Loading...
HomeMy WebLinkAboutC-4008 - San Joaquin Hills Road Median TreesE 0 CITY CLERK CITY OF NEWPORT BEACH. NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 6th day of February, 2008, at which time such bids shall be opened and read for SAN JOAQUIN HILLS ROAD MEDIAN TREES Title of Project Contract No. 4008 $48,000 Engineer's Estimate by ie`n G. Badum Works Director Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Ciassiitcation required for this project: "A or C27" For further information, call Andy Tran, Project Manager at (949) 644 -3315 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.city.newport-beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 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 SPECIALPROVISIONS ................................................................. ...........................SP -1 z CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 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 fisted 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 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703.4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 4/00(03 6 f}. (/- - z 17 Contractor's License No. & Classification r l� EM), . _ i�r 11 1 ///' "6a ',"' ) Aj&orized Signature ride P- •V/ • cd Date • ! CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO, 4008 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 u of TEN PERCENT OP A JO wT RID--- - Dollars ($ -----10%-" ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for tho construction of SAN JOAQUIN HILLS ROAD MEDIAN TREES, Contract No. 4008 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 forms) 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 shalt not exonerate the Surely from its obligations under this Bond. Witness our hands this 1ST day of FEBRUARY 2008. BELAIRE -WEST LANDSCAPE INC. Name of Contractor (Principal) ARCH INSURANCF COM RANY Name of Surety 135 N. LOS ROBLES AVE., #825 PASADENA, CA 91101 Address of Surety (626) 639 -5621 Telephone A zed SignaturelfitleJu f1 9 R off/ E,r9T Authorized Agent Signature SUSAN C. MONTEON. ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) I I CALIFORNIA ALL - PURPOSE State of California County of San Bernardino > SS. On February 1. 2008 before me, Balisha T. Averhart. Notary Public Name and Me of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Susan C. Monteon Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Commission # 1638631 Notary Public - Calitomla _ I certify under PENALTY OF PERJURY under the laws of son Bernardino County the State of California that the foregoing paragraph is ,y Comm. Wiles Jon I 2010 true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title • Partner — ❑ Limited ❑ General • Attomey -in -Fact • Trustee ❑ Guardian or Conservator Other: Signer is Representing: Tap of thumb here r • • POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint Pamela McCarthy, Jay P. Freeman, Susan C. Monteon and Frances E. Lefler of Ontario, CA (EACH) its true and lawful Attomey(s) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas Cdy_M0P1Aa - "...; ::.......:... :. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML001; 00 03 03 Page 1 of 2 Printed in U.S.A. i ALL — PURPOSE ACKNOWLEDGEMENT State of 0 / T Coun ty of On Z.- b -01F before me, k4p-aa 2°_ �acli (Date) (Notary) personally appeared M(� /� J/ Signer(s) �sonally known to me or ❑ or proved to me on the basis of satisfactory evidence) to be the person(sj -whose name ( s)"Ls /subscribed to the within instrument and acknowledged to me that b&she /they - executed the same in heher /theirauthorized .» »....».... ». »..N ». ».........£ capacity(ies% and that by hivliier /thuir signature(.sj- on OMA13 GROEN D the instrument the person(a)s br the entity upon behalf of COMM +B 1585204 W NOTARY VOLIC - CALIFORNIA which the persoa(s cted, executed the instrument. Q ORAN_ECOUN7V +N.N N MN.NN�pIN.p♦• ON...QNNN WITNESS my hand and official seal. Stamp Clear impression of notary seal above. Notary's Signature OPTIONAL INFORMATION CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) .d1 Corporate Officer A E51, (Title) • Partner(s) • Attorney -in -Fact ❑ Trustee(s) ❑ Other DESCRIPTION OF THE ATTACHED gib 64L Title of Document 3 Number of Pages - i - ®e Document Date L' / ZaO )CE Other Information 1' CAPA v10.30.04 mvn'.notary la com 800- 873 -9865 j Best's Rating Center - Comwy Information for Arch Insurance Wpany Page 1 of 1 Center 'e:ew Ratings: Fin ancialSUength lasue[CredLL Sesudcies ArNanaatl Search rxnerweoCenren S[I.� Methodeloq, _ Raltt W Definitions k' Arch Insurance Company Search Beaty RBtif>gs roRemcalawon lw,:anra O:eNn) rn ®,m,re ,.are�a io mmm�walml ne.> p AN,aeolr:aux NNC4011s0 FEIN #: 430WVIo moor ppnon,enex[ellenl ebflNlom -'[I lrgi �:�7 [,q[ipaNa.InmmeY'Mm1N[n 1, Press Releases Address: One Liberty Plaza, 53rtl Floor Phone: - 651661 -6500 New York, NY 10006 Fax: 212- 651.6499 Related Products ► Web: www.archmsurance.Ujm Industry 8 Regional Blasl'e Ratings Cowry Risk Fl"In let Strength Ratings View Definitions Rating: A(Excellent) Affiliation Code: r (Reinsured) Issuer Credit Ratings ylew 4fin)tlen6 Long -Term: a Cusack: Stable SITUICItUred Finance How to tat Rated Financial Size Category: %V ($2 Billion or greater) Outlook: Stable Action: Affirmed Data: August O2, 2007 Contact A,,�.�,..�rr an "olo� Action: Affirmed Effective Date: August 02, 200T * Denotes Under Review Best's Ratings Reports and News Visit our NewsRoom for me Ni mows end Dress affift s for this company and its A.M. Best GFJNP. �I AND Credit Report r Insurance Profession_al[UnabrldgeJ (formerly known as Best's Company Report) - includes Basile Fim rationale along with comprehensive analytical commentary, detailed business overview and key financial data. ") Report Rw elun Date: 09102/2007 (represents the latest Significant change). Hktoncal Reports am available m AMB CradilReport:.hl:u2nce PnifisaipaeUVInabn ticeOJ AlDniya. Brst's Executive Summary Reports (Financial Overview) - available in three versions. Nose Presentation style reports feature balance s bay financial performance tests including profitability, liquidity and reserve analysis. Data status: 2007 Bests Statement File -PIC, US. Contains data compiled as of 112912009 (Quality Cross Checked). P Sm9le Cplapalry -live yea* of financial data specifically on this company. e Comparison - side -by -side financial analysis of this company with a peer group of up to five other companies you select P Composite - evaluate this company5 financials against a peer group composite. Report displays can the average and total composite group. CCi AMB Credit Report -Business Prolesslonsl - provides three years of key financial data presented with colorful chain and tables. Each rt I� latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. i Data Status: Contains data compiled as of 112gr2ooB ( Quality Cross Checked). Best's Key Rating Guide Presentation Report - includes Bast's Financial Strength Rating and financial data as provided in Bests Key Ra gets Status: 2006 Financial Data (Quality Cross Checked). ei Financial and Analytical Products Beat's Property /Casualty Center - Premium Data 8 Repods Best's Key Rating Guide - PIC, US 8 Canada Best's Statement File - PIC, US Best's Statement Fite - Global Best's Insurance Reports - P /C. US 8 Canada Best's Slate Line - PIC, US Best's Insurance Expense Exhibit (IEE) P /C, US Bests Regutstory Center Market Share Reports Bed's Schedule P (Loss Reserves) - PIC, US Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I She Map I Privacy. Policy I Security I Terms of Use I Leal & Licensing Copyright CM08 A.M. Best Company. Inc All lights reserved A.M. Best WoNdwde Headquarters. Ambect Road. Oldwick. New Jersey. 08858, U.SA. http: / /www3.ambest.com /ratings /Full Profile. asp ?BI= O&AMBNum= 3186&AItSrc =... 02/06/2008 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 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 Soecitications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %Of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Bidder 0 A 'Oforized Signature/Title 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formill Please print or type. 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 �1 Q O Project Name /Number /7 (llzq % /Xi) �C 14 7X &A_ IALTZ-67 ®J� Project Description 64V A_5 9A1 Approximate Construction Dates: From —06 To: /P'D'T Agency Name ppji,,�Fs�v9 Contact Person &6A) / 1�y/y1.EZ Telephone Wo_.5j /S Original Contract Amount $/l`/G09Final Contract Amount $ 171O® 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. ❑!1 No. 2 Project Name/Number �%1 JjdOJ' T /y%�,d (/�� - f /✓ /� Project Description 1-&ze4& Approximate Construction Dates: From z"O(o To: /Z `o(g Agency Name &Z% f f ('dle5dp/(' Contact Person Aid �a 6 Telephone AAA E� 6 �. Original Contract Amount $ "inal Contract Amount $ •5J— 8 /'Y9' 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. Project Name/Number 'AtIT- . i Approximate Construction Dates: From /'D') To: xoT -C'% Agency Name Contact Person 07E64' Or"RVV 4) Telephone (949 606 9 Original Contract Amount $Jy Z� M Final Contract Amount $,3rg�� If final amount is different from original, please explain (change orders, extra work, etc.) P, C), •✓` Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. • 0 No. 4 Project Name/Number sot Approximate Construction Dates-. From Y —"Plo To: /Z AgencyNameU& rv9N MU/F-L (�7E/1 DI Contact Person 0AIA Telephone a4 qh 7 lPd`Qo7✓ Original Contract Amount $ZX 600 Final Contract Amount $ �✓� b If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 L1 Project Name/Number 'v1AF_AO -44 obLo b MFE: j 4 ) VAP Zfkq � Project Description 69 blAJO f i4 Gt9 X 1171AP /%/YlE'A%T -45 Approximate Construction Dates: From D % To: /z o'7 Agency Name Contact Person AY f2do (A / Telephone Original Contract Amount $ / /L Final Contract Amount $ r% SOD If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. • No. 6 Project Name/Number 11 Project Description 14Ej� .9A% (,,JW b6 4"W' ° /0 J Approximate Construction Dates: From. a - O 6 To: /Z 66 Agency Name Contact Person IFS e, Z4 161A) 6 .6,e Telephone Py .:P� ? 