r-6s Total Price (Figures) q ( C r9 ( f�NC INC- Bidder Bidder's A61horized Signature and Title -a a q/ V,,f /4,A/ d S T w-e s l'- Mt 11 Bidder's Address C A It /3 a7 G A(eq i (. C UA4 F:1Users \PB1MShared\ContractslFY 09- 101Avocado and Westdiff Medians C- 3967XPROPOSAL C- 3967.doo COMMENCEMENT OF THE WORK 1 1 1 1 1 1 2 2 2 2 2 2 2 3 3 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3987 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 5-2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 1 1 1 2 2 2 2 2 2 2 3 3 6.7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.1.2 Order of Work 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9-3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 17 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 17 201 -1 PORTLAND CEMENT 17 201 -1.1.2 Concrete Specified by Class 17 201 -2 REINFORCEMENT FOR CONCRETE 17 201 -2.2.1 Reinforcing Steel 18 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 18 212 -1 LANDSCAPE MATERIALS 18 212 -1.2.6 Soil Amendments 18 212 -1.6 Slope Fiber Cover 18 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 18 300 -1 CLEARING AND GRUBBING 18 300 -1.3 Removal and Disposal of Materials 18 300 -1.3.2 Requirements 18 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 19 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 19 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.5 Finishing 19 303 -5.5.2 Curb 19 303 -5.5.4 Gutter 19 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 19 308 -1 GENERAL 19 308 -4.10 Slope Fiber Cover 20 308 -6 LANDSCAPE ESTABLISHMENT AND MAINTENANCE 20 SECTION 02810 LANDSCAPE IRRIGATION 21 SECTION 02900 LANDSCAPE PLANTING 40 SECTION 02970 LANDSCAPE MAINTENANCE 50 SOIL & PLANT LABORATORY, INC. SOILS ANALYSIS FOR AVOCADO & WESTCLIFF MEDIANS SP 1 OF 57 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5958 -S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of mobilization, traffic control, construction notification, removing and disposing of existing landscaping and irrigation material, removing and disposing of existing concrete and any other paving material to accommodate project, installing landscaping and irrigation system, constructing concrete paving, removing and installing of electrical meter and wiring, removing and constructing curb and gutter, landscape establishment and maintenance, and all other incidental items of work necessary to complete the work in place." SECTION 3 - -- CHANGES IN WORK 3-3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, SP2OF57 "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4- -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and the Contractor shall pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." SP 3 OF 57 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT &T, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meters, valves, irrigation components, boxes and covers. Salvaged materials shall be delivered to the City Inspector. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The timer of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed. "' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all construction work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. The plant establishment period is 60 consecutive calendar days and shall commence after the Engineer has determined the work as completed and accepted. The plant maintenance period is 30 consecutive calendar days and shall commence after the Engineer has determined the plant establishment phase as completed and accepted. SP4OF57 The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work.' 6.7.1.2 Order of Work. Plant material shall not be installed until the irrigation system has been tested and accepted by the Engineer. Avocado Avenue Medians: Work shall be completed to the satisfaction of the Engineer at the two northeasterly medians prior to starting work at the two southwesterly median, other than weed abatement and clearing of planting areas, (Payment Items No. 3 and 37). 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 41n the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 20 (Christmas Eve), December 25`" (Christmas), and December 315` (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 15` July 4`n November 11`n December 24th December 25` or December 31st falls on a Saturday, the Friday before is a holiday." . 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 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 $500.00. SP5O1`57 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. 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 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 Manua / which is available for review at the Public Works Department or can be found on the City's website at www .newportbeachca.gov /publicworks and clicking on permits then selecting the link Construction Runoff Guidance Manual." SP6OF57 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. Providing measures to capture or vacuum -up water contaminated with construction debris. f. Removing any construction related debris on a daily basis. g. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back- charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Where applicable, pedestrian access must be maintained at all times. The Contractor shall cooperate with the Engineer to nearby residences and businesses. 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. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in the public right -of -way or City property if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." SP7OF57 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. 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 and sealed by a California licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. 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. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 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. SP8OF57 7 -10.7 Notices to Businesses and Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to businesses and residents describing the project and indicating the limits of construction. The City- generated notices shall be delivered to all properties along: 1. Avocado Avenue between Pacific Drive and E. Coast Highway, and 2. Westcliff Drive between Dover Drive and Irvine Avenue. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the businesses and residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a California Contractor's "A" or "C -27" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built" drawings. It shall be the Contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF as described in the City of Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). The "As- Built" Mylar plans and CD shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. SP9OF57 During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a material and equipment storage location, preparing the BMP Plan and construction schedule, providing submittals, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications, post signs and all costs incurred from notifying residents and businesses. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed Traffic Engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, and temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Avocado Avenue Medians - Remove and Dispose of Existing Plant Material: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing of the existing plant material, clearing and grubbing, pruning roots of any adjacent trees that interfere with construction, site preparation, and all other work items as required to complete the work in place. Cost shall include protecting trees in place per City's Tree Protection Zone (TPZ) requirements. Item No. 4 Westcliff Drive Medians - Remove and Dispose of Existing Plant Material: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing of the existing plant material, clearing and grubbing, pruning roots of any adjacent trees that interfere with construction, site preparation, and all other work items as required to complete the work in place. Cost shall include protecting trees in place per City's Tree Protection Zone (TPZ) requirements. SP 10 OF 57 Item No. 5 Westcliff Drive Medians - Remove and Dispose of Existing Irrigation System: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for removing and disposing of the existing irrigation system and appurtenances, site preparation, and all other work items as required to complete the work in place. Item No. 6 Westcliff Drive Medians - Remove Existing Meter Cabinet: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for disconnecting wiring, removing and disposing of an existing meter cabinet, electrical components, and base, and all work necessary to complete the work in place and protect any existing items required for the re- installation of a Single -Meter Cabinet in its place. Item No. 7 Westcliff Drive Medians - Install Myers Single -Meter Cabinet: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new Myers stainless steel cabinet per City of Newport Beach Standard 206 -L, base and electrical components, and wiring; removing and reconstructing conflicting concrete sidewalk, curb and gutter; backfilling; compacting; disposing of excess excavated materials; connecting to SCE service; and all other work items as required to complete the work in place. Item No. 8 Avocado Avenue Medians - Remove and Construct P.C.C. Type "A" Curb and Gutter: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for sawcutting, removing and disposing of the existing curb and gutter, compacting subgrade, constructing P.C.C. curb and gutter to match existing adjacent curb and gutter per City of Newport Beach Standard 182 -L, constructing curb openings of existing curb drains, AC patchback, re- chiseling curb face for existing underground utilities, repainting curb where applicable, restoring all existing public and private improvements damaged by the work, and all other work items as required for performing the work complete and in place. Location of curb and gutter removal and construction shall be directed by Engineer during construction. Omission of this payment item in its entirety will not result in any compensation. Item No. 9 Westcliff Drive Medians - Remove and Construct P.C.C. Type "A" Curb and Gutter: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for sawcutting, removing and disposing of the existing curb and gutter, compacting subgrade, constructing P.C.C. curb and gutter to match existing adjacent curb and gutter per City of Newport Beach Standard 182 -L, constructing curb openings of existing curb drains, AC patchback, re- chiseling curb face for existing underground utilities, repainting curb where applicable, restoring all existing public and private improvements damaged by the work, and all other work items as required for performing the work complete and in place. Location of curb and gutter removal and construction shall be directed by Engineer during construction. Omission of this payment item in its entirety will not result in any compensation. SP 11 OF 57 Item No. 10 Westcliff Drive Medians - Remove and Construct P.C.C. Type "B" Curb: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for sawcutting, removing and disposing of the existing curb, compacting subgrade, constructing P.C.C. curb to match existing adjacent curb per City of Newport Beach Standard 182 -L, constructing curb openings of existing curb drains, AC patchback, re- chiseling curb face for existing underground utilities, repainting curb where applicable, restoring all existing public and private improvements damaged by the work, and all other work items as required for performing the work complete and in place. Location of curb removal and construction shall be directed by Engineer during construction. Omission of this payment item in its entirety will not result in any compensation. Item No. 11 Westcliff Drive Medians — Power Wash Curb and Gutter: Work under this item shall include but not limited to, the cost of all labor, equipment and materials for power- washing the median curb and gutter, and all other items as required to complete the work in place. Any damaged curb and/or gutter as a result of the power wash shall be replaced at the Contractor's expense. Item No. 12 Westcliff Drive Medians — Remove and Dispose of Existing Maintenance Walk and Concrete: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for sawcutting, removing and disposing of maintenance and concrete walkway, and all other work items as required for performing the work complete and in place. Item No. 13 Westcliff Drive Medians — Remove and Dispose of Existing Pavement, Aggregate Base and Soil to depth of 30 inches. Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for sawcutting, excavating, removing and disposing of existing pavement, base and soil to a depth of 30 inches to accommodate for soil and landscape installation, and all other work items as required for performing the work complete and in place. Damage to curb and /or gutter as a result of work under this item in areas other than noted on Contract drawings, shall be removed and replaced at the Contractor's expense. Item No. 14 Westcliff Drive Medians — Furnish and Install Fill Soil. Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing fill soil per import soil specifications at locations shown on Contract drawings and as directed by the Engineer during construction. Item No. 15 Westcliff Drive Medians - Construct Maintenance Walk: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for compacting subgrade, constructing 4 -inch thick terracotta integral - colored stamped concrete maintenance walk in "running bond" pattern, restoring all existing facilities damaged by work, and all other work items as required for performing the work complete and in place. SP 12 OF 57 Item No. 16 Westcliff Drive Medians - Remove %" Water Meter and Install 1" Water Meter: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing of existing %" water meter, pipe material and appurtenances; excavating; backfilling; sawcutting; trench resurfacing; furnishing and installing new 1" water meter, pipe material and appurtenances; restoring all existing public and private improvements damaged by work, and all other work items as required to complete the work in place. The existing service line shall be re -used and protected in place. Item No. 17 Westcliff Drive Medians - Install 1 -114" Backflow Prevention Assembly: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1 -1/4" backflow prevention assembly, pipe material and appurtenances, and all other work items as required to complete the work in place. Item No. 18 Westcliff Drive Medians - Jack & Bore 4" Schedule 40 PVC Sleeves to Accommodate Irrigation Wiring or Mainline: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating bore pits, backfilling, furnishing and installing schedule 40 PVC sleeve material and appurtenances, removing and replacing decorative and/or standard pavement, and curb and gutter, and all other items as required to complete the work in place. Item No. 19 Avocado Avenue Medians - Remove and Install Remote Control Valves on New Main: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for disposing, furnishing, and installing new remote control valves and valve boxes on the new irrigation water system main, excavating, rewiring, backfilling, replacing all disturbed landscape material, repairing any damage to the irrigation system, appurtenances required to make connections, and all other items as required to complete the work in place. Item No. 20 Avocado Avenue & Westcliff Drive Medians - Install Flow Sensor Cable: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing flow new sensor cable in the existing irrigation conduit, furnishing and installing conduit where none exists, connecting to the irrigation system, replacing all disturbed landscape material, repairing any damage to the irrigation system, restoring all existing public and private improvements, appurtenances required to make connections, and all other items as required to complete the work in place. Item No. 21 Avocado Avenue & Westcliff Drive Medians - Install Irrigation Controller with Pedestal: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new irrigation controller with pedestal, electrical components, and wiring; removing and reconstructing conflicting concrete sidewalk and curb and gutter, backfill, compacting, disposing of excess excavated materials; connecting to Myers cabinet, and all other work items as required to complete the work in place. SP 13 OF 57 Item No. 22 Westcliff Drive Medians - Install 1 -114" Master Valve: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1 -114" master valves, excavation, backfill, pipe material, electrical connections, valve boxes, appurtenances to make connection to irrigation water system, and all other items as required to complete the work in place. Item No. 23 Avocado Avenue Medians - Install 1" Master Valve: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, electrical connections, furnishing and installing new 1" master valves, 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. 24 Avocado Avenue and Westcliff Medians - Install 1" Flow Sensor: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1" flow sensors and electrical components, wiring, electrical connections, valve boxes, and all other work items as required to complete the work in place. Item No. 25 Avocado Avenue & Westcliff Drive Medians - Install 2" PVC CL 315 Irrigation Mainline: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 2" PVC CL 315 irrigation mainline, pipe material, appurtenances required to make connections such as tees, laterals, elbows, etc., connections to water mainline, and all other items as required to complete the work in place. Item No. 26 Avocado Avenue & Westcliff Drive Medians - Install 10" Round Irrigation Pull Boxes: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 10" round pull boxes, electrical connections, backfilling, compacting, and all other work items as required to complete the work in place. Item No. 27 Avocado Avenue & Westcliff Drive Medians - Install Y4" Quick Coupling Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new' /" quick coupling valves, 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. 28 Avocado Avenue & Westcliff Drive Medians - Install 2" Pressure Reducing Valve: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 2" pressure reducing valves, pipe material, connections, valve boxes, appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. SP 14 OF 57 Item No. 29 Westcliff Drive Medians - Install %" Remote Control Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 314" remote control valves, electrical connections, 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. 30 Avocado Avenue & Westcliff Drive Medians - Install 1" Remote Control Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, electrical connections, furnishing and installing new 1" remote control valves, 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. 31 Westcliff Drive Medians - Install 1 -1/2" Remote Control Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, electrical connections, furnishing and installing new 1 -1/2" remote control valves, 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. 32 Avocado Avenue & Westcliff Drive Medians - Install Ball Valves: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new ball valves, pipe material, valve boxes and appurtenances to make connection to irrigation water system, and all other items as required to complete the work in place. Item No. 33 Avocado Avenue Medians - Install Irrigation Heads and Lateral Lines: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new irrigation heads and lateral lines, pipe material, appurtenance such as tees, elbows, etc., replacing all disturbed landscape material, repairing any damage to the irrigation system, restoring existing public and private improvements, and all other items as required to complete the work in place. Item No. 34 Westcliff Drive Medians - Install Irrigation Heads and Lateral Lines: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new irrigation heads and lateral lines, pipe material, and appurtenance such as tees, elbows, etc., replacing all disturbed landscape material, repairing any damage to the irrigation system, restoring existing public and private improvements, and all other items as required to complete the work in place. Item No. 35 Avocado Avenue Medians - Install Finish Grade: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, disposing, transporting, and delivering top soil to meet the finish grade SP 15 OF 57 requirements, soil amendments, and all other work items as required to complete the work in place. Item No. 36 Westcliff Drive Medians - Install Finish Grade Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, disposing, transporting, and delivering top soil to meet the finish grade requirements, soil amendments, and all other work items as required to complete the work in place. Item No. 37 Avocado Avenue Medians - Weed Abatement Program: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for applying herbicides, irrigation, and all other items as required to complete work in place prior to plant installation. Item No. 38 Westfcliff Drive Medians - Weed Abatement Program: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for applying herbicides, irrigation, and all other items as required to complete work in place prior to plant installation. .. Item No. 39 Avocado Avenue Medians - Install 2" Thick Mulch: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing a 2 -inch thick layer of mulch, and all other items as required to complete the work in place. Item No. 40 Avocado Avenue Medians - Install Slope Fiber Cover: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing slope fiber cover, fiber fasteners, and all other items as required to complete the work in place. Item No. 41 Westcliff Drive Medians - Install 2" Thick Mulch: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing a 2 -inch thick layer of mulch, and all other items as required to complete the work in place. Item No. 42 Install 1 Gallon Rhaphiolepis indica 'Clara' (Indian Hawthorne): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 gallon Rhaphiolepis indica 'Clara' (Indian Hawthorn), placement, soil amendments, and all other items as required to complete the work in place. Item No. 43 Install 1 Gallon Salvia greggii 'Red' (Autumn Sage): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 gallon Salvia greggii 'Red' (Autumn Sage), soil amendments, and all other items as required to complete the work in place. SP 16 OF 57 Item No. 44 Install 1 Gallon Aloe 'Rudikoppe' (Little Gem): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 gallon Aloe 'Rudikoppe' (Little Gem), soil amendments, and all other items as required to complete the work in place. Item No. 45 Install 1 Gallon Lantana 'New Gold' (New Gold Lantana): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 gallon Lantana 'New Gold' (New Gold Lantana), soil amendments, and all other items as required to complete the work in place. Item No. 46 Install 1 Gallon Hemerocallis Hybrid 'Hot Lips' ( Daylily): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 gallon Hemerocallis Hybrid 'Hot Lips' (Dwarf E.G. Daylily), soil amendments, and all other items as required to complete the work in place. Item No. 47 Install 1 Gallon Aloe striata (Ghost Aloe): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 gallon Aloe striata (Ghost Aloe), soil amendments, and all other items as required to complete the work in place. Item No. 48 Install 1 Gallon Cotyledon spp. (Long Fingers): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 gallon Cotyledon spp. (Long Fingers), soil amendments, and all other items as required to complete the work in place. Item No. 49 Install 1 Gallon Bulbine Frutescens (Tiny Tangerine): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 gallon Bulbine Frutescens (Tiny Tangerine), soil amendments, and all other items as required to complete the work in place. Item No. 50 Install 1 Gallon Hesperaloe parviflora (Red Hesperaloe): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 gallon Hesperaloe parviflora (Red Hesperaloe), soil amendments, and all other items as required to complete the work in place. Item No. 51 Install 1 Gallon Muhlenbergia capillaris 'Regal Mist' (Regal Mist Muhly): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 gallon Muhlenbergia capillaries 'Regal Mist' (Regal Mist Muhly), soil amendments, and all other items as required to complete the work in place. SP 17 OF 57 Item No. 52 Install 1 Gallon Carissa grandiflora 'Green Carpet' (Green Carpet Natal Plum): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 gallon Carissa grandiflora 'Green Carpet' (Green Carpet Natal Plum), soil amendments, and all other items as required to complete the work in place. Item No. 53 Install 6 -Inch Pots Echeveria Glauca 'Imbricata' Hybrid (Blue Hen and Chicks): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 6- Inch Pots Echeveria Glauca 'Imbricata' Hybrid (Blue Hen and Chicks), soil amendments, and all other items as required to complete the work in place. Item No. 54 Install 1 Gallon Tulbaghia violacea 'Tricolor' (Variegated Society Garlic): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for, transporting, delivering, storing, furnishing, and installing 1 Gallon Tulbaghia violacea 'Tricolor' (Variegated Society Garlic), soil amendments, and all other items as required to complete the work in place. Item No. 55 As -Built Drawings: Work under this item shall include all actions necessary to provide "as- built" construction drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. Item No. 56 60 -Day Landscape Establishment & 30 -Day Landscape Maintenance Phase: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for manpower, fertilizers, irrigation system inspection and operation, plant materials, supervision and all other items necessary to establish and maintain the landscaping for the entire duration of the two periods. 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." SP 18 OF 57 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 212 - -- LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS 212 -1.2.6 Soil Amendments. Soil amendments shall adhere to the "Tree and Shrub Planting Guidelines" section of the Soil & Plant Laboratory, Inc. analyses dated July 15, 2009, attached to these specifications. 212 -1.6 Slope Fiber Cover. Slope fiber cover shall be coconut fiber matting manufactured by North American Green, #C125. The fiber matting shall be provided by roll. Fiber matting and stakes shall be installed per manufacturer's specification. PART 3 CONSTRUCTION METHODS SECTION 300 --- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: www. newportbeachca .qov /generalservices and clicking on refuse then selecting the link Franchised Haulers List." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: 'Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "I ?/a 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. SP 19 OF 57 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. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.5 Finishing 303 -5.5.2 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" or "W" for sewer or water 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." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing all plant material that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. Where applicable, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the impacted work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forester for inspection. Upon inspection, the Urban Forester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines SP 20 OF 57 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 308.4.10 Slope Fiber Cover. All shrub planting areas located on slopes 4:1 and steeper shall receive a surface layer of slope fiber cover. Mulch shall not be installed in areas receiving fiber cover. 308 -6 Landscape Establishment and Maintenance. Add to this section, "The plant establishment period is 60 consecutive calendar days and shall commence after the Engineer has determined the work as completed and accepted. The plant maintenance period is 30 consecutive calendar days and shall commence after the Engineer has determined the plant establishment phase as completed and accepted. Such period shall commence after all "punch list" deficiencies have been corrected to the satisfaction of the Engineer." SECTION 02810 LANDSCAPE IRRIGATION PART 1 - GENERAL 1.01 SCOPE OF WORK: SP 21 OF 57 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 Establishment and Maintenance 1.02 REGULATORY AGENCIES: A. Comply with- all 'applicable state and local codes, ordinances and regulations. Obtain and pay for all permits and inspections required. B. Erect and maintain barricades, warning signs, lights and guards as necessary to protect all persons on the site as set forth by the City. 1.03 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 manufacturer 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. SP 22 OF 57 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. 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 Engineer. 5. The Contractor shall handle plastic pipe and fittings carefully and store undercover to avoid UV or other damage. Beds on which materials are stored must be full length of pipe. Pipe that has been damaged or dented shall not be used in work. 6. Immediately- notify the Engineer in case of discrepancies noted in the contract documents or field conditions that do not match contract documents. 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 Engineer'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 as directed by the City. 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 SP 23 OF 57 not have been considered in the irrigation design. Such obstructions or differences should be brought to the attention of the Engineer. In the event this notification is not performed, the irrigation contractor shall assume full responsibility for any revisions necessary to correct these discrepancies. 1.04 SUBMITTALS: A. Material List: 1. The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. No substitutions shall be allowed without prior written approval the Engineer. 2. Review of any items, alternatives or substitutes indicates only that products apparently meet the requirements of drawings and specifications on the basis of information of the samples submitted. 3. Submittals shall be provided within ten (10) consecutive calendar 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 ManufacturerModel Size(s) 1. Backflow Preventer Febco 860 2" 2. Pop -up Spray Head Toro 570Z NA 4. Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. 5. Work schedule including coordination of electrical and water connections and the placement of material and equipment. 6. Equipment or materials installed without the prior review of Engineer will be rejected; such materials shall be removed from the site. 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 Engineer 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 numbers. SP 24 OF 57 C. Provide the amount of cost savings or overage if the proposed substitute item is approved. 2. Substituted equipment or materials installed or furnished without prior approval of the Engineer may be rejected and the Contractor required to remove such materials from the site at his own expense. The Engineer 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 Engineer, 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. C. Record Drawings: 1. The Contractor shall provide and keep up to date a complete "record" set of bond prints which shall be corrected daily and show every change from the contract drawings and specifications and the exact locations, sizes and kinds of equipment. These drawings may also serve as work progress sheets and may be the basis for measurement and payment for work completed as deemed by the Engineer. 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 to the Engineer's satisfaction. These drawings shall be available at all times for inspection and shall be kept in a location approved by the Engineer. 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 the Engineer for documentation onto "Record" drawings. 4. 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 applicable. The minimum height of the dimensions shall be .10 ". Plans shall be to scale. a. Water point of connection b. Electrical point of connection C. Site irrigation supply lines d. Backflow preventers e. Master valve SP 25 OF 57 f. Flow sensor g. Ball valves h. Quick coupling valves i. Remote control valves j. Routing of pressure main line piping k. Routing of control and common wires I. Pull Boxes M. Other related equipment 5. Controller Charts: 6. Record drawings shall be evaluated by the Engineer before controller charts are prepared. 7. Provide two (2) controller charts for each controller, unless otherwise directed by the Engineer. 8. Provide "Bar" scale on original plan prior to reducing the size. 9. The chart shall show the area controlled by each automatic controller and shall be sized Yz" smaller than the controller door on all sides. 10. The chart is to be a reduced drafted copy of the final record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable prior to when the final controller chart is completed. 11. 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. 12. 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. 