436 Original Contract Amount sfaFinal Contract Amounts 023 cD® If final amount is different from original, please explain (change orders, extra work, etc.) C•o, 5 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 0 Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. rlAzq.E- adder AutKorized Signature/Title J;�v C-5 10 b' w n u Belaire -West Landscape, Inc. 7371 Walnut Ave., Buena Park, CA 90620 F- -I L-A CONSTRUCTION EXPERIENCE FOR KEY PERSONNEL Tan Stmiksma President/Owner 23 years owner of commercial landscape company C -27 License Holder RMO Dan Patterson Chief Estimator Project Manager 20 years Commercial Construction Landscape Civil Engiineer Sergio Lopez General Superintendent 15 years trade experience 6years general superintendent OSHA Safety Officer Lic. 448 -636 P(714)523 -9200 F(714)523 -9201 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 NON - COLLUSION AFFIDAVIT State of California ) ss. County of�¢�) being first duly worn, deposes and says that he or she is of�4A /.T l�/f,� /�9.(�5'/y/E.s�e party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. f � l orized S' naturelTitle /P sr�06s . Subscribed and swom to (or affirmed) before me on this day of 2008 by , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. &25g, 14 Notary Public [SEAL] My Commission Expires: 11 ALL - PURPOSE ACKNOWLEDGEMENT State of CA ss. County of a6&(pg on L-Clp -pj beforeme, O&l_ld-L Ln_0%4 (Date) (Notary) personally appeared r :Np Signer(s) 04-Personally known tome or ❑ or proved to me on the basis of satisfactory evidence) to be the person(s�rwhose namc(,9) is /awsubscribed to the within instrument and acknowledged to me that ba�she/t4afexecuted the same in-lainer /their authorized « capacity(i%sj and that by bluer /theirsignature(-s) on RENAE GRO» EN�i the instrument the person(sj, or the entity upon behalf of QCOMM �N m NORF uc.CAjlA which the person(a�icted, executed the instrument. r ORANGE couwy D .... MNCeooeeeeeoommisslon Expires June 5, 2M o»oeooeeoao «.. WITNESS my hand and official seal. Stamp clear impression of notary seal above. Notary's Signature OPTIONAL INFORMATION CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) � Corporate Officer iQ y,balr (Title) • Partner(s) • Attorney -in -Fact • Trustee(s) • Other i CA PA %10.30.05 %1immotarvclasses corn 800 - 873 -9865 DESCRIPTION OF THE ATTACHED Title of Document Number of Pages cr-b-Os Document Dat L �� Other Information CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 DESIGNATION OF SURETIES dd 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): A „ , A ..-r- .�I � ..l1 A 1 n n / d A. ,, . � r! -- --k — , . — 9 A,- AF - - .i gpil 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 6 gLe: T zAxobm /e Igal Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts a© Total dollar Amount of Contracts (in Thousands of $ ✓r IV ISMI d 6 / //NO /2A5 45:20;50 No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employ ment - �rf `$"� '-:q-� The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and illnesses, OSHA No. 102. 13 0 0 Legal Business Name of Bidder &&lag �{%TG9rt9� C'A� /a/G Business Address: /Op ,&&f 6 ayo a6&dg&d /or4.Q/ AwnZ Business Tel. No.: gRac State Contractor's License No. and Classification: Title PA.9,` ,O.ENT The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partnerstjoint ventures or of fewer than all of the partnersroint ventures if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 ALL - PURPOSE ACKNOWLEDGEMENT State of l,„9 ss. County of 4nQ190(16E On e-6-08 before me, JC_(iwc Eil (Date) (Notary) personally appeared personally known to me or ❑ REI3AE GROEIN 2 CO1, # 1585200 m W s: NOTARY PUBLIC- CALIFORNIA Q ORANGE COUNTY .r hly Commission Expires June 5, 2009 zz Stamp clear impression of notary seal above. or proved to me on the basis of satisfactory evidence) to be the person(o} whose name(s)-is /aar subscribed to the within instrument and acknowledged to me that hefshe /tltwrexecuted the same in hitober /theimuthorized capacity(ieRj; and that by hisfher /theia'signatureW on the instrument the person(s or the entity upon behalf of which the person(t) acted, executed the instrument. WITNESS my hand and official seal. ego ,cc/tf kedlc Notary's Signature OPTIONAL INFORMATION CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) )6 Corporate Officer — (Title) �— Pi Partner(s) DESCRIPTION OF THE ATTACHED Title of Document Number of Pages Attorney -in -Fact Document Date r Trustee(s) C,6d ® F A) Other Other Information E CAPA ['10.30.04 vivw.notarvclasscs co m 800- 873 -9865 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 ACKNOWLEDGEMENT OF ADDENDA Bidders name sl�l(�9�Y The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: is • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 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: //��,, // ,, /- - Q Name of individual Contractor, Company or Corporation:,�:/�LA XS -//B9T � 4-,5,& /V& Business Address: ! OAX 6Z ?o 074t e o Aex 1�4 �D /oo�a2 Telephone and Fax Number:7i 5a California State Contractor's License No. (REQUIRED AT TIME OF AWARD) R and Class: - f% 6 aeo d, Original Date Issued: Expiration Date: / /-aO-0 9 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: —b4 N P,17 -M% 5sU/J — E 57/ -*"14 /ZP- 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 n I t I f .560-7 / 5 Corporation organized under the laws of the State of i 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: �¢ All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 5 CV�11,65- /.0 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; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. 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 (:VD Are any claims or actions unresolved or outstanding? Yes Q 17 r 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. �d7 SY,QU� /- �Sr1�l� (Print name of Owner or President of Corporation /Company) A orized Signatureffitle Title a•� o Date Subscribed and swom to (or affirmed) before me on this day of by , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. [SEAL] 4Z 14177`14 P/fi O 18 Notary Public My Commission Expires: Nr: I ! ALL - PURPOSE ACKNOWLEDGEMENT State of ,%3. / _ n ss. County of cCCQ"(pL On Z - 1.,? -6) 2 before me, ke Vq -.- 6 f 6 e 0 (Date) (Notary) personally appeared .'—personally known to me or ❑ GROEN 7D RENAE comet # 1585200 m Q LU NOTARY PUBLIC- CALIFORNIA � ORANGE COUNTY ;6y Commission EXPites June 5, 2889 N� ^9f�404frN9P000 ^dMOH����NO��� Stamp clear impression of notary seal above. or 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 hefhe /therexecuted the same in his/her /their authorized capacity(jasT, and that by hivlier /theirrsignature(s on the instrument the person(a)l; or the entity upon behalf of which the person* acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature OPTIONAL INFORMATION CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) Corporate Officer �kra1i E�� (Title) • Partner(s) • Attomey -in -Fact ❑ Trustee(s) ❑ Other DESCRIPTION OF THE ATTACHED RON V � a Title of Document ,� Number of Pages D`� ocumentDa e Y QA, O1D0_ Other Information CAPA v10.30.04 mar,notarvclasses corn 800- 873 -9865 f CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT E SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 CONTRACT THIS AGREEMENT, entered into thi4M day of Pe6, ' 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Belaire -West Landscape, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: SAN JOAQUIN HILLS ROAD MEDIAN TREES The work necessary for the completion of this contract consists of planting trees within existing raised medians, repairing damaged irrigation system, traffic control, 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, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4008, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 9 C. COMPENSATION As full compensa Project as required by the Contract Contractor accepts as full payment the Eighty and 00 /100 Dollars ($39,980.00) This compensation includes: tion for the performance and completion of the Documents, City shall pay to Contractor and sum of Thirty -Nine Thousand, Nine Hundred (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY CONTRACTOR City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Andy Tran (949) 644 -3315 Belaire -West Landscape, Inc. P.O. Box 6270 Buena Park, CA 90620 714 - 523 -9200 714 - 523 -9201 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 • • insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 - • • 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 0 s amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPROVED AS TO FORM: '\�— C AARON C. HARP Assistant City Attorney 25 CIT AN By: BELAIRE -WEST LANDSCAPE, INC. By: ✓f+ i P96- (Corporate Officer) Title: P96- .51 bF.+ 7- Print Name: -14A) .5'MIA57 By: (Financial Officer) '. Print Name: fi4N 1 T9a /!r<S/YI � EXECUTED IN FOUR COUNTERPARTS PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT CITY OF NEWPORT BEACH BASED ON FINAL CONTRACT PRICE PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO- 4008 BOND NO. SU5024613 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 600.00 being at the rate of $ 15 nn PER thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Belalre -West Landscape, Inc., hereinafter designated as the "Principal ", a contract for construction of SAN JOAQUIN HILLS ROAD MEDIAN TREES, Contract No, 4008 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. 4008 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and ARCH INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Thirty-Nine Thousand, Nine Hundred Eighty and 001100 Dollars ($39,980.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 14TH day of FEBRUARY .1 2008. wire -West Landscape, Inc. (Principal) ARCH INSURANCE COMPANY Name of Surety 135 N. LOS ROBLES AVE 1825 PASADENA, CA 91101 Address of Surety (626) 639 -5200 Telephone Au orized Signature/Title RF5/ V 7— Authorized Agent Signature SUSAN C. MONTEON, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL - PURPOSE ACHWLEDGEMENT State of California SS. County of San Bernardino On February 14. 2008 before me, Pamela McCarthy. Notary Public Name and Title of Officer (e.g., 'Jane Doe, Notary Public ") personally appeared Susan C. Monteon Name(s) of Signers) PAMELA MCCARTHY COMM. # 1659202 g NOTARY PUBUC— cAUFORNIAC SAN BERNARDINO COUNTY My Comm. Expires April 30, 2010 PAW V who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here 0 Know All Men By These Presents: POWER OF ATTORNEY is That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint Pamela McCarthy, Jay P. Freeman, Susan C. Monteon and Frances E. Lefler of Ontario, CA (EACH) its true and lawful Attorney(s) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,. Missouri. ;.,.. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMI-001; 00 03 03 Page 1 of 2 Printad in U.S.A. EXECUTED IN FOURIRUNTERPARTS • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 BOND NO. SU5024613 PRE21IUM INCLUDED IN PERFORMANCE BAND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Belaire -West Landscape, Inc., hereinafter designated as the "Principal," a contract for construction of SAN JOAQUIN HILLS ROAD MEDIAN TREES, Contract No, 4008 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. 4008 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, ARCH INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Thirty -Nine Thousand, Nine Hundred Eighty and 001100 Dollars ($39,980.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal 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 j wri c day of VEBI;j Ry: , 2008. aire -West Landscape, Inc. (Principal) ARCi TNSIMMCE CWpANY' Name of Surety 135 N... tQS7i0�LES RyE -4II.25: PASk\nPMA SP+ gl 1 n'7 Address of Surety .C52 Q— 63a�520- Telephone thorved Signature7Title �,yr 7' Authorized Agent Signature SDSW C� -MONTEQN, ATTORNE't?ktIFACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 ALL- PURPOSE ACKNOWLEDGEMENT State of y � ss. County of %]i&W�� On Ci- —,9019 before me, ) qd: IY�D (Date) (Notary) personally appeared 1personally known to me or ❑ Ne { { + { +Ae + {NNNNO{O +N {N RENAE GfiOU D COMM # 1595200 M Q®„fl NOTOP -CALIFORNIA GF COUNTY My Commission Exoires June 5, 2009 eo+N+ +H�oea eoNe o +NeaN�+eesN{oeo{{{ Stamp clear impression of notary seal above. or proved to me on the basis of satisfactory evidence) to be the person(* whose name(* is /a¢ subscribed to the within instrument and acknowledged to me that lie /she /tW executed the same in lis/her /tW authorized capacity(i*A, and that by *s/her /their signature(1S) on the instrument the person(io, or the entity upon behalf of which the personO acted, executed the instrument. WITNESS hand and official se . Notary's Signature t s OPTIONAL INFORMATION CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) orporate Officer (Title) ❑ Partner(s) DESCRIPTION OF THE ATTACHED aair�, AWL Title of Document Number of Pages Z -z &-,oP ❑ Attorney -in -Fact Document Date p �� ❑ Trustee(s) V- Other 6&16 Other Information CAPA v10.30.04 „mtv.notarvclasses.com 800- 873 -9865 CALIFORNIA ALL - PURPOSE ACK.WLEDGEMENT State of California j ss. County of San Bernardino 0 On February 14, 2008 before me, Pamela McCarthy, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared Susan C. Monteon Name(s) of Signer(s) PAMELA MCCARTHY z C0 OMM. # 1659202 NOTARY PUBuC- CALIFOR �IIAC , SAN BERNARDINO COUNTY MY Comm. Expires April 30, 2010 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. 112��J�L'1116.eL Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General O Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing; Number of Pages: Top of thumb here 0 Know All Men By These Presents: POWER OF ATTORNEY i That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint Pamela McCarthy, Jay P. Freeman, Susan C. Monteon and Frances E. Lefler of Ontario, CA (EACH) Is true and lawful Attomey(s) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,,.Missoµti.,. , This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of he Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by Me undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and (artifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. WMI-002 00 03 03 Page 1 of 2 Printed in U.S.A. ACORD„ : CERTIFI!CATE:QE'L]A6ILITY IN:SU.RP►N:GE _' ;_ _; :_ ";;;;:; ;',; DATE3,oso "sYl PRODUCER 909-941-6699 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alliant Insurance Services, Inc. Jay Freeman ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 3270 Inland Empire Blvd., #100 COMPANIES AFFORDING COVERAGE Ontario, CA 91764 COMPANY A Peerless Insurance Company /GOL INSURED Belaire West Landscape, Inc. COMPANY a National Union Fire Ins /TB &C P.O. Box 6270 COMPANY Buena Park CA 90622 c COMPANY D eOSJEi1Ai3E5" THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDONYI POLICY EXPIRATION DATE(MMIDD/YY) LIMITS A GENERAL LIABILITY CBP8382952 2/13108 2113/09 GENERAL AGGREGATE S 2,000000 PRODUCTS - COMPIOP AGO S 2000000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FI OCCUR PERSONAL & ADV INJURY 6 11000,000 EACH OCCURRENCE 6 1,000000 OWNER'S& CONTRACTOR'S PROT X FIRE DAMAGE (AnY Pm fire) 6 500,000 PD Ded: $2.000 MED EXP (Any om IwrPON S 10,000 AUTOMOBILE UAIRLITY COMBINED SINGLE LIMIT 6 MY AUTO BODILY INJURY (Par permn! 6 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Par azdenl) 6 HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE 6 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT S AGGREGATE 6 B EXCESS UABIUTV BE1806246 2/13108 2/13109 EACH OCCURRENCE $ 10000000 AGGREGATE 6 1000DOOO UMBRELLA FORM Retention $ $10,000 X OTHER THAN VMBRLLLA FORM WORKERS COMPENSATION AND lh OTW TORY LIMITS ER ' EMPLOYERS LIABILITY EL EACH ACCIDENT S EL DISEASE POLICY LIMIT 5 THE PROPRIETOR? INCL PARTNERSIEXECUTIVE EL DISEASE - EA EMPLOYEE 5 OFFICERS ARE' EXCL OTHER .10 Days Notice for Non -Pay. DESCRIPTION OF OPERATIONS ILOCATIONSNEIICLES/SPECIAL ITEMS , Re: Job #524, San Joaquin Hills Road Median Trees. City of Newport Beach, its officers, agents, officials, employees and volunteers are additional insureds as per form attached. (Continued on attachodf CERTIFICATE HOLDER " " "' "" " "' "' 'CANCELLATION" SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EIIPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL P.O. Box 1 768 '8O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Newport Beach, CA 92658 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION DR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RREEPPRESENTATIVE/�G1t� ... ......... ..(... .. :::a':::: ":::. ': .:..4Q -:76. ...: / -L./.'/ I'V ..'..:... >.!:.;. .. .:,fe!d,C'bi71 ;Ctlpp'tl...... 't668 J i • Continued from Description of Operations. Primary wording is included. Contractual liability is included. Aggregate limits apply Per Project. This cancels and replaces the certificate issued on 2/14/08. POLICY NUMBER: CBP8382952 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, agents, officials, employees and volunteers Location and Description of Completed Operations: Job 0524, San Joaquin Hills Road Median Trees. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who is an Insured is amended to included as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products- completed operations hazard ". X - Av-, ,J Authorized Representative CG 20 37 07 04 (c)ISO Properties, Inc. 2004 Page 1 of 1 0 10 CG 20 10 07 04 Policy Number: CBP8382952 Effective Date: 02/13/08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Location(s) of Covered Or Organization(s): Operations ANY ENTITY FOR WHOM YOU ARE PERFORMING ALL COVERED PROJECTS ONGOING OPERATIONS, BUT ONLY IF REQUIRED BY WRITTEN CONTRACT PRIOR TO AN "OCCURRENCE" OR LOSS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 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 location 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)ISO Properties, Inc., 2004 Xeb , a : AVM Authorized Representative CG 20 10 07 04 Page 1 of 1 POLICY NUMBER: CBP8382952 Excerpt from Insured's coverage form CG 00 01 10 01. Section IV, 4a Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligationa re not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Newport Beach, its officers, agents, officials, employees and volunteers. PROJECT /LOCATION OF COVERED OPERATIONS: Job #524, San Joaquin Hills Road Median Trees. X Ay Authorized Representataive (C) ISO Properties, Inc., 2000 CG 00 01 10 01 03/05/2008 16:05 714523 1 BELAIREWEST PAGE 02/04 D4 -70'2/1D1200S 13:37 Be! ST STATE FARM INANCE PA(Z �* CERTIFICATE OF LIABILITY INSURANCE DATDjMMODIYYYST sr PARA 10/13 J07 e CC THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION GLCR, AG&Dei' LIC#04655-,7 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE IHsuv to OAKS SCUD,, STE 101 HOLDER, THIG CeRTIFICATE DOES NOT AMEND/ SXTCND OR 1--4 _ _ ,S. CF, 91360 1 ALTER THE COVERAGE AFFORDED BY THE POLIOIE3 BELOW. BW,AXRE Wash "%IDSCAAP., INC, 7371 N,ILNOT AIJENLTR BUENA PARR, CA 90620 -1759 INSURERS AFFORDING COVERAGE NAIC 9 NSURERA,SLOLC F'.n G:.a_xal S ^GL•T+�pCC COmpaay._.•25151 25151` THE POLICIES OF INSURANCE LISTED OP"LOW HAVE DEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. HOTNITHSTANDENG ANY P.EQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES D93CP.ISEO HEREIN IS SUBJECT TO ALI. THE TERMS, EXCLUSIONS-AND CONDITIONS OF SUCH POLIO ,AL:L8tt1lR Ih LIMITSDITCWh� HAVE BEEN REOUCIDOYPAID CLAIMS, INSR LTR 0'L VIRO D AN42 POLICY XUMRER pO1JC L 1 Iwo LILT HXPIRATION DATE NDI AL LIAMLDY MERCIW. OENEPAL LIABILITY d-MMS MADE 7 OCCUR `I Ci 'C R CE YRSMISOR n S ......... Mm EAP Pn, me elewl S ALAM1 DOREOATE 9 69 YLA�ViE'QAlGUJTAPFL=PEIM J CT c ARDOVCI:I. _ 3 x AUTOMgBILE LIABILITY nHr nvro ALL OWNCD AUTOS 3CHfiDULSO AUTOS HIRED AUTOS NON- oWNGDAUTOS 056 6526- C00 -75F 03/06/2408 d3 rd6radd9 CONZINSDSIRMAUMT (Ea MIAMI) S 1, 000, 000 X\ BODILY INJURY (Par pme ) S X. faamtyINJURY S 8 PROPERTYOAMAOE (Per Rvmgml s GE UABIUTY ANY AUTO Y. A V OTHER THAN PAAML' AUTO ONLY: S R .F!NNILDIIUI, /ABILITY OCCUR CLAIMS MAOE DCOVCTD3LE RETBM'tON S SAOHQCOgAp= AGGREGATE S WORKERS NANO MPL4OVM4t�E' TUpABILRY AT DF'FICEP/M1TEMBQR�E,MM X=UTNE nor d�jenEa ulWSr RPY�ML PROVLSIONR b010W W 9LB 0711 - ILL. WA FLMeASE. SA EMPIAYRS Ii LDISEA36yPOLICYL MIT .i OtF1ER OgG49iPTION OP OPERATIONS) LOCATIONS! V@HICLE31 EXCLUSWND ADORD EY ENDORSENEMf I GPGCIAL PROVISIONS SAN JOAQUIN HILLS ROAD MEDIAN TMSZS 04008 � �(r ,TOR if 52 ' 4/4008 7. Jr- Y� ,,,^ / "Olt 1799 PORT BEACH, CA 92658 +HIV bgULm I I W IV S WXD ANY M TNr. ABOVE o CRIMII POLICIES Rr CA , - BEFORO T11R ERPIFATWN DAM 7NrR50F, THE ISSUING INSURER WCL ENDEAVOR TO MAIL JIL. DAYS WRITTEN ROTICE TO THE CERVOICAIB HOLDER NAMED TO TRC LBPT, BUTFAN,VRE TO 00 SO CHAS IMPOSE NO OBLIGATION OR LIABILITY OP ANY KIND OPON THE INSURER, ITS AGENTS OR 03/05/2008 16:05 714523 1 BELAIREWEST PAGE 03/04 •�•���� .�. �, OVJ4]4Vi %jlAlt FAKM 4NbWF PAGE 05 <� G1 C�> IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this cor"rate d000 not Confer rights to the certifira. to hnldP.r 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 tills certificate does iiut confer rights to the certfflcate holder In lieu of such endorsement($), DISCLAIMER The Cr•.rti irAle of Insurance on the.reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACOND 25 (200ING) 03/05/2008 16 :05 714523 SELAIREWEST PAGE 04/04 03/03/2008 17:14 8054977 STATE PAP,M 11'sWE PACE fit 6028G.2 ADDITIONAL LNS; RIn (Prior Notice of Termination) This endorsement is a Part of yourpoliey, Excspt fur tht: clam h, it stakes, all other terms of the policy remain the same "and apply to this ottdoesement, Yt ig effective al the same time as yoar policy if issued with it. Irissetcd at a later date thA same, polioq aurnber and effective date rMcst be shown. I'Sued by SPATE FARM MUTUAL AV- TMOHILE I14SURANCE COMPANY of Blaatningwct nllaois, or the STATE FARM FIRE AND CASUALTY Cal,43PAN`! of Blcomiasten, Illinoisa as shown by tkc compsvy's fmme nn the poliev of which this endorsement ig a part. Namedln5otc� tip'r.ATt2F uiEcrn r.n maCnvgr �,jC _ paifoynumbe 6 7r%r Catultsr. 8t 1se { LtK Z246� effectivedatn —Q3— Off -n7 m0_n3)r%c in9 Ay Tim 12- diA.?vl. StandardTime AvthatizedRattrGyo tative It is agreed that Liability -- Coverage A of your policy is eXtondad to the party named on the declarations page as an Additional Insurcd.-The Additional Insured is subject to the provisions of the :policy granting coverage to an;osmdotber than yew.Tho Additional Insured: I. has the same right of recovery under this policy esbefure-, 2. is not liable for any premium or other' expcmrA under this policy, 3. is not a meuibci of the State farm Mutual Atomobilc Insurance Company of 13lnetninaton, Illinois. This policy will not be changed or lormla.=4 as to the intarw of the A dditwrml Insured unitss wn give such insured notioo. The natnber of days' notice we will give is ten unless another nurr.ber is showa on ate deeiaratioas Page, 1 ADDITIONAL INSURED: �"�°t3�WiutL4. 7tr President CITY bF NEWPORT BEACH, ITS OPPICBRS, AGENTS, OFrXCIALS, EMPLOYEES AND VOLUNTEERS, AS RESPECT','T0: LIABILITTARISTNG OUT OP ,ACTXVTTTES PERFORMED BY OR ON BEHALF OF CONTRACTOR; PREMISES OWNED, OCCUPIED OR USED BY CONTRACTOR; OR AUTOMOBILES OWNED, LEASED 111IR11110 OR BORR OWED BY CONTRACTOR. THE COVERAGE SHALL CONT,AI10 NO ,SPECIAL LIMITF.+ TIONS ON THE SCOPE OP PROTECTION AFFORDED TO THE CITY, ITS OFFCZE RS, OFFICIALS, RUPLOV229 OR VOLUNTEERS. CONTRACTORIS INSURANcr T IS PRIMARY AND NON— CONTRXBUTOPY. WAIVES ALL RIGHTS OF SUBROGATIO N AGAINST ALL PARTIES AND ENTITIES SP$CIFIEp AS ADDITIONAL INSUREDS, 60286.2 �-i 71 ACORD CERTIFICATE OF LIABILITY INSURANCE (Aw73/2 08 PRODUCER (888)745 -0002 FAX (868)834 -0006 Preferred American Insurance Sev i ces 999 Corporate Dr. #150 Ladera Ranch, CA 92694 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Belaire -West Landscape, Inc. P.O. Box 6220 Buena Park, CA 90622 INsLIRERA: Endurance Workers Compensation IJMRS INSURERS INSURER C: INSURER D. INSURER E f COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR MD—DI TYPEOFBNSURANCE POLICY NUMBER POLICY EFFECTIVE PODGY EXPIRATION IJMRS GENERAL LIABILITY EACHOCCURRENCE f COMMERCIALGENERALUASUTY OAMAGETORENTED § CLAIMS MADE F-1 OCCUR MED EXP(Any acre PN ) 3 PERSONAL d ADV INJURY S GENERAL AGGREGATE § GERL AGGREGATE UNIT APPLES PER: PRODUCTS - COMPJOP AGO f POUCY 17 ,PIE LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea a idwro f ALL OMED AUTOS SCHEDULED ALTOS BODILY INJURY (Per Ps.N f RED AUTOS NCN -OWNEO AUTOS BODILY INJURY (ft,n L PROPERTY DAMAGE (Pd xtitlW) f GARAGE LABILITY AUTOONLY.EAACCIDETIT f ANY AUTO OTHER THAN EA ACC $ f AUTO ONLY: AGG EXCESSNMBRELLA LIABILITY EALHOCCURRE-NCE f OCCUR CLAIMS MADE AGGREGATE 3 f DEDUCTIBLE f § RETENTION f WORKERS COMPENSATION AND WEN0015213 -02 02/01/2008 02/01/2009 X we sTATU oTx A EMPLOYERS LIABILITY ANY PROPRIETOJPARTNM0(EOUMVE EL EACH ACCIDENT 1,000,000 EL DISEASE - EA EMPLOYEE f 1,000,000 OFFICERAMEMBER EXCLUDED? SAAR"O W uSIMON N 54N EL OSEASE - POLICY LIMIT f 1,000,000 OTHER DESCRIPTION OF OPERATIONS! LOCATIONS! VEIBGLES I EXCLUSIONS ADDEO BY ENDORtRIAT I SPECIAL PROYISIONS Job # 525 - Road Median Trees on San Joaquin Hills, Newport Beach, CA. giver of Subrogation for City of Newport Beach, its officers, agents, Officials and volunteers ttached. 0 day notice of cancellation to be issued for non - payment of premium. City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach. CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED MUCKS BE CANCM I Eft EEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICETO THECERTInCATEHOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY AUTNORQED REPRESENTATIVE ACORD 25 (2001108) OACORD CORPORATION 1988 WORKERS COMPENSATION AND ENTLOYERS LIABILITY INSURANCE POLICY WC 04 D3 06 (Ed. 09.84) 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 5 % of the California workers' compensation premium otherwise due on such remuneration. Work performed by BELAHZE -WEST LANDSCAPE, INC. at 7371 WALNUT AVE,BUENA PARK,CA, ZIP Code: 90620 Schedule Person or Organization I Job Des 'on CITY OF NEWPORT BEACH Job # 525 - Road Median Trees on San .toaquin Hills, Newport Beach, CA. This indorsement cbanges the policy to which it is attached and is effective on tie date issued unless otherwise sated. (The information below is required only when this edorsement is issued subsequent to preparation of the policy.) Edorsement Effective 02 /13/2008 Policy No. WEN0015213 -02 Endorsement No. Insured BE1.AIRE -WEST LANDSCAPE, INC. Insuraacc Company ENDURANCE WORKERS COMPENSATION MURANCE COMPANY Countusgned by by the Woden' Canpensaflooteawaoce aetiasauaewor CaWomle. M dg6ts rennet. Psomtbe wCM's Calaasda Wodwe Comperssaaun lmwasee Ponrs Mend 02001 0 V99 Fax #: • _ i CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: February 29, 2008 Dept. /Contact Received From: Shauna Oyler Date Completed: March 3, 2008 Sent to: Shauna Oyler By: Tara Hemmingsen Company /Person required to have certificate: Belaire West Landscape, Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: Peerless Insurance Company 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 $1 M or greater): What is limit provided? 2 mil agg/ 1 mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTIONI (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 Insurance Company 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): What is limits provided? 1 mil E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials. employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Endurance Workers Compensation B. AM BEST RATING (A: VII or greater): A: XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it in luded,? ❑ Yes ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No GL: Primary, rding endorsement missing & expiration date on2 ificate needs to be corrected. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT -R SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 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. 4008 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization TGv6 7-146�14�vO 7tv6 Nuvvw�9 @ T ;5 - Dollars and A162 Cents $ ?i ZI y Per Lump Sum 2. Lump Sum Traffic Control @ f r ✓� �%""h'�'�' Dollars and o Cents Per Lump Sum 3. 29 EA Install 24" Box 12' Tall Liquidambar Styraciflua Palo Alto (Sweetgum) Tree @ %l✓o���� Dollars and yd Cents Per Each • • PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 52 EA Install 36" Box 16' Tall Liquidambar Styraciflua Palo Alto (Sweetgum) Tree Dollars and ^�v Cents Per Each 5. Lump Sum Maintenance and Plant Establishment Period (90 Days) @_o�✓� Tf�o�ssw✓J Dollars and Cents Per Lump Sum 6. Lump Sum Provide As -built Drawings @ �—Dollars and N ° Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS $ �g5 $ —3d clZ.o .f° /V-ip-ry ivi.ir_ 4WtiWA-9'Af d'-i 6�t- i-�%Dollars and A.)d Cents ,i Date ri�3a� ��ao, 9ry 5a3 9ao� Bidder's Telephone and Fax Numbers #.elssl 25 (V /9, C -0 '7 Bidder's License No(s). and Classification(s) Bidder's email address: Total Price (Figures) Bidder Bidder's Authorized Signature and Title Bidder's Address Last saved by srooks0111012008 8:12 AM EWsersVpbwtsharedmntractsMasL -m CASTAWAYS PARK REVEGETATION.doc California Business Search• • Page 1 of 1 .tCC Vh11'% +if',late DEBRADC)N'b'FNT DISCLAIMER: The information displayed here is current as of FEB 01, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation BELAIRE -WEST LANDSCAPE, INC. Number: C1203404 Date Filed: 6/14/1983 1 Status: active Jurisdiction: California Address P O BOX 6270 BUENA PARK, CA 90622 Agent for Service of Process JAN STUIKSMA 12221 GORHAM LOS ANGELES, CA 90049 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender', the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. hftp://kepler.ss.ca.gov/corpdata/ShowAilList?QueryCorpNumber=Cl 203404 &pri... 02/06/2008 Check A License: Contract License Detail • Page 1 of 2 Skip to: CSLB Home I Content I Footer I Accessibility rU 00w, CONTRACTORS � STATE LICENSE BOARD f} IIIt1.1� t }II(.II II{14M 6tit�l. tlif}, �atbl . IIIIIIIIIIIII {fntrMiiM .: ''� ttniM' .anlit, K ' n ttefwrL WD CSLB Newsroom Board and Committee Meetings Disaster Information Center CSLB Library Frequently Asked Questions Online Services • Check A License or HIS Registration • Filing a Construction Complaint • Processing Times • Check Application Status • Search for a Surety Bond Insurance Company • Search for a Workers' Compensation Company How to Participate DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be awa the following limitations. • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pi complaint disclosure, a link for complaint disclosure will appear below. Click on the link o to obtain complaint and/or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are dis- • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr • Due to workload, there may be relevant information that has not yet been entered onto 0 Board's license database. License Number Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: 448636 Extract Date: 02/06121 BELAIRE -WEST LANDSCAPE INC P O BOX 6270 BUENA PARK, CA 90622 Business Phone Number: (714) 523 -9200 Corporation 11104/1983 1113012009 This license is current and active. All information below should b, reviewed. CLASS DESCRIPTION C27 LANDSCAPING A GENERAL ENGINEERING CON?RPCTOR Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number SU5019444 in the am of $12,500 with the bonding company ARCH INSURANCE COMPANY. Effective Date: 01101/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. This license filed Bond of Qualifying Individual number 08645 for THOMAS CARROLL STORY in the amount of $12,500 wi bonding company FIDELITY AND DEPOSIT COMPANY OF MARYLAND. hftp:/Iwww2.cslb.ca.gov/General-information/interactive-too Is/check-a-1 icense/Li... 02/06/2008 t} Check A License: Contract License Detail is Page 2 of 2 Effective Date: 01/0112007 BQI's.Bonding History 2. The Responsible Managing Officer (RMO) JANICE ELAINE STRUIKSMA certified that he/she owns 10 percent or more o voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 07/25/2001 . ................... ........... Workers' This license has workers compensation insurance with the Compensation: ENDURANCE REINSURANCE CORPORATION OF AMERICA Policy Number: WEN001521302 Effective Date: 02/01/2008 Expire Date: 02/01/2009 Workers'. Co npensption History Personnel listed on this license (current or disassociated) are listed on other licenses. Consumers I Contractors I Applicants I Journeymen I Public Works i Building Officials i General Info CSLB Home I Conditions of Use i Privacy i Contact CSLB Copyright Q 2007 State of California http: / /www2. csl b.ca.gov /General - Information /interactive- tools /check -a- license /Li... 02/06/2008 file Edit View Favontas Tools Help OBack J .) :1 Search Favorites d . r. IAddress* http: / /www.citynet.newport -beach ca us /masterid /main frame asp I FRYGr10eS �OryaBil" - Reoorts C:1tiNiis oMedia 4M A.M. Best The ... Mabc7.com Wea... ONAgents & Brok... tBioSpace New. .ilBusiness Licen... 