13. The charts shall be mounted using Velcro tape. 14. Controller charts shall be completed and approved by Engineer prior to final inspection of the irrigation system. D. Operation and Maintenance Manuals: 1. Prepare and deliver to the Engineer 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. C. Guarantee statement d. Complete operating and maintenance instructions on all major pieces of equipment in sufficient detail to permit operating personnel to operate and maintain the equipment. e. Equipment list providing the following for each item: • Index sheet stating Contractor's name, address, telephone number and name of contact person. SP 26 OF 57 • Manufacturer's name • Make and model number • Name and address of local manufacturer's representatives • Spare parts list in detail • Detailed operating and maintenance instructions for major equipment. 2. Provide two (2) manuals, unless otherwise directed by the Engineer. E. 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 gate valves (as required). C. Two (2) keys for each new automatic controller. d. Two (2) quick coupling valve keys. e. Sprinklers: • spray /rotor head bodies — (5) of each type • nozzles — (5) of each type 2. The above - mentioned equipment shall be turned over to the Engineer at the end of the Landscape Establishment and Maintenance Phase. F. Central Control: 1. The Contractor shall contact the City's General Services Department and verify that all equipment is operational to the operator's satisfaction. 2. For technical assistance with central control system, contact Mr. Scott Kyle at (949) 212 -8013. 3. For Controller /Sensor certification at start-up, contact Mr. Rick Bates at Hydroscape (949) 500 -1122. 1.05 PRODUCT DELIVERY. STORAGE AND HANDLING: X 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. SP 27 OF 57 1.06 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 Engineer 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 Engineer at the end of the Landscape Establishment and Maintenance Phase. D. The guarantee form shown below shall be re -typed onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have furnished 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 Engineer after receipt of written notice from the Engineer. All repair work shall completed to the satisfaction of the Engineer. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer 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: SP 28 OF 57 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. Pressure Supply Pipe: 1. Pressure supply line from point of connection through backflow preventer shall be brass as per local cross - connection codes. C. PVC Pressure Main Line Pipe and Fittings, (Potable): 1. Pressure main line piping shall be PVC Class 315 for all pipe 2" and larger, and Schedule 40 for all pipes 1 -112" 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 80, 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 manufacturer'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. 7. Use Rockwell Metal Repair Clamp for al mainline repairs. D. PVC Non - Pressure Lateral Line Pipe, (Potable): 1. Non - Pressure buried lateral line pipe shall be PVC Schedule 40 with solvent -weld joints. 2. Pipe shall be made from NSF approved, Type 1, Grade II PVC compound conforming to ASTM resin specification D1784. All pipe SP 29 OF 57 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 the same as that for solvent -weld pressure main line pipe and fittings. 4. Use PVC Slip Fix for lateral line repairs only. E. 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. F. Joint Primer: 1. Type as recommended by manufacturer of pipe. G. Joint Cement: 1. Solvent type as recommended by manufacturer. H. Brass Pipe and Fittings: 1. Where indicated on the drawings, use 85% red brass, schedule 40 screwed pipe conforming to Federal Specification #WW -P -351. 2. Fittings shall be medium red brass, screwed, 125 pound class conforming to Federal Specification #WW -P -460. 3. Assemble using teflon tape applied to male threads only. I. Backflow Prevention Devices: 1. Backflow Prevention Units shall be of the size and type indicated on the drawings. Install backflow prevention units in accordance with irrigation construction details and all local applicable codes and ordinances. 2. Wye strainers at backflow prevention units shall have a bronzed screwed body and shall be the type as specified on the plans. 3. Provide enclosure only if denoted on plans. 4. Install Febco 825Y series backflow devices. J. Ball Valves: 1. All ball valves shall be as specified on plan and installed per installation detail on plans. Matco 754 Series Full Port Ball Valve. K. Flow Sensors: 1. Flow sensing equipment shall be EVFM Flow Sensor manufactured by Rainmaster and shall be an insertion type with a non - magnetic, spinning impeller, (paddle wheel) as the only moving part. The sensor sleeve will be brass or 316 stainless steel with the impeller and sensor housing being glass - filled PPS. A Pinion bearing shall be inserted through the impeller and the shaft material shall be tungsten carbide. The sensor will be supplied with a 2" NPT adapter for installation into any commercially available weld -on fitting or pipe saddle. The adapter shall have two (2) ethylene propylene O- rings. The sensor electronics will be potted in an epoxy compound designed for prolonged immersion. Electrical L. M. SP 30 OF 57 connections shall be two (2) single conductor 18AWG leads eighteen (18) inches long. Insulation shall be direct burial "LIF" type, colored red for the positive lead and black for the negative lead. Insertion of the sensor into any pipe size shall be 1 -1/2 inches from the inside wall to the end of the sensor housing. The sensor shall operate in line pressures up to 400 PSI and liquid temperatures up to 22- degrees Fahrenheit, and operate in flows of one (1) foot per second up to thirty (30) feet per second. 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. 4. Rainbird #33DLRC Quick Coupling Valves with yellow Vinyl Cover. Normally - Closed Master Valves: 1. Master valves shall be the size and type as shown on the drawings. 2. Solenoid, if different from that normally supplied, shall be as specified on the drawings. 3. The remote control valve shall be a normally closed, 24VAC -50/60 cycle solenoid actuated globe pattern design capable of having a flow rate specified on the drawings and a pressure loss not to exceed manufacturer's specifications. The valve pressure rating shall not be less than 2,000 PSI, (13.8 bars, metric). 4. The valve body and bonnet shall be constructed of heavy cast brass, diaphragm shall be of nylon reinforced buna -n rubber. All other internal parts shall be made of bronze, brass, and stainless steel to ensure corrosion resistance. 5. The valve shall have both internal and external manual open /close control, (internal and external bleed), for manually opening and closing the valve without electrically energizing the solenoid. The valve shall have internal manual bleed to prevent flooding of the valve box. The valve shall house a fully encapsulated, one -piece solenoid. The solenoid shall have a captured plunger with a removable retainer for easy servicing, and a leverage handle for easy turning. This 24VAC 50/60 Hz solenoid shall open with 19.6 VDC minimum at 200 PSI, (13.8 bars metric). At 24VAC average inrush current, it shall not exceed .41 amps. Average holding current shall not exceed .23 amps. 6. The valve shall have a contamination -proof (CP) self - flushing nylon filter screen located a the valve inlet to filter out debris and prevent clogging of the hydraulic control ports and assure reliable SP 31 OF 57 operation. 7. The valve shall have a stainless steel flow control stem and cross handle for regulating or shutting off the flow of water. The valve must open or close in less than one minute at 200 PSI, (13.8 bars metric), and less than 30 seconds at 20 PSI, (1.4 bars metric). 8. The valve construction shall be such as to provide for all internal parts to be removable from the top of the valve without disturbing the valve installation. 9. The controller assembly shall be provided with a Master Valve Power assembly for the purpose of powering the master valve circuit independent of controller operation to pressurize the mainline for supplemental watering. This assembly shall consist of a timing module (with variable timing in thirty minute increments for up to three hours) mounted to the face of the backboard and pre - wired to a terminal interface board. 10. Install Griswold 2000 Solenoid Valve N. 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. Install Griswold DW Series valve. O. 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 12N18N12" deep rectangular boxes, Carson Industries #1419A -12B with green bolt down cover or approved equivalent. 3. 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. 4. Identification numbers shall be branded onto the box lids in 2 inch high letters and numbers as approved by the Engineer. 5. Vehicle traffic area boxes shall be concrete with cast -iron lid designed for vehicle traffic use as approved by the Engineer. P. Check Valves: 1. In -line Swing Check Valves 2" and smaller shall be made of high - impact PVC Type II material with EPDM seals. Valves shall meet or exceed ASTM D -1784, ASTM D -3139, ASTM D -2467 and ASTM D -2000 and Cell Class 15344 -C. Valves shall have a working pressure of 150 PSI at 73 degrees F, shall be NSF Standard 14 and 61 listed, and IAPMO listed. Valves shall have been tested by 03 11 SP 32 OF 57 ASTM F -1970. KBI, (King Bros. Industries #KSC) or equivalent, size per drawings. 2. Anti -drain valves set in sprinkler risers or pop -up swing joints shall be of heavy -duty virgin UV resistant brown -tone PVC construction with FIP thread inlet and outlet. Internal parts shall be stainless steel with Buna -N seals. Valve shall be preset at 12 feet of head, (5 PSI) and be adjustable up to 32 feet of head, (14 PSI). Anti - drain valve shall be King Bros. Industries, (KBI), "CV" series or approved equivalent. High Voltage Wiring: 1. Electrical work shall conform to all applicable codes, ordinances and union authorities having jurisdiction. Only qualified electricians shall work with high voltage design, equipment or wiring. 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 with PVC Insulation. 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 Spears #DS -100 Dri- Splice Connectors with crimp sleeves and Spears #DS -300 Dri - Splice Sealant. 6. Field splices between the automatic controller and electric control valves will not be permitted without prior approval of the Engineer. 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 Engineer for the number of extra wires to be run in SP 33 OF 57 differing directions. S. Cable: 1. Sensors may be located up to 2,000 feet from transmitters or displays. All data communications wire connecting flow sensors to the electronics that are buried below grade, with or without conduit, shall be constructed to direct burial specifications similar to Telecommunications Exchange Cable (REA PE -89). 2. The cable shall be constructed of 20AWG or larger copper conductors twisted into pairs of varying lengths to prevent cross talk. Conductors shall be insulated with polyethylene or propylene with a suggested working voltage of 350 volts. The cable shall feature an aluminum - polyester shield and be finished with a black high- density polyethylene jacket. The cable should be equivalent to Belden No. 9883 or Anxiter E- 000319DFC. 3. It is important that all wire connections be absolutely watertight with no leakage to ground or shorting from one conductor to another. Epoxy type wire connector kits such as 3M Series 3500 Scotch- - LOK connector packs or 3M Series 7000 Epoxy Wire Connector Kits shall be used. If one connector is used for both wire connections, the splices shall be staggered to prevent shorting. Install per manufacturer's specifications. T. Automatic Controller: 1. The automatic controller shall be Rainmaster Evolution Irrigation controller. Contact Scott Kyle and Rain Master (949) 212 -8013 for central control information and coordination. 2. The Engineer prior to installation shall approve final location of automatic controllers. 3. The final hook -up of the automatic controller to the 120 -volt power source shall be the responsibility of the irrigation contractor. 4. Install controller in protective enclosure per drawings. U. 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. V. Location Tape: 1. Submit a plastic warning /location tape to be used over all mainline, wires, communication cable, conduit, sleeves etc. Do not provide location tape over lateral non - pressure lines. SP 34 OF 57 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 Engineer 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 Engineer. Do not exceed the maximum or minimum spacing indicated by the 3.03 SP 35 OF 57 manufacturer. 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. C. Electrical Supply: 1. An electrical connection for automatic controller shall be made to electrical points of connection as shown on the 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. 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 non - pressure lateral lines. G. Provide for a minimum of control wiring. twelve- (12) inches cover for all eighteen- (18) inches cover for all d. Provide for a minimum of twenty -four (24) inches for all sleeving from finish grades under paving and base. 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 (1/2) 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 SP 36 OF 57 without cost to the City. C. Trenching and Backfill Under Paving: 1. Trenches located under areas where paving, asphalt concrete or concrete will be installed, shall be backfilled with sand (a layer six (6) inches below the pipe and four (4) inches above the pipe), and compacted in layers to 95% compaction, using manual or mechanical tamping devices. Trenches for piping shall be compacted to equal the compaction of the existing adjacent undisturbed soil and shall be left in a firm unyielding condition. The sprinkler irrigation Contractor shall set in place, cap and pressure test all piping under paving prior to the paving work. 2. Piping under existing paving may be installed by jacking or boring. No hydraulic driving shall be permitted. Where any cutting or breaking of sidewalks and/or concrete is necessary it shall be done and replaced by the Contractor as part of the contract cost. Permission to cut or break sidewalks and or any paving shall be obtained from the Engineer. 3. Provide for a minimum cover of twenty four (24) inches between the top of the pipe and the bottom of the aggregate base for all pressure and non - pressure piping installed under asphalt concrete paving. D. 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 its own outlet. 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. SP 37 OF 57 E. 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. F. Automatic Controller: 1. Install controller per manufacturer's instructions. Remote control valves shall be connected to controller in numerical sequence as shown on the drawings. G. High voltage wiring for Automatic Controller: 1. The irrigation contractor shall provide 120 -volt power connection to the automatic controller. 2. All electrical work shall conform to local codes, ordinances and union authorities having jurisdiction. H. 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. I. 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. J. 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. 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. SP 38 OF 57 3.05 EXISTING TREES: A. Where it is necessary to excavate adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. Excavation in areas where two (2) inch and larger roots occur shall be done by hand. All roots two (2) inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap, to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than two (2) inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through the roots. Roots one -half (1/2) inch and larger in diameter shall be painted with two coats of tree seal, or equivalent. Trenches adjacent to trees should be closed within twenty -four (24) hours; and where this is not possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas. 3.06 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 Engineer. 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 Engineer 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 SP 39 OF 57 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 watertight, 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 Engineer. 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 by the Engineer. 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 Engineer, 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 Engineer. 3.07 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 Landscape Establishment and Maintenance Phases of work on Westcliff Drive and the two (2) southwesterly median islands on Avocado Avenue. C. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction period until acceptance by the Engineer prior to the Landscape Establishment and Maintenance phase for the two (2) northeasterly median islands on Avocado Avenue. 3.08 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 SP 40 OF 57 others shall be repaired to original conditions. 3.09 FINAL OBSERVATION PRIOR TO ACCEPTANCE: A. The Contractor shall operate each system in its entirety for the Engineer at the time of final observation at the end of the Landscape Establishment and Maintenance Phase. Any items deemed not acceptable by the Engineer shall be reworked to the complete satisfaction of the Engineer. B. The Contractor shall show evidence to the Engineer that the City has received all accessories, charts, record drawings and equipment as required before the final observation can occur. 3.10 OBSERVATION SCHEDULE: A. The Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the following time schedule. The Contractor shall be familiar with the number and type of irrigation observations necessary prior to work. Typical observations may consist of , but not be limited to the following: 1. Pre -job conference 7 days 2. Pressure supply line installation and testing 48 hours 3. Automatic controller installation 48 hours 4. Control wire installation 48 hours 5. Lateral line and sprinkler installation 48 hours & Coverage test 48 hours 7. Observation to begin Landscape Establishment and Maintenance Phase 7 days 8. Final observation at the end of the Maintenance Phase 7 days B. In the event the Contractor calls for an observation without record drawings, without completing previously noted corrections, or without preparing the system for proper observation to the satisfaction of the Engineer, the observation may be postponed. -End- SECTION 02900 LANDSCAPE PLANTING PART 1 - GENERAL 1.07 SCOPE OF WORK: A. Furnish all labor, materials, equipment, transportation, and services SP 41 OF 57 necessary to provide and install landscape planting as shown on the drawings and described herein. B. Related Work Specified In Other Sections: 1. Landscape Irrigation 2. Landscape Establishment and Maintenance 1.08 QUALITY ASSURANCE AND REQUIREMENTS: A. Source Quality Control: 1. Arrange procedure for inspection of plant material with Engineer prior to work. Should the Contractor desire the Engineer to inspect the plant material at the nursery prior to delivery, the Contractor shall notify the Engineer seven (7) consecutive days prior to this requested inspection. 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. 3. Contractor shall provide photos of plants prior to delivery and packaging slips after delivery. 1.09 SUBMITTALS: A. Certificate of Inspection of plant material by State or Federal Authority shall be presented if requested by the Engineer. 1.10 PRODUCT DELIVERY, STORAGE AND HANDLING: 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 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 consecutive calendar days. 3. Protect plant material during delivery to prevent damage to root ball or desiccation of leaves. 4. The Contractor shall notify the Engineer 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) SP 42 OF 57 hours. C. Handling: 1. Do not drop plant materials. 2. Do not pick up container plant material by stems or trunks. 1.11 JOB CONDITIONS: A. Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted industry practice. 1.12 SAMPLES AND TESTS: A. Soil sample analyses for the Westcliff Drive and Avocado Medians have been included at the end of the special provisions. B. The Engineer reserves the right to take and analyze samples of materials for conformity to specifications at any time. Rejected materials shall be immediate) removed from the site at the Contractor's own expense. The Y P cost of testing of materials not meeting specifications shall be paid by the Contractor. 1.13 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 for trees and shrubs from the effective date of completion of the Landscape Maintenance Phase of the project as established by the Engineer. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the Engineer, 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) consecutive calendar days of written notification by the Engineer. B. Any materials found to be dead, missing or in poor condition during the Establishment and /or Maintenance Period shall be replaced immediately. The Engineer shall be the sole judge as to the condition of the material. PART 2 — PRODUCTS 2.01 MATERIALS: A. Planting tablets: 1. Slow- release type, containing the following percentages of nutrients by weight: 20% nitrogen 10% phosphoric acid 5% potash SP 43 OF 57 2. 21 gram tablets as manufactured by Agriform or approved equivalent, applied per manufacturer's recommendations. B. Organic Amendment: 1. Nitrolized redwood or fir sawdust 2. Nitrolized compost. Rates and fertilizers may have to adjusted depending on analysis of selected composts. C. Top Soil: 1. Top soil, 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 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: 3. Chemistry: a. Reaction (pH) saturated paste 6.0 -7.6 b. Salinity (ECe dS /m) saturation extract not to exceed 3.0 C. Sodium adsorption ratio (SAR) not to exceed 6.0 d. Boron in saturation extract, ppm not to exceed 1.0 4. Texture: Particle Size USDA Sieve Size (mm) Objective - %passing Gravel 2.0 >85% Coarse sands 0.5 >75% Silt plus clay 0.05` <35% D. 