49CA Dept of Ins... AtCalifornia Secr OCamping and ... 4MCANON COPIE. 4ACheck Interact... mclassmates 49CNB- Online PA... dConsumerRep... 40 Contractor Lit. &Court Case ME . Ocraigslist oran.. 4iCredit Union .. ihDavis Stirling.... 4Discount Cruis... 4RDiscount hotel... Ofedex.com - 10 Go Links " O + ' F I elntat j Oft" fonts RECEIVABLES MANAGER [ rj^ •L r Intl to �( Inbox itaWR..; 2 Into...- 1 it V2 � ❑ X M Addresr s: Encompass Detail 1 "" , a`L' E 1 (714) 523 -9200 3 records 134137 1 seL: A Acct. Type: Business Tax 1 1 714 -523 -9200 License #: BT30000529 Bus. ID: 0028062 Name: BELAIRE -WEST LANDSCAPE, INC nno 13413; O Owner N Name: S Carus code ice r Select All O Owner C Wai�i4Li: T . . Exp. Date: 6/30/2008 SERVICE PHONE BALANJ Im D 7371 S Addy: 7371 WALNUT AVE iLING S AC1S - Murricip S S Addy 2: ACCOUNTS RE A Addr3: BUENA PARK CA ACCOUNTS PA Z Zip: 90620 B Addrl: PO BOX 6270 r %97 B B Addr2f 714.5r3.9200 AIMS - Citation B B Addr3: BUENA PARK. CA ANN; - Permit s B B Zip: 90622 DOG LICENSE P Phone: (714)523 -9200 ENCOMPASS F FEIN: 953872871 r BT30000529 S SEIN: r r 7371 WALNA (714)523 0 r CenS I — onril AVE 0200 PROPERTY O I�FctarNichla—A�•RH — Oft" fonts RECEIVABLES MANAGER [ rj^ •L r Intl to �( Inbox itaWR..; 2 Into...- 1 it V2 � SECTION 2 2 -6 SECTION 3 3 -3 3 -3.2 3 -3.2.3 SECTION 4 4 -1 4 -1.3 4 -1.3.4 SECTION 5 5 -1 5 -2 SECTION 6 6 -1 6-7 6 -7.1 6 -7.2 6 -7.4 0 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SCOPE AND CONTROL OF THE WORK WORK TO BE DONE CHANGES IN WORK EXTRA WORK Payment Markup CONTROL OF MATERIALS MATERIALS AND WORKMANSHIP Inspection Requirements Inspection and Testing UTILITIES LOCATION PROTECTION PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK TIME OF COMPLETION General Working Days Working Hours 1 1 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 0 0 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -8.6.1 Best Management Practices and Monitoring Program 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2 - -- CONSTRUCTION MATERIALS SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS 212 -1.2 Soil Fertilizing and Conditional Materials 212 -1.2.5 Mulch 212 -1.4 Plants 212 -1.4.2 Trees 212 -2 IRRIGATION SYSTEM MATERIALS PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 302 -6.6 Curing 4 4 4 4 4 4 5 5 5 5 6 6 6 6 7 7 7 8 :u� 9 • SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 308-4 PLANTING 308 -4.3 Layout and Plant Location 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT 308 -9 PLANT GUARANTEE AND REPLACEMENT APPENDIX A — STANDARD IRRIGATION MATERIALS LIST APPENDIX B — TREE PLANTING DETAIL 9 9 9 9 9 C1 0 SP 1 OF 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 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- 59295); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2- -SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE, Add to this section, "The work necessary for the completion of this contract consists of planting trees within existing raised medians, repairing damaged irrigation system, traffic control, 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, °(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: 0 0 SP 2 OF 10 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 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 3rd 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." 0 SP3OF10 SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a `Notice to Proceed' has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: 'The Contractor shall complete all work under the Contract within 25 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 13t (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 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31st (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 1st, July 4th, November 11th 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 7:00 a.m. to 4:30 p.m., Monday through Friday. • • SP 4 OF 10 The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7-8 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 irrigation during maintenance and plant establishment period for landscaping." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at htti)://www.city.newport- beach.ca.us/pubworks/I inks.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. 0 • SP5OF10 f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City s Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City s Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be • SP 6 OF 10 signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. 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 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License or a Landscape Contractor "C27" 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 RECORDSMS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents • • SP 7 OF 10 shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9-- MEASUREMENT AND PAYMENT 9-3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan, preparing and updating the construction schedule as necessary, demobilization, 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 and temporary parking permits, post signs and all costs incurred notifying residents. 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, K -rail, 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 Install 24" Box 12' Tall Liquidambar Styraciflua Palo Alto (Sweetgum) Tree: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing 24" Box 12' Tall Liquidambar Styraciflua Palo Alto (Sweetgum) Tree, transportation, delivery, storage, placement, soil amendments, root collar, trunk guard, root barrier, top soil backfill, mulch, lodgepoles, tree ties, restoration of damaged electrical and irrigation system, and all other items as required to complete the work in place. Item No. 4 Install 36" Box 16' Tall Liquidambar Styraciflua Palo Alto (Sweetgum) Tree: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing 36" Box 16' Tall Liquidambar Styraciflua Palo Alto (Sweetgum) Tree, transportation, delivery, storage, placement, soil amendments, root collar, trunk guard, root barrier, top soil backfill, mulch, lodgepoles, tree ties, restoration of damaged electrical and irrigation system, and all other items as required to complete the work in place. • • SP 8 OF 10 Item No. 5 Maintenance and Plant Establishment Period (90 Days): Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, manpower, fertilizers, replacement plant materials, supervision and all other items necessary to maintain and establish the landscaping. Item No. 6 Provide As -built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the engineer for review prior to payment request. 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 212 -- LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS 212 -1.2 Soil Fertilizing and Conditioning Materials. 212 -1.2.5 Mulch. Mulch shall be "Forest Floor" (0 -2') 212 -1.4 Plants. 212 -1.4.2 Trees. Trees shall be Liquidambar Styraciflua Palo Alto (Sweetgum). Prior to transporting trees to project site, Contractor shall submit color photographs of several representative trees for City approval. Photographs shall be taken at the nursery and of trees that will be planted as part of this contract. 212 -2 IRRIGATION SYSTEM MATERIALS. Contractor shall use irrigation materials listed on the City Standard Irrigation Materials List. Refer to Appendix A for approved City irrigation materials. i PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials • SP9OF10 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: http: / /www. city. newport - beach.ca.us /GSV /Frachised Haulers.htm." The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -4 PLANTING 308 -4.3 Layout and Plant Location. Contractor shall stake out tree locations prior to planting for City approval. 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT. After all planting is completed, the Contractor shall schedule a meeting with the City Inspector to approve the planting and begin the 90 calendar day maintenance and plant establishment period. If the existing sprinkler system does not adequately water the trees, the Contractor shall hand water the trees to promote healthy growth. 308 -9 PLANT GAURANTEE AND REPLACEMENT A. All plant material installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one (1) year from the effective date of completion of the Maintenance and Plant Establishment period. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the City Inspector, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the City. B. Any materials found to be dead, missing or in poor condition during the Maintenance and Plant Establishment Period shall be replaced immediately. The City Inspector shall be the sole judge as to the condition of the material. 