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. All plants shall have normally well - developed branch systems, not sparse, irregularly spaced, thin 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 SP 44 OF 57 are found to be defective, the Engineer reserves the right to reject the entire lot or lots of plants represented by the defective samples. The Engineer 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 Engineer. 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 Engineer. 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 Engineer. 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. 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 Engineer. E. Mulch Cover: SP 45 OF 57 1. All shrub planting areas as denoted on drawings shall receive a surface layer of nitrogen fortified shredded tree and plant material mulch. The mulch shall consist of "TV400 Mulch" walk -on mulch as manufactured by Tierra Verde, Irvine, California, (800) 792 -5983. Provide depth of 2" minimum over finish grade in general planting areas, and 1" depth within watering berm around plant base. 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, and kept 6" from trunk. F. Slope Fiber Cover: 1. All shrub planting areas located on slopes as denoted on drawings shall receive a surface layer of coconut fiber. The fiber shall be as manufactured by North American Green, #C125. The fiber shall be provided by roll. Install fiber and stakes per manufacturer's specifications. G. 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 3.01 INSPECTION: A. Verify that final grades have been established prior to beginning planting operations. B. Inspect shrubs and, plant material for injury, insect infestation and shrubs for improper pruning. C. Do not begin planting until irrigation mainline pressure test and irrigation coverage tests are accepted. 3.02 PREPARATION: A. Contractor shall demolish all existing shrubs and iceplant plantings with 100% of debris removed from site, unless otherwise noted on drawings. Contaminated soil shall not be re -used. B. All shrubs and trees shall be placed on the ground in their original containers to have their locations approved by the Engineer. Once approved, the plant pits may be dug. No plant pits shall be dug until the locations are approved. Any plant not planted in the approved location shall be moved to the approved location, or a new plant shall be provided to be planted in the approved location. The Engineer has the sole discretion as to whether the original or a new plant shall be installed at the approved location. Minor adjustments to the locations may be required if SP 46 OF 57 so deemed by the Engineer after planting C. Do not begin excavation until plant locations and plant beds are acceptable to the Engineer. 3.03 PRE - PLANTING INSTALLATION: A. Excavation for Planting: 1. Pits and Trenches: a. Shape: 1. Dig vertical sides and flat bottom on all pits and trenches. b. Size: 1. All plant pits for shrubs shall be dug twice the diameter and the depth of the root ball, allowing for the root crown to be a minimum of 1" above finish grade. B. Shrub Backfill: a: Backfill hole with non - amended native soil to a height 12° below finish grade. Place fertilizer plant tabs at this location as denoted below. Backfill remaining hole to finish grade elevation with soil having no more than 10% by volume organic matter. C. Final Grades: 1. 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 1" below adjacent paved areas, sidewalks, and valve boxes in turf areas, and 2" in shrub planting areas. 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. D. Dispose of Excess Soil: 1. Dispose of unacceptable or unused excess soil off -site in a manner consistent with local codes to the satisfaction of the Engineer. E. Erosion Control: 1 . Install coconut fiber matting on all slopes as shown on the SP 47 OF 57 drawings. Only install matting material on slopes to receive plant material from containers. Verify matting locations with the Engineer prior to installation. Matting shall be installed per manufacturer's specifications. F. Maintenance of Final Grades: 1. It shall be the responsibility of the Contractor to maintain the final grades throughout the Construction and Landscape Establishment and Maintenance Phases on Westcliff Drive and two (2) southwesterly median islands on Avocado Avenue. The Contractor shall maintain the final grades throughout the Construction phase until final approval by the Engineer on the two (2) northeasterly median islands on Avocado Avenue. 2. Any trench settling on the two (2) northeasterly median islands on Avocado Avenue during the Landscape Establishment and Maintenance phases shall be properly and immediately repaired and re- sodded at no additional cost, to the Engineer's satisfaction. 3. All erosion shall be properly repaired at the Contractor's own cost to the Engineer's satisfaction. Any slope soil run -off onto adjacent paving areas shall be cleaned regularly by the Contractor. 3.04 PLANTING INSTALLATION A. 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 Engineer. 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. B. Weed Control: 1. After soil preparation and establishment of final grades prior to any planting, the Contractor shall irrigate thoroughly for a period of 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 SP 48 OF 57 removed except on slopes 2:1 or greater where they shall remain to add to the slope's stability. C. Lay -out of Major Plantings: 1. Locations of plants to be planted shall be approved by the Engineer before any plant pits are dug. Plants shall be located within their original containers on site and have their locations approved by the Engineer prior to any plant pits being dug. 2. Plant tabs shall be placed on the top of each container at this time for easy verification of the number of plant tabs to be used on each plant. 3. If an underground construction or utility line is encountered in the excavation of planting areas, notify the Engineer immediately to clarify if the utility line is dangerous. Other locations for planting may be selected by the Engineer. D. Can Removal: 1. Cut cans on two sides with an acceptable can cutter. 2. Do not injure root ball 3. Do not cut cans with an ax or spade. 4. Carefully remove plants without injury or damage to the root ball. 5. After removing the plant, superficially cut edge -roots with a knofe on three sides. E. Planting of Shrubs: 1. Excavation for planting shall include the stripping and stacking of all acceptable topsoil encountered within the areas to be excavated for trenches or plant pits. 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 Engineer. 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, non - amended backfill shall be added to the hole to cover rootball to within 12" of finish grade. At this stage, water shall be added to the top of the partly filled hole to thoroughly saturate the root ball and adjacent soil. After the water has completely drained, planting tablets shall be placed as indicated on the manufacturer's packaging specifications. 9. Hand backfill the remainder of the hole with amended soil having SP 49 OF 57 no more than 10% by volume organic matter, and hand tamp leaving a slight depression around bases of plants. 10. After backfilling, an earthen basin shall be constructed around plants as follows: a. Each basin shall be of a depth sufficient to hold at least two (2) inches of water b. One - gallon plants shall have a basin not less than eighteen (18 ") inches in diameter. C. Five - gallon plants shall have a basin not less than twenty- four (24 ") inches in diameter. 11. 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. b. Refer to "Special Provisions" section for root pruning specifications. 3.05 CLEAN -UP A. 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 at the end of each working day. All trash shall be removed completely from the site throughout the Construction Phase to the satisfaction of the Engineer. 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 3.06 OBSERVATION SCHEDULE: A. The Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the following time schedule. The Contractor shall be familiar with the number and type of planting observations necessary prior to work. Typical observations may consist of, but not be limited to the following consecutive calendar day schedule: 1. Pre -job conference 7 days 2. Plant material inspection 7 days 3. Plant material layout/approval 7 days 4. Final planted locations 7 days 5. End of Construction punch list 7 days 6. End of Landscape Establishment phase punch list 7 days 7. End of Landscape Maintenance phase SP 50 OF 57 Punch list 7 days 8. Final observation at the end of the Maintenance Phase 7 days B. In the event the Contractor calls for an observation without record drawings, without completing previously noted corrections, or without preparing the system for proper observation to the satisfaction of the Engineer, the observation may be postponed. -END- SECTION 02970 LANDSCAPE ESTABLISHMENT AND MAINTENANCE PART 1 —GENERAL 1.14 SCOPE OF WORK: 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 1.15 AREA DEFINITION AND SCOPE: A. Westcliff Drive 1. Contractor shall fully maintain all median islands and associated areas and equipment for the full plant establishment and maintenance periods upon approval by the Engineer. B. Avocado Avenue 1. On the two (2) southwesterly median islands receiving full irrigation and planting the Contractor shall fully maintain all areas and equipment for the full plant establishment and maintenance periods. 2. On the two (2) turfed northeasterly median islands the Contractor shall fully maintain all areas and equipment throughout the Construction Phase only. Upon acceptance by the Engineer, the contractor shall turn over all maintenance work on these two medians to the City. The Contractor shall maintain his guarantee for one (1) full year on these islands and shall immediately repair any trenches at the Engineers request throughout the length of the maintence period as defined for the other islands. The City shall be responsible for the operation of the valves on these two turf median islands. Maintenance shall include weekly mowings. SP 51 OF 57 1.16 GENERAL MAINTENANCE: A. The length of the plant establishment period shall be sixty (60) consecutive calendar days and the maintenance period shall be thirty (30) consecutive calendar days. B. A punch -list walk shall be conducted at the end of the 60 day establishment period. C. Maintenance of plant materials shall include, but not be limited to weekly mowing, 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 sidewalks, 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. 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, the airflow out of vents and conflict with pedestrians and vehicles or their views. L. Safety of users shall be a prime goal of maintenance especially in regard to trimming of ground covers away from edges. M. The Contractor, at his own expense, shall immediately replace all plant material that has failed during the Landscape Maintenance Phase. 1.17 QUALITY ASSURANCE: A. Work Force: 1. The Contractor's representative shall be experienced in landscape SP 52 OF 57 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. 