0 • SP 10 OF 10 C. The guarantee form shown below shall be re -typed on the Contractor's letterhead and contain the following information: GUARANTEE FOR TREES We hereby guarantee that the trees we have furnished and installed are free from diseases, and the work has been completed in accordance with the drawings and specifications. We agree to replace any tree not thriving, including amendments and supports during the period of one year from date of acceptance and also to repair or replace any damage resulting from the replacing of such trees at no additional cost to the City. In the event of our failure to make such repairs upon written notice from the City, we authorize the City to proceed to have said repairs or replacements made at our expense and we will pay the costs and charge therefore upon demand. PROJECT: San Joaquin Hills Road Median Trees (C -4008) LOCATION: City of Newport Beach, between Jamboree Road and Avocado Avenue Contractor Signature: Name of Contractor: Date of Acceptance: F1Users\P13MShared \Contracts\FY 07- 08\SJHR Median Trees C- 4008NSPECS C- 4008.doc Last saved by Srooks0l /09/2008 3:54 PM APPENDIX A STANDARD IRRIGATION MATERIALS LIST � ta6`wPONT O O � � r ��F00.M� Heads Parks Division Standard Irrigation Materials List Toro 570 Pop Up (small turf areas) Rain Bird 3500 (small / medium turf areas) Rain Bird 5000 (medium turf areas) Toro 2001 (large turf areas) Toro 640 (large turf areas) Toro 570 Pop Up / Shrub Adapter (small slope & groundcover areas) Toro 300 Stream Rotor (medium slope & groundcover areas) Toro XP 300 Stream Rotor (large slopes & groundcover areas) Toro 500 Flood Bubbler (tree wells) Head model to be selected by the City of Newport Beach. Please contact Parks Supervisor Randy Kearns at (949) 6443082 to confirm. Controller Rain Master Evolution DX2 irrigation controller, contact John Torosian at Rain Master 805 - 527 -4498 Rain Master RME Sentar (contact city before using) Drip and specialized low- volume irrination Rain Bird Xerigation Battery Powered Irrigation Rain Bird TBOS Battery Operated Controller Rain Bird GB Series Remote Control Valve Rain Bird Potted Latching Solenoid Miscellaneous Febco 825Y RP Spears # DS -100 Dri -Splice Connectors with crimp sleeves Spears # DS -300 Dri -Splice Sealant Rain Bird #44 or #33 Quick Coupler Valve with Vinyl Cover Griswold DW Series Valve (Control Valve) Griswold 2160 Solenoid Valve (Normally Open Master Valve) Griswold 2000 Solenoid Valve (Normally Closed Master Valve) Matoo 754 Series Full Port Ball Valve Schedule 40 PVC Lateral Pipes Class 315 Main Supply Pipe (2" and larger) Schedule 40 PVC Main Supply Pipe (1 -112" and smaller) Rectangle Valve Box - Plastic -18 "L x 12"W x 12 "D Round Valve Box - Plastic -10" Control Wire- U.F. 600 -Volt Direct Burial Copper with PVC Insulation. Rain Master EVFM Flow Sensor Rockwell Metal Repair Clamp for all Main Line repairs PVC Slip Fix for Lateral line repairs only APPENDIX B i TREE PLANTING DETAIL TRUNK PROTECTOR TRUNK FLARE ABOVE GRADE KEEP MULCH AWAY FROM TRUP 30" MINIMUM DIAMETER BERM GRASS — CURB AND UNDISTURBED 501L --� A COMPACTED TOP 501L - 12" x 60" ROOT BARRIEP. PACKED 15ACKFILL SOIL FERTILIZER TABLETS SOIL MOUND BENEATH TREE STAKES PLACED OUTSIDE ROOTBALL EXCAVATED SOIL FLARE of Newport Planting 2 x ROMALL ALL OTHERS (MIN.) VARIABLE 3 VARIABLE ♦ 1 1. Tree spacing 35' minimum to 50' maximum 2. Plant 25' minimum from the BCR on the approach to an intersection and 10' from the ECR on the exit side 3. Plant 10' minimum from edge of approach 4. Plant 10' minimum from street light standards and power lines 5. Plant 10' minimum from fire hydrartt9 6. Plant 10' from house walks and utility meters 7. 5'x5' tree well standard unless otherwise specifled 8. Center tree between the sidewalk and curb 9. Mare there Is no parkway, plant tree In the center of the public right -of -way 0 0 TREE PLANTING 5FECIFICATION5 1. Trees must be of quality nursery stock, free from pests, disease and structural defects. 2. Dig planting pit twice as wide as root ball, or as wide as practical per planting location. Pit should be no deeper than soil in the tree container. NOTE: If drainage is a concern, the outside perimeter of the pit can be dug deeper to divert excess water away from the root ball. (See diagram) 3. Remove the tree from the container (24" box), or bottom from box size trees, and place it in the planting pit. The soil level should be 1" - 2" above the finish grade to allow for some settling. Remove the remainder of the box on larger trees. 4. Backfill the pit ' /z way with native soil, add fertilizer tablets if required and enough water to flood the bottom of the pit. 5. Add circular installation of 12" root barrier so that the top of the root barrier is just above the finish grade. 6. Complete backfill of pit with native soil, tamping in soil with feet or shovel handle to in sure there are no air pockets and that soil is reasonably, firm. 7. Prepare earthen water basin capable of holding at least 10 gallons of water. 8. Remove nursery stake and install 2 tree stakes that are tall enough to support the tree. 9. Attach trees to stakes with soft rubber ties and attach a trunk protector to the base of the tree. 10. Fill the water basin and let seep two times. W BOX SPECIMEN ROOT COLI "I FIN15H GRAPE, PACKED BACKFILL� NATIVE 501L \ CUPID & GUTTER City of Newport 36 Inch Box Tree Planting Detail EXCAVATE A *SOIL FLARE ADJACENT TO AND LOWER THAN THE ELEVATION OF THE CONTAINER BOTTOM PLANTING PIT 2x CONTAINER WIDTH. MIN. THIN CANOPY TO REDUCE WIND RESISTANCE, AS NEEDED REMOVE NURSERY STAKE. IF ANY, ORIENT THE TREE WITH SEC TION OF TRUNK SHADED BY NURSERY STAKE TO THE NORTH PROVIDE TREE TRUNK GUARD (ARBORGARD OR EOUN.) DIMENSIONS OF ORIGINAL 36' BOX IMMEDIATELY PRIOR TO BACKFILL REMOVE TREE FROM CONTAINER AND CAREFULLY PLACE IT INTO PLANTING PIT. PRUNE KINKED ROOTS. DO NOT BREAK OR OTHERWISE DISTURB RQOTBALL DEWALK 40' INSIDE DIA. BERM. MM, CA FABLE OF HOLDING 20 GAL WATER. MIN. MOUND NATIVE SOILD BENEATH TREE, ASSURE THAT THE CONTAINER 15 PLACED 50 SOIL LEVEL 15 EQUAL TO OR SLIGHTLY HIGHER. AND ROOT COLLAR IS ABOVE FINISH GRADE 1. Tree spacing 35' minimum to 50' maximum 2. Plant 50' minimum from the 6CR on the approach to an intersection and 15' from the ECP. on the exit side 3. Plant 10' minimum from edge of drive approach 4. Provide 1d minimum clearance from utility and sewer lines 5. Plant 20' minimum from street light standards and power poles 6. Plant 10' minimum from fire hydrants 7. Center tree between the sidewalk and curb 8. Where there is no parkway, plant tree in the center of the public right- of-way 0 0 TREE f LANTING 5FECIFICATIONa 1. trees must be of quality nursery Stock; free from perts, disease and Structural defecte. 2. Dig planting pit twice ae wide as root ball, or ae wide as practical per planting lo- cation. Pit Should be no deeper than soil in the tree container. NOTE: if drainage io "oncern, the outride perimeter of the pit can be dug deeper to divert excerr water away from the root ba11. (see diagram) 3. Remove the tree from the container (36 inch box) and place it in the planting pit. The Soil level should. be 1" - 2" above the finish grade to allow for some Settling. Remove the remainder of the box on larger trees. 4. Backfill the pit '/z way with native soil, add fertilizer tablete if required and enough water to flood the bottom of the pit. 5. Add circular installation of 12" root barrier 90 that the top of the root barrier is just above the finish grade. 6. Complete backfill of pit with native soil, tamping in soil with feet or shovel handle to insure there are no air pocketr and that soil is reasonably firm. 7. Prepare earthen water basin capable of holding at least 10 gallone of water. 5. Remove nursery Stake and orient the tree with Section of trunk shaded by nursery Stake to the north. 9. Fill the water basin and let seep two timee. Ce� MARDSCA ►E PROTECTION LINEAR APPLICATION OOOT BARRIER PAPOLS Flexible Top 1__7r Safety Edge .,_. .................... ....nnection '�OJRROUND APPLICATIOr The CP Series - Root Barrier Panels: are manufactured from durable polyethylene material. Century Product panels feature 90 degree root deflecting ribs, self interlocking panel to panel connection, eliminating joiner strips and gluing. As well as being a root impervious barrier, the CP panels direct roots downward to prevent costly damage to surrounding hardscapes and landscapes. These versatile panels can be used in linear and surround applications. The CP Series panels will reduce maintenance costs and liabilities for government agencies, cities and private industry. Linear Application: For root pruning of existing trees or in planting situations where one -or- or more trees are in close proximity to hardscapes. Surround Application: For new tree planting or when the hardscape encircles the planter. FEATURES: • Flexible Top Safety Edge with fast, error -free assembly. • Versatile barrier for linear or surround applications. • Manufactured with 50% recycled plastic. • Raised 90 degree root deflecting ribs. O Self interlocking panel to panel connection (no glue or connector strip required). O Adjustable anti -lift polyethylene panels which can be separated into 1 foot sections. U.S. Standard For Technical or Field Support, please call: (714) 632 -7084 SPECIFICATIONS: CP Series: CP12 -2, CPi &2, CP24 -2, CP36 -2 and CP48 -2. 90 degre e, root deflecting ribs with se8 intedocking connection. Material: Recycled polyethylene plastic with ultraviolet inhibitors. Thickness: .085 MATERIAL PolyethylenefPropotene CO olymer THICKNESS .085 incc PROPERTIES: ASTM TEST METHOD VALUE POLYETHYLENE COPOLYMER Tensite Stress 0 Yield 0638 4100 TO 43W PSI Elon ation ® Break DM 40% Tensile Modulus of Elasticity D638 15 00 PSI .Flexural Stiffness cantilever Beam 0747 125,000 PSI Tensile Impact D1822 50FI. Ibun2 Environmental Stress Crack Resistance D7693 1 Hr. Hardness, Share D 02240 6B 900 Root Surround Linear Deflecting Ribs Application Application �,�1 Sidewalk Grade 1. Curb p e •p Curb Sidewalk Grade CENTURY PRODUCTS - Certified Arbodst Endorsed Tree Root Barriers, Tree Guards, Water Barriers and Slope Guards. 