1.18 LANDSCAPE ESTABLISHMENT AND MAINTENANCE PHASE: A. The Contractor shall continuously maintain all areas involved in this contract as denoted on drawings during the progress of the work and during the Landscape Establishment and Maintenance Phase until final acceptance of the work by the Engineer. B. Improper maintenance or poor condition of any plantings as determined by the Engineer, during or at the end of the scheduled establishment period and maintenance period may cause postponement of the final completion date of the contract at the Contractor's cost. Project maintenance shall be continued by the Contractor at his expense until all work is acceptable to the Engineer. C. Any period of time the Contractor fails to adequately maintain plantings, replace unsuitable plants, perform weed control or other work, as determined by the Engineer, that time will not be credited to the plant establishment and maintenance period, and shall be added on the end of the Landscape Maintenance Phase. D. The Contractor's maintenance period shall be extended should the provisions within these plans and specifications not be fulfilled to the Engineer's satisfaction. 1.19 START OF LANDSCAPE ESTABLISHMENT PHASE: A. The 60 day Landscape Establishment Phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete and accepted by the Engineer. B. The Contractor shall request an inspection to begin the Landscape Establishment 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 Engineer, a field notification shall be issued to the Contractor from the Engineer, to establish the effective beginning date of the Landscape Establishment Phase. The Engineer has the ultimate authority in setting the beginning date for the Landscape Establishment. 1.20 START OF LANDSCAPE MAINTENANCE PHASE SP 53 OF 57 A. The 30 day Landscape Maintenance Phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete and accepted by the Engineer at the end of the the landscape establishment phase. B. The Contractor shall request an inspection to begin the Landscape Maintenance Phase after all planting and related work has been reviewed and accepted by the Engineer. If such criteria are met to the satisfaction of the Engineer, a field notification shall be issued to the Contractor from the Engineer, to establish the effective beginning date of the Landscape Maintenance Phase. The Engineer has the ultimate authority in setting the beginning date for the Landscape Establishment. 1.21 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 Landscape Maintenance Phase as established by the Engineer. Any plant material found to be dead, missing or in poor condition as determined by the Engineer, shall be immediately replaced by the Contractor at his expense. B. Any materials found to be dead, missing, or in poor condition as determined by the Engineer, during the Landscape Maintenance Phase shall be replaced immediately, not at the end of the Landscape Maintenance Phase prior to inspection. The Engineer 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. 1.22 FINAL PROJECT SUBMITTALS: A. Prior to the date of the final inspection at the end of the Landscape Establishment Phase, the Contractor shall deliver a bond copy of the red- lined site 'Record" drawing of the project to the Engineer. Prior to the date of final inspection at the end of the Landscape Maintenance Phase, the Contractor shall deliver to the Engineer the "Landscape and Irrigation Guarantee" as required. All other submittals as incorporated in the Irrigation and Planting Specifications shall also be completed prior to the final acceptance by the Engineer. PART 3 — EXECUTION 3.01 MAINTENANCE: A. Maintenance shall conform to the following standards: 1. All areas shall be kept free of debris and all planted areas shall be SP 54 OF 57 mowed, weeded and cultivated at intervals of not more than seven (7) consecutive calendar days. Watering, 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, pests or other damage as deemed by the Engineer shall be repaired at the Contractor's expense. 3. All 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) consecutive calendar days. 3.02 SHRUB CARE: A. 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. B. 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. e. Refer to "Special Provisions' section for root pruning specifications. C. Weed Control: 1. 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 weed seed germination. Avoid post- emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. 2. Use of chemical spraying may be necessary to rid turf areas of noxious weeds. D. Insect Control: 1. Maintain a reasonable control with approved materials and methods that are legally accepted in the area. E. Disease and Pest Control: 1. The Contractor shall be responsible to control all diseases and pests during the Landscape Establishment and Maintenance SP 55 OF 57 Phases. All disease and pest control materials and methods shall be at the direction of a licensed pest control operator. The Engineer 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. F. Fertilization: 1. Fertilize all planting areas with the following materials. 2. Avocado Avenue and Westcliff Drive: a. Both sites shall have sulfur coated urea uniformly broadcast at the rate of 5 lbs. per 1000 sq. ft. every 120 days or as growth and color dictate with the first application occurring approximately 90 calendar days after planting. Contractor shall apply these fertilizers at the end of the Landscape Maintenance phase prior to final walk, and shall provide previous notification to Engineer. Provide receipts denoting material used and quantities provided at each site to the Engineer. For on -going fertilization, in early fall and spring, substitute a complete fertilizer such as 16 -6 -8, or equal, for the sulfur coated urea at the rate of 6 lbs. per 1000 sq. ft. to ensure continuing supplies of phosphorus and potassium. 3. Avocado Avenue: a. Avocado Avenue shows some micronutrients as being below optimum. Should symptoms of manganese deficiency be seen, (general loss of color, followed by yellowing beween veins and brownish -black spots appearing) add manganese chelate. Should symptoms of iron and zinc deficiency be seen, (yellow, almost white, interveinal chlorosis on the youngest growth), add iron /zinc chelate. b. Apply at manufacturer's recommended rates. C. Monterey AgResources line of chelated micronutrent formulations under the brand name SEQUESTAR. d. Apply either foliar or soil applied. 3.03 IRRIGATION SYSTEM A. The Contractor shall check all systems for proper operation a minimum of once a week. 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. B. Set and program automatic controllers for seasonal water requirements. Contact the city's central irrigation control person, Scott Kyle, (949) 212- 8013 prior to any adjustments to controllers. 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 SP 56 OF 57 weather. Give Engineer a key to new controllers and instructions on how to turn off the system in case of emergency. C. 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 specked on the plans and specifications. 3.04 FINAL ACCEPTANCE A. 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 to the Engineer's satisfaction.. B. All plant material shall have new growth trimmed neatly, and all hardscape shall be cleaned prior to final acceptance. SP 57 OF 57 Soil & Plant Laboratory, Inc. Soils Analysis for Avocado & Westcliff Medians e Soil Plant Laboratory, inc Love. m s s w.l T«u 5w. 190 . ,. Rand bona ry.mm 1 • -a I me�Cor i mm Orange office Lab No: 09- 182-0010 Locauors: July 15, 2009 Cary of Newport Bead 352 Mathew St 3300 Newport Blvd. Sarda Clara, 95050 Newport Beach, CA 92658 (408) 727 -0330 Attn: Iris Lee, Senior Evil Engineer, Public Works Dep. WESTCLIFF MEDIAN - ADDENDUM 1594 Nash Main SL Attached are the results of the analysis performed on a soil sample collected from the Westdllf Orange, Ch 92867 Median and received by Soil and Plant Laboratory on July 1, 2009. This sample was analyzed for (714) 282 -8777 nutrient levels and soil suitability. On July 10" maintenance recommendations for general a general landscape were provided. It was learned on July 141h that this testing was performed in preparation for a landscape renovation. Planting recommendations are provided below. Analytical Results: Nitrogen is low, phosphorus is ample and potassium is low -optimum. Calcium and magnesium are sufficient for plant nutrition. Zinc is nearly 15 times higher than full sufficiency and products containing that nutrient should riot be used in this area for a long time. Manganese and iron are well supplied. Salinity (EGe) is slightly elevated at 2.9 dS/m, which could cause salt sensitive plants to show some tip burning of older leaves. However, this level of salinity is not especially high and as long as initial irrigations are thorough, salinity should riot be a problem. The primary contributor to the ECe value is soluble calcium. The reason of time soil is neutral, being measured at 7.0 on the pH scale- This is suitable for a broad range of plants and no pH adjustment is nary. Comments If the organic content of the soil is low, incorporating organic amendment at the provided rate and depth will improve soil physical properties. If organic content of the soil is sufficient, no organic amendment is necessary. Recommendations Surface Sod Preparation for Turf. Gnamdcover and Mass Plantlnc If feasible, prior to amending the areas where severe compaction end, the surface sod should be ripped or tilled to a 9-inch depth. Uniformly broadcast and blend the following with existing soil to a 6- inch depth. AMOUNT PER 1000 SO. FT. 4 a. yds. nitrogen fortified organic amendment (compost* or redwood or fir sawdust) 7 lbs. ammonium sulfate (21 -0-0) *Rates and fertllbws may have to be adjusted depending on analysis of selected compost 1 • -a I me�Cor i mm O Soil Plant Laboratory, nc Loaders m S 1 & Rem r—fing a 19 �rs6l.dpl .baraf yc Page 2 City Of Newport July 15, 2009 Tree and Shrub Plantinn Guidelines 1. Excavate planting pits at least twice the diameter of the rootball. 2. The top of the motaall should be at or slightly above final grade 3. Organic material is not required in the baddfll; however if you wlslh, the amended surface soli or a soil blend consisting of no more than 10% by volume organic matter can be placed in the upW 1 jndnes of baddsll only. Sail below this depth should not contain any added organic matte' because of the treat of plant disease and/or anaerobic sal conditions developing. 4. Place stow release fertilizer tablets in the upper 12 incthes of back ill at man utdchlrers recommended rates. If fertilizer amended sal is heed as a baddiill the addition of slow release fertilizer tablets is not necessary. 