1401 North Kraemer, Suite B, Anaheim, CA 92806 • (714) 632 -7083 - (800) 480 -8084 • Fax (714) 632 -5470 E Century Products CMEMES ROOT BARRIER PANELS Century CP Series Panels are pre- assembled in two foot long segments which can be combined to create various lengths of barrier. A. The specified number of panels shall be joined together and placed, bordering hardscapes to create a linear planting application, or connected to encircle the root ball for surround planting. B. Vertical 90 degree root deflecting ribs are always facing the root ball. k. SPECIFICATIONS A. The root barrier shall be CP- Series, manufactured by Century Products, 1401 North Kraemer, Unit B, Anaheim, CA 92806, (714) 632 -7083, or approved equivalent. B. The barriers are black, molded, modular panels, manufactured using 50% recycled polyethylene plastic with ultraviolet inhibitors, .085 in thickness. Each panel has vertical 90 degree root deflecting ribs, protruding 3/4 inch in height. The ribs have a minimum thickness of .085 and are placed 6 inches apart. An integrated, self- interlocking joining system provides for instant assembly by sliding one panel into another. II. INSTALLATION A. The specified number of panels shall be joined together and placed, bordering hardscapes to create a linear planting application, or connected to encircle the root ball for surround planting. B. Vertical 90 degree root deflecting ribs are always facing the root ball. C. Always install the panels 112 inch above grade to avoid root penetration above the barrier. D. Prepare your installation as depicted in illustrations. Assemble panels as shown in Figure 1. E. Recommended backfill for surround planting " applications is gravel or crushed rock. Avoid backfill less than 3/4 inch or greater than 1 1/2 inch. Finish to grade. Do not distort barrier during installation. F. Technical Questions ? Cali Century Products at (714) 632 -7083 for assistance. �em Rwwuazxp�PWUTW Figure 1 E� 1. 2 (31 cm) (600m) m 1' (31 cm1 �1► Self interlocking panel to panel lot 90° rib, l Self Interlocking Connection U.S. Corporate Was - Century Products: USA 1401 North Kraemer Blvd., #B, Anaheim, CA VMS • Pitons: (714) 632'73 • (MM 4804M • Fax: (714) 8825470 Austriallen office - C.R.C.: Australia 188 Ailamoie Road, Al amble Heights, N.W.S. 2100 • Phone: 024523208 • Fax: 02- 462.3422 Canadian ONke - Northiand Chipper Sales Ltd. a104 -20551 Lang%Y Bypass, Langley, B.C. M3128 • Phone: ti04932 -SM • 800 555 -2447 • Fax: 8043823001 0 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 February 26, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran 949 -644 -3315 or atran @city.newport- beach.ca.us SUBJECT: San Joaquin Hills Road Median Trees - Award of Contract No. 4008 RECOMMENDATIONS: 1. Approve the project plans and specifications. 2. Award Contract No. 4008 to Belaire -West Landscape, Inc. for the Total Bid Price of $39,980, and authorize the Mayor and the City Clerk to execute the contract. • 3. Establish an amount of $4,000 to cover the cost of unforeseen work. DISCUSSION: At 10:00 a.m. on February 6, 2008, the City Clerk opened and read the following bids for this project: As -Bid Amount is $52,159.68 As -Bid Amount is $86,102.00 The low total bid amount is 17 percent below the Engineer's Estimate of $48,000. The difference was primarily attributed to the low bid price of $500 for traffic control. The low • bidder, Belaire -West Landscape, Inc., possesses a California State Contractors License Classification A or C -27 as required by the project specifications. A check of the BIDDER TOTAL BID AMOUNT Low Belaire -West Landscape, Inc. $39,980.00 2 Land Forms Landscape Construction, Inc. $41,972.00 3 Green Giant Landscape $46,000.00 4 Landscape Inter -Cal Construction Corp. '$47,430.62 5 West Coast Arborists, Inc. $47,675.00 6 Tree Elements, Inc. $48,521.00 7 Mariposa Horticultural Enterprises, Inc. $51,311.00 8 Trugreen Landcare $58,300.00 9 S & M Landscape, Inc. *- $91,385.00 As -Bid Amount is $52,159.68 As -Bid Amount is $86,102.00 The low total bid amount is 17 percent below the Engineer's Estimate of $48,000. The difference was primarily attributed to the low bid price of $500 for traffic control. The low • bidder, Belaire -West Landscape, Inc., possesses a California State Contractors License Classification A or C -27 as required by the project specifications. A check of the • San Joaquin Hills Road M *Trees —Award of contract No. 4008 February 26, 2008 Page: 2 Contractors references indicates they have satisfactorily completed similar projects for • the City of Newport Beach and other municipalities. This contract involves the planting of 29 (12 -feet tall) and 52 (16 -feet tall) Liquidambar Styraciflua Palo Alto (Sweetgum) trees. These trees will be planted within the existing raised medians on San Joaquin Hills Road between Jamboree Road and Avocado Avenue. Pursuant to the Contract Specifications, the Contractor will have 25 consecutive working days to complete the work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected residents and businesses will be notified by the Contractor prior to the start of the project. Funding Availability: • There are sufficient funds available in the following account for the project: Account Description Account Number Amount General Fund 7013- C2002012 $ 43,980 Total: $ 43,980 Proposed uses are as follows: Vendor Purpose Amount Belaire -West Landscape, Inc. Construction Contract $ 39,980 Belaire -West Landscape, Inc. Construction Contingency $ 4,000 Total: $ 43,980 Prepared by: U" icy--- — Andy Tra Senior Civil Engineer Attachments: Project Location Map Submitted by: Badum s Director • e� Z J U N O Z PROJECT �oR LOCATION �J �G �Q z � N pG Q may` E � o 90 • O 2 s° GP - 0�G m O so PROSP o . V n O 1 CITY OF NEWPORT BEACH SAN JOAQUIN HILLS ROAD PUBLIC WORKS DEPARTMENT MEDIAN TREES DATEd2 04 08 SCAEE N.T.S SHT � OF 1 DRAWN 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK l.eilani 1. Brown. MMC September 23, 2009 Belaire -West Landscape, Inc. P.O. Box 6220 Buena Park, CA 90622 Subject: San Joaquin Hills Road Median Trees (C- 4008). To Whom It May Concern: On September 23, 2008, the City Council of Newport Beach accepted the work for subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on November 13, 2008. The Surety for the contract is Arch Insurance Company, and the bond number is SU5024613. Enclosed is the Faithful Performance Bond. fLeilani 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 • • EXECUTED IN FOUR COUNTERPARTS PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT CITY OF NEWPORT BEACH BASED ON FINAL CONTRACT PRICE PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 BOND NO. SU5024613 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 600.00 being at the rate of S 15 QQ PER thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, Stale of California, by motion adopted, awarded to Belalre -West Landscape, Inc., hereinafter designated as the "Principal ", a contract for construction of SAN JOAQUIN HILLS ROAD MEDIAN TREES, Contract No, 4008 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. 4008 and the terms thereof require the furnishing of a Bond for the faithlul performance of the Contract; NOW, THEREFORE, we, the Principal, and ARCH INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety). are held and firmly bound unto the City of Newport Beach, in the sum of Thirty -Nine Thousand, Nine Hundred Eighty and 001100 Dollars ($39,980.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond, otherwise this obligation shall become null and void. 28 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond. there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received. stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Protect 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 14TH day of FEBRUARY , 2006. t� RRd airs -West Landscape, Inc. (Principal) ARCH INSURANCE COMPANY Name of Surety 135 N. LOS R0RLES AVE #825 PASADENA, CA 91101 Address of Surety (626) 639 -5200 Telephone Au orized SignatureRitle Pkg5i6Ev % Authorized Agent Signature SUSAN C. MONTEON, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 ALL - PURPOSE ACKNOWLEDGEMENT State or (' j- r I ss. County of / On ' l�r�__ before me, j1 Gi �' ( 1%7 116 ea (Date) (Notary) personally appeared _ TZId Signer(s) personally known to me or ❑ or proved to me on the basis of satisfactory evidence) to be the person(o) whose name(* is /aU- subscribed to the within instrument and acknowledged to me that ���•••• «••« ««««••«�««•• geisneitttf-y executes the same In owner melt aumurfxcu RENAE GROEN y ca aci and that b /her /t CI ature on ( CCMM R 1585200 rn P h (�), y >;}is . gn fit) f '`� RO *pye PUBLIC CAUFONN A D the instrument the person(+tJ, or the entity upon behalf of y Tt:NGF. COUNTY j �Myccr.:masiot�Eam,15.' n 5. which the person(�cted, executed the instrument. S««• •««««•M «•e«•«•« WITNESS my)tapd and official seal. Stamp clear unpresion of notary seal above. rJ l otary's Signature OPTIONAL INFORMATION CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) `-- orporate Officer >Q0 T (Title) • Partner(s) • Attorney -in -Fact • Trustee(s) Other '60 G DESCRIPTION OF THE ATTACHED Title of Document Number of Pages z a i:k Document Date Other Information I I CAPA ,10.30.00 Uuw.rwurvclasses.cnm 800 - 673 -9865 11 CALIFORNIA ALL - PURPOSE ACK4rLEDGEMENT State of California l ] ss. County of San Bernardino JJJ 0 On February 14, 2008 before me, Pamela McCarthy. Notary Public Name and Trtle of oft-cer to g .'