5. Do nut cover the original rootball with otter soil. Idly, a temporary soil berm is often constructed around the outer edge of the rootball to help channel water into the rootball and then Into surrounding sal until row are established in the baddill and the roothall is no longer the sole source of water for the plant 6. Ideally, a weed and turf free zone, preferably 2 -3 ft in diameter, should be maintained just beyond the diameter of the planting tole. A 2-4 inch deep layer of coarse mulct can be placed around the tree or shrub; mulct should be kept a minimum 4-6 inches from the bw*. Maintenance Fertivation For turf, gm n cloover and mass planting areas, umifarrniy broadcast sulfur coated urea at the rats of 5 lbs. per 1000 sq. ft. every 611-90 days or as growth and ooior dictate with the first application occurring approximately 45 days after planting. In early fall and spring, substitute a complete fertilizer such as 16- 6-8, or equal, for the sulfur coated urea at the rate of 6 lbs. per 1000 sq. ft to ensure continuing supplies of phosphorus and potassium. Tree and shrub plantings can be maintained with the above fertil¢ws; however, the frequency between applications should be every 120 days with the first application occurring approximately 90 days after planting. Fellow each fertilization with a thorough irrigation. If we can be of any further assistance, please feel free to contact us. Jason Gihring Soil &Plant Laboratory, Inc. Loaders m SO a naM Toniae Since 1946 35241tfty S4ed SWaC ACA 85050 408727A33 i0me) 408727- 5125(fax) SOIL ANALYSIS Send To: Projed :' Report No: 69.162 -me City Of Newport Beach Westc5ff Median gust No: 00766 3300 Newport Blvd 73 ppm Date Printed: 077062009 Newport Beach CA 92658 211 ppm Date Received: 0770172009 Y x. .'`r ,.1:` `iJ� i'a,.. - z`To -.":>7 i Page: 1 of 1 Powasium - set. e11L 1.6 meglL Lab Number: 17232 Sample Id: SRO S47I SATURATION EXTRACT - PLANT SUITABILITY . 9rucnae and water Infiltration of mineral soft potanyagy adversely affected at SAR values tligtler than 6. EXTRACTABLE NUTRIENTS Test Avabb" Result 36 ppm Suffieiency Feet or 0.5 . SOIL TEST RATINGS Madwm V PhosPhoms(P) -Olsen 73 ppm 1.6 Potw=im ( 211 ppm 0.8 Y x. .'`r ,.1:` `iJ� i'a,.. - z`To -.":>7 i Powasium - set. e11L 1.6 meglL caldum(ca) 3314 ppm 1.1 01 calium -SK R 19.3 meWL Mepnesium (Mfg) 423 ppm 1.0 Magnesium- sate#. 17 magtL COPP" (cu) 0.0 ppm Zinc(Zn) 70 ppm 7.3 Marlgerlesa (Mn) 16 PPM - - Imn (Fe) 63 PPM 0.6 Berm B)- Set MEL 0.49 ppm 1.6 Su#ew -set 0A 19.9 meglL 66 Fxch Aluminum Gu, u1, mn and Fe were analyzed by DTPA extract. 23 ppm 13 ppm 190 megft Graphical interpretation is a general guide. Optimum levels will vary by crop and objecfi e 352 M.athm SL Santa Clara, CA 95050 (408) 727 -0330 1594 North Main St. Orange, CA 92867 (714) 282 -8777 M Soil &,-Plant Laboratory, Inc Icvaon in Sag 8 Tm, lasen9 S "mae 19a6 smw.soil9ndplarNa9owtwymm Orange office Lab No: 09- 182 -0009 July 15, 2009 Gty of Newport Beads 3300 Newport Blvd. Newport Beach, CA 92658 Attn: Iris Lee, Sentor Civil Engineer, Punic Works Dept AVOCADO MEDIAN - ADDENDUM Attached are the results of the analysis performed on a soil sample collected from the Avocado Median and received by Soil and Plant Laboratory on July 1, 2009. This sample was analyzed for nutrient levels and soil suitability. On July 10x1 maintenance recommendations for general a general landscape were provided. It was learned on July 140 that this testing was performed in preparation for a landscape renovation. Planting recommendations are provided below. The reaction of the soil is slightly alkaline at 7.3 on the pH scale. Qualitative time is favorably absent. This is suitable for a broad range of general ornamental plants. Nitrogen and phosphorous are low optimum while potassium Is low. Calcium and magnesium are sufficient for plant nutrition. Copper, zinc, manganese and Iron are low. Salinity is safely low in the sample. The sodium adsorption ratio (SAR) is low and safe, Indicating that soluble sodium is property balanced by calcium and magnesium. Boron is safely low, yet sufficient for plant nutrition. depth Will improve soil physical properties. If organic content of the soil Is sufficient, no organic amendment necessary. . RecarrimgWaUm If w 1 prior 11 americHrig the compaction P/ s4 the • soil should be t1 >I or filled 1. . 9-minch depth. • broadcast an1 Ie 1 the following with 01 s1 J soil to . inch depth, •I' 11. • 31 11• I - '• 5 Ibs. potassium sulfate (0.0 -50) "Rates and fertilizers may have to be adjusted depending on analysis of selected oompost. n.nv mnfnrc �n`n ® ,)oi Plarrt La6oratory,,nc b . m Sea & K.M Testing S 1946 ww.isallan60�e+61aba +aiwY.wm Page 2 Gty of Newport Beads July 15, 2009 .TrEu7J1' ul� 1. Excavate planting pits at leak twice the diameter of the rootball. 2. The top of the rootball should be at or slightly above final grade. 3. Organic material is not required in the backfiil; however if you wish, the amended surface soil or a sad blend consisting of m more than 10% by volume organic matter can be placed in the upw 12 Inches of baddili only. Sal below this depth slmn9d not cordain any added organic matter because of the threat of plant disease and/or anaerobic sal conditions developing. 4. Place slow release fertilizer tablets In the upper 12 inches of bacdill at mars recorrurnerhded nabs. If fertilizer amended soil is used as a baddill the addition of slow release fertilizer tablets is not necessary. S. Do not cover the original rootball with other sal. Ideally, a temporary sal berm is often corstrhxted around tie outer edge of the mothell to help dharind water into the rootball and then into wxrounding sal until roots are established in the badffill and the roothall is no longer the sole soccer of water for the plant. 6. Ideally, a weed and turf free zone, preferably 2 -3 I' in diameter, should be maintained just beyond the diameter of the planting hole. A 2-4 inch deep layer of coarse mulch can be placer) around the tree or shrub; mulch should be kept a minimum 4-6 inches from the bunk. For turf, groundcover and mass planting areas, uniformly broadcast sulfia coated urea at the rate of 5 lbs. per 1000 sq. ft. every 60-90 days or as growth and color dictate with the first application oaurring approximately 45 days after planting. In early fail and spring, substitute a oomplete fertilizer such as 16- 65, or equal, for the sulfur coated urea at the rate of 6 lbs. per 1000 sq. R bD ensure o7dilnrring supplies of phosphors and potassium. Tree and shnth plantings can be maintained with the above fertilizers; however, the frequency between applications should be every 120 days with the first application oecurting approximately 90 days after planting. Follow each fertilization with a thorough irrigation. As noted above, some of the micronutrients are below optimum. When these nutrients are low, especially in an alkaline soil, deficiencies can sometimes show in the plants. If deficiencies show in plants, trey may be addressed upon the first sign of deficiency. Symptoms of manganese deficiency may be seen as a general loss of color in the young leaves, followed by yellowing between veins and brownish -black spots appearing. Iron and zinc defidency symptoms are often characterized by yellow, almost white, Inteiveinal dhlomsis on the youngest growth. If these symptoms are apparent, Um application of iron, zinc, and/or manganese chelate at the manufacturer's label rate may improve appearance. Ghelates are generally mere effective on alkaline soils than some of the other forms of trace elements. One option is the Monterey AgResources One of dilated microhutrient formulations render the brand name SEQUESTAR ®. These can be applied either War or sal applied at manufacturer's rates if defidendes begin to show. 4t' 6oil SePlant Laboratory, inc L." ' Soo & Pb T9via W.. 19" .,d:.nolwvab.i YW11+ Page 3 City of Newport Beach July 15, 2009 If we can be of any further assistance, please fled free to Contact us. Jason Glhring c�o Soil &Plant La6oratory,Inc. ° leodma in Sob B K=ITS, 5b 1944 352 M4 Shaet %nta Clam, CA 95MO 400 - 7275300 (phone) 408-7275125 (fax) rw.w.sW anelramru ran SOIL ANALYSIS Send To: Project : Report No: 011482.0009 City Of Newport Beach Avocado Median Cost No : 00708 3300 Newport Blvd Date PdnW : 071002009 Newport Beach CA 92658 Date Received : 07ro12009 Page: 1 of 9 Lab Number: 17231 Sample Id: site Soil SATURATION EXTRACT - PLANT SUITABILITY . Structure end wad k0bation of mineral sots potentially adversely eifeced at SAR vatues nigher 0mn 0. EXTRACTABLE NUTRIENTS Cu, Zn, Mn and Fe were anaWAd by DTPA extract. Graphical inferymlatton is a germal guide. Optimum levels will vary by cap and objectives. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 1 II' �JIUI.N�r'�Htu tJ I October 27, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 - 644 -3323 or ilee @NewportBeachCa.gov SUBJECT: AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS — AWARD OF CONTRACT NO. 3967 Recommendations: Approve the project drawings and specifications. 2. Award Contract No. 3967 to Tal Cal Engineering, Inc. (Tal Cal) for the Total Bid Price of $197,565.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $20,000.00 to cover the cost of unforeseen work. Discussion: At 10:30 A.M. on October 6, 2009 the City Clerk opened and read the following six bids for this project: BIDDER Low Tal Cal 2 American West Landscaping 3 Belaire -West Landscaping 4 Land Forms 5 Sierra Landscaping 6 IPS, Inc. TOTAL BID AMOUNT $ 197,565.00 $ 221,246.42 $ 269,634.00 $ 236,750.00* $ 238,299.00 $ 264,547.00 ** * As -bid amount is $240,998.00 ** As -bid amount is $262,547.00 The low total bid amount is 24 percent lower than the Engineer's Estimate of $260,739.00. The difference between the estimate and low bid price may reflect the current economic volatility. The low bidder, Tal Cal, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Tal Cal's references indicates satisfactory completion of similar projects for the City of Newport Beach and Riverside County Flood Control District. i 0 Avocado Avenue and Westdiff Drive Median Improvements — Award of Contract No. 3967 October 27, 2009 Page: 2 This project entails the median improvements along Avocado Avenue between E. Coast Highway and Waterfront Drive, and Westcliff Drive between Dover Drive and Irvine Avenue. The scope -of -work will include the replacement of existing vegetation with new water - friendly landscaping, irrigation system, and decorative concrete. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work, followed by a 90- consecutive calendar day plant establishment and maintenance period. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 of the CEQA Guidelines. This exemption covers the minor alteration of existing landscaping. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, City - prepared notices will be distributed by the Contractor to residents along Avocado Avenue and Westcliff Drive. Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description Account Number Amount General Fund 7013- C2002014 $ 197,565.00 General Fund 7013- C2002015 $ 20,000.00 Total: $ 217,565.00 Proposed uses are as follows: Vendor Purpose Amount Tal Cal Construction Contract $ 197,565.00 Tal Cal Construction Contingency $ 20,000.00 TCLA, Inc. Construction Services $ 6,000.00 Various Construction Support, Printing $ 2,000.00 and Incidentals Total: $ 225,565.00 Prepared by: Vc,,�,L Ak Iris Lee Senior Civil Engineer Attachments: Project Location Map Submitted by: Badum s Director Avocado Avenue and Westcliff Drive Median Improvements Contract No. 3967 AVOCADO AVEM E 9 v AVOCADO AVENUE LOCATION MAP xor m Sr." I� PROJcr r^O'AQ7 s i srm sic a z WESTCI.IFF ■ WESTCLIFF DRIVE LOCATION MAP�� tOT m SCAM PROkM- SITE r i r 0