.lam Ooo, NOlaiy PuM personally appeared Susan C. Monteon Name(s) of Signegsj OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and Could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's 71 Individual O Corporate Officer Title r'I Partner -- O Limited O General O Attorney -in -Fact O Trustee 77 Guardian or Conservator Other: Signer is Representing: Top of mumb Hera who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person PAMELA MCCARTHY acted, executed the instrument. ' COMM. # 1659202 2 1 certify under PENALTY OF PERJURY under the laws of ? NOTARY PUBLIC_ CALIFONNAM - SAN BERNARDINOCOLWTy the State of California that the foregoing paragraph is My comm. Expees April 30, 2010 true and correct. WITNESS my hand and official seal. �L $ipnaWre of Notary Pudc OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and Could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's 71 Individual O Corporate Officer Title r'I Partner -- O Limited O General O Attorney -in -Fact O Trustee 77 Guardian or Conservator Other: Signer is Representing: Top of mumb Hera 0 Know All Men By These Presents: POWER OF ATTORNEY 0 -hat the Arch Insurance Company, a corporabon organizes and existing under the laws of the State of Missouri, having its principal office. in Kansas City. Missouri (hereinafter referred 'o as the "Company ") does hereby appoint Pamela McCarthy. Jay P Freernan Susan C. Monteor. and Frances E Lefler of Ontario CA (EACH) is tnle and lawful Attorney (s) -in -Fact. to make, execute, seal, and deliver from the date of issuance of this power for and cn its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute. seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein, The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at Its principal office in Kansas City, Missouri.,,._ This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML001', 00 03 03 Page 1 of 2 Printod in U.S.A. r • ✓�P ;9% November 13, 2008 Belaire -West landscape, Inc P.O. Box 6220 Buena Park, CA 90622 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK 1,aVonne M. Harkless. MMC Subject: San Joaquin Hills Road Median Trees (C4OO8) To Whom It May Concern: On September 23, 2008, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice. of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had lien recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on September 30, 2008, Reference No. 2008000455635. The Surety for the contract is Arch Insurance Company and the bond number is SU5024613. Enclosed is the Labor & Materials Payment Bond. Sincere; laVon onne M. a'rkless, MMC 3 City Clerk encl. 3300 Newport Boulevard - Post Office Box 1768 Newport Beach. California 92658-8915 Telephone. (949) 644 -3005 • Fax: (949) 644 -3039 www.city.newport- beach.ca.us v EXECUTED IN FOUR IIJNTERPARTS • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAN JOAQUIN HILLS ROAD MEDIAN TREES CONTRACT NO. 4008 BOND NO. SU5024613 PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Belaire -West Landscape, Inc., hereinafter designated as the 'Principal,' a contract for construction of SAN JOAQUIN HILLS ROAD MEDIAN TREES, Contract No. 4008 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. 4008 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions. or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW. THEREFORE, We the undersigned Principal, and, ARCH 1N5URANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as 'Surely') are held firmly bound unto the City of Newport Beach, in the sum of Thirty -Nine Thousand, Nine Hundred Eighty and 00 /100 Dollars ($39,980.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and pad 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 suits 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. 26 0 0 The Bond shall inure to the benefit of any and all persons, companies. and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of t me, 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 'hat 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 14Tr day of ZrW i*y , 2008. B afire -West Landscape, Inc. (Principal) ARCH INSURANCE.comPANY Name of Surety 135 N. LOS ROBLES-AYE 082.5. PAS'Ar9RJh�CA Qllnl Address of Surety - (62.6)_ 63a- 52^.0_ Telephone ,Althorized Signaturefritle arm/ Authorized Agent Signature SUSAN C, MON.TEON, ArTORNEYri; FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 ALL - PURPOSE ACKNOWLEDGEMENT I I State of Cid ss. County of �j��� %�pd5 (I On ?7,- before me, 1'. I ! (Date) (Notary) I. i personally appeared Signers) personally known to me or ❑ or proved to me on the basis of satisfactory evidence) to be the person(Yj whose name(S" is /ao subscribed to the within instrument and acknowledged to me that * /she /tW executed the same in */her/t4Kirauthorized NON...1e..N.eN N.N- .I.i.N WN�N. RENAE CROEN capacity(i}, and that by F�kslher /heir signature(g) on tt „s ...;z" CnA•M a 1565200 m the instrument the person(, or the entity upon behalf of W +o *:,:• ceuwnxu aa•.c:-e130uNrr D which the person(+Pg- acted, executed the instrument. c, es JU 5.2M& eNN..d,.• r •.e ..e• ..e r eNN NNNN.NNl: WITNESS hand and official ley. Stamp dear impmssion ofuoim seal abort. Notary's Signature OPTIONAL INFORMATION CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) orporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) Other 6A16 I, C.APAc10.i0.04u+1rrgt, rrci +ssrs mm 60(1 &7i -9$65 DESCRIPTION OF THE ATTACHED Title of Document Number of Pages Document Date Other Information CALIFORNIA ALL - PURPOSE ACK�mNWLEDGEMENT State of California l } ss. County of San Bernardino On February 14, 2008 before me, Pamela McCarthy. Notary Public Aaron anti Tdle or Ofhoor to g .'Jane Uoe. Notary Puol, ) personally appeared OPTIONAL Though the information below is rat required by law. :1 may prove valuable to persons relying on the document and could prevent fraudulont removal and reattachment of this lorm to another document. Description of Attached Document Title or Type of Docu Document Date: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: .3 Individual O Corporate Officer Title 7 Partner -- M Limited O General O Attorney -in -Fact 1 Trustee ZI Guardian or Conservator Other: Signer is Representing: Number of Pages: Top nt thur r hure .%Meld or signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. PAMELA MCCARTHY COMM. 4 1659202 1 certify under PENALTY OF PERJURY under the laws of ? NOTARY PUBLIC- CAUFORNIAC SAN BERNARptNOCOUNTY the State of California that the foregoing paragraph is My Comm. Expves Apnl 30, 2010 true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is rat required by law. :1 may prove valuable to persons relying on the document and could prevent fraudulont removal and reattachment of this lorm to another document. Description of Attached Document Title or Type of Docu Document Date: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: .3 Individual O Corporate Officer Title 7 Partner -- M Limited O General O Attorney -in -Fact 1 Trustee ZI Guardian or Conservator Other: Signer is Representing: Number of Pages: Top nt thur r hure P Know All Men By These Presents POWER OF ATTORNEY 0 That the Arch Insurance Company, a corporation organ¢eu and existing under the laws of the State of Missouri. having its principal office in Kansas City. Missouri (hereinafter referred to as the "Company ") does hereby appoint Pamela McCarthy Jay P Freeman, Susan. C Montecn and Frances E Lefler or On;a:,o CA (EACH) is true and lawful Attorney(s) -in -Fact, to make, execute, seal, and deliver frorr the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertak -ngs EXCEPTION. NO AOTHORITY :s granted to make, execute. seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri.... This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of tie Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by he undersigned Secretary as being in full force and effect: VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary. or the Secretary shall have the power and authority to appoint agents and attorneys -In -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances. contracts of indemnity and other writings. obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3. 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3. 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company MML001 -. 00 03 03 Page 1 of 2 Prin'cd in U.S.A. This Document s electronically recorded by Wt Cert Mail C RE (; E I \ In Official Records, Orange County RECORDING REQUESTED BY AND Tom Daly, Clerk- Recorder WHEN RECORDED RETURN OCT -6 dH "„""" NO FEE City Clerk 2008000455635 10:15am 09130/08 City of Newport Beach - 213 8 N121 3300 Newport Boulevard L �. : -6:0Q 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Belaire -West Landscape, Inc., of Buena Park, California, as Contractor, entered into a Contract on February 12, 2008. Said Contract set forth certain improvements, as follows: San Joaquin Hills Road Median Trees (C -4008) Work on said Contract was completed, and was found to be acceptable on September 23, 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Arch Insurance Company. Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on oD(f� , at Newport Beach, California. BY 4(j&1n-N- City Clerk 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Belaire -West Landscape, Inc., of Buena Park, California, as Contractor, entered into a Contract on February 12, 2008. Said Contract set forth certain improvements, as follows: San Joaquin Hills Road Median Trees fC -4008) Work on said Contract was completed, and was found to be acceptable on September 23, 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Arch Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �' Executed on rwyY,✓ a 0�0�� , at Newport Beach, California. BY of 9r City Clerk 1b CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 September 23, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran 949 -644 -3315 or atran @city.newport- beach.ca.us SUBJECT: SAN JOAQUIN HILLS ROAD MEDIAN TREES — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4008 Recommendations: 1. Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On February 26, 2008, the City Council authorized the award of the San Joaquin Hills Road Median Trees project to Belaire -West Landscape, Inc. The contract provided for the planting of 81 Liquidambar styraciflua 'Palo Alto' (Sweetgum) trees. 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: $39,980.00 Actual amount of bid items constructed: $39,980.00 Total amount of change orders: $ 0 Final contract cost: $39,980.00 The actual amount of bid items constructed was the same as the original bid amount. No change orders were involved with this contract. 0 September 24, 2008 Orange County Recorder P. O. Box 238 Santa Ana. CA 92702 1] CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless. MMC RE: Newport Theater Arts Center Lobby Addition (C -3742) Police Facility Lobby Renovation (C -3902) Buffalo Hills, Bonita Creek & San Miguel Park Lighting Improvements (C -3964) San Joaquin Hills Road Median Trees (C -4008) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Encl. 3300 Newport Boulevard Post Office. Box 1768 Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 www.cit.y.newport- beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording lees 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 MacAdee Electrical Construction, Inc., of Chino, California, as Contractor, entered into a Contract on February 12, 2008. Said Contract set forth certain improvements, as follows: Buffalo Hills, Bonita Creek and San Miguel Park Lighting Improvements (C -3964) Work on said Contract was completed, and was found to be acceptable on September 23. 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Great American Insurance Company. 7 Pubk s Director Qfiy o(-Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on d at Newport Beach, California. BY �l/C?71/n� e i/ • /�G��� City Clerk