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HomeMy WebLinkAboutC-4054 - MacArthur Boulevard Median Trees0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC April 29, 2010 Mr. Jeff Tracy, President Land Forms Landscape Construction 27601 Forbes Road 1#36 Laguna Niguel, CA 92677 Subject: MacArthur Boulevard Median Trees (C -4054) Dear Mr. Tracy: On April 28, 2009, 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 July 13, 2009. The Surety for the contract is International Fidelity Insurance Company and the bond number is 0477995. Enclosed is the Faithful Performance Bond. Sincerely, b Ty ilani I. Brown, MME Katy Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.dby.new:)ort- beach.ca.us 0 0 EXECUTED IN QUADRUPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD MEDIAN TREES i.epik, It ,l:TA41 a1114 BOND N0. 0477995 ON FAITHFUL PERFORMANCE BOND 00jio SsUaW1Oaausr►" MM ON M& CONTRACT MM The premium charges on this Bond is $ 831. 00---------------------------- being at the rate of 514.40--------------------- thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of Calfornia, by motion adopted, awarded to Jeff Tracy, Inc., dba Land Forms Landscape Construction, hereinafter designated as the'Principar, a contract for construction of MACARTHUR BOULEVARD MEDIAN TREES, Contract No. 4054 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. 4054 and the terms thereof require the famishing of a Bond for the faithful performance of the Contract: NOW, THEREFORE, we, the Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY , duty authorized to transact business under the laws of the Slate of California as Surely (hereinafter 'Surety), are held and firmly bound unto the City of Newport Beach, in the sum of Fifty -Seven Thousand Six Hundred Seventy -Four and 001100 Dollars ($57,674.00) lawful money of the United States of America, said sum being equal to 1OD% 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 b 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 Principars heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all M 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 falls to indernnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then. Surely wig faithfully perform the same, in an amount not exceeding the sum speed in this Bond: otherwise this obligation shag become null and void. NOY 0 5 2008 28 LAND FORMS LANDSCAPE CONSTRUCTION 0 0 As a part of the obligation secured hereby, and in addition to the lace amount specified in [his 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 Surely to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of lime, 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. aleralions 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 Surely from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duty executed by the Principal and Surety above named, on the 4TH day of NOVEMBER 2008. P t Jeff Tracy, Inc., dba KL*ijn7A Si eTtl Land Forms Landscape Construction (Principal) INTERNATIONAL FIDELITY INSURANCE COMPANY Name of Surety Authorized Agent Signature 13400 SABRE SPRINGS PARKWAY, SUITE 270 SAN DIEGO, CA 92128 -4196 Address of Surely 858 -513 -1795 Telephone DWIGHT REILLY, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR ANO SURETY MUST BE ATTACHED 29 0 ACKNOWLEDGMENT State of California County of ORANGE On NOVEMBER 4th, 2008 before me, F ALLISON RITTO, NOTARY PUBLIC (insert name and title of the officer) personally appeared DWIGHT REILLY who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) isMm subscribed to the within instrument and acknowledged to me that hefsheAhey executed the same in hisNwAl eir authorized capacity(res), and that by him signature(e) on the instrument the persona), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ALUSOn mno CorM*00, a 15a74e4 Notary v„bao . Calkomio orange County Signature jA (Seal @!`hVCWM-EX0MD&C2&2Mj SON RITTO Tel (973) 624 -7200 POWER OF ATTORNEI INURNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20Th FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the Sate of New Jersey, and having its principal office in tine City of Newark. New Jersey, does hereby corsdwte rind appoint DWIGHT REILLY, HAL DUECK ; Anaheim, CA. ; ......._ ................................................................._.......... ........................._....................._............................._.__.._....._............... ................................ its . _ _ _ true and lawful Attorney( a)) inn -fact to execute, real and deliver for and on in behalf as surety, any and all bonds and undertakings. contracts of indemnity and other writings obligatory , m the metre thereof, which are or may be allowed, required or ppeersmtted byy law, rtawre rile rereggWWeetnu, contract or olherwiu and the executor of such msttument(s) In pursuance of these presents, shall be as bitting upon the said IN7'�RFI�7WNAL FIDELITY INSURANCE COMPANY, err fully and amply, to all intents and purposes, as If the same had been tidy exetT and acknowledged by its regularly elected officers at its principal office. D3 xrors of TrE A'&ONALFIDE nT wsLgZRAONC� COMPANY at aymaeusWg Called Article held On 7i1 daty of Pelimaary, 1974 �e amaze of The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, ahail have power and authority (1) To appoint Aniumeya- m4tiot, and to audwriae diem to execute on behalf of the Company, and asach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other wriWg$ obligatory in the nature thereof and, (2) To remove, at any dine, any such statimey -io fact and revoke the &mhMty given. Further, this Power of p�s�ay s si3tmd and scald by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th dry of April, 1982 of which the following's a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any cerdli Haring thereto by facsimile. and any such power of attorney or cesrifiure bearing such facsimile signatures or facsimile seal ahall be valid and bindmg upon the Company and any such power so executed mod cerdfled by Rcsitnile signatures and facsimile real shall be valid and binding upon die Company in me funne with respect to any bond or undertaking to wbicb it is attacbed. J 1 f !J_y IN TESTI(ONY WHEREOF, M- MRNA77ONAL PMELYff INSURANCE COMPANY has caused this mmumenn m be ^y (/ signed add its corporate seal to be affixed by its authorized officer, this 16th day of October. A.D. 2007. SEAL den PMRNATIONAL FMELITY INSURANCE COMPANY j 9QQ A � STATE OF NEW JERSEY County of Essex R Secretary On this 16th day of October 2007, before me came the Individual who exetmted thb famtnmrnt to and. being by me duly sworn, said sloe be h the metehl described and amhorbsd officer of the MIERN' r 'oil KIM I�V6Z7RRV(8 COMPANY; that tlx said af►Led m said said instrument is the Corporm Seal of said Company: that the said Corporate Seal and his Aprantre were duly affixed by order of the Board o Directors of mpany. OA"Q& IN TESTIMONY WJOtEOP. 1 have hereunto act my hand afftted my Official Seal, ��• I u the Cky of Newark, Now Jersey tlfe day and year first above wften. - - NOTARY O PUBLIC y�'I'JEHg A6 fpn TJ,RComYmSesloh OP NIAJ$RS¢Y .. CgRTTIF1CATION ? fv.21,2101i0 .'a. 1. the uoderalgned o6ker of'J MMATI INAL FIDS.Iiy JNBURANCE COMPANY do Hereby cerdfy ;Oaf I bsyc compareddre f orogaft copy of me Power of ABorney atrddamdavlt, and dre.copy of the Soetidn of totpy -Laws of said cow" u eei'$onh 61 maW,Power o Atia;M dire ORICsINALS ON IN THE HOME OFFICE (W SO COMPANY. and dhAt:llk ' oorreef traaaeripts t116t}of, and of $hC whole o dheeaid. am diet tin am- Of Attorney bra htot beepjevidtkd'ind hsow 6n foil tDsce;ind•.gfl@aE: .. .. ..... . . IN TESTIMONY WI!>jg{>; T here )seeudrpo set itsy:6atd6$ `d�}l day of r .Q ..: >... . • • ALL - PURPOSE ACKNOWLEDGMENT State of California County of O I SS. 0n�qba0jdY j�0, before me,Jitih Qr KMWt`'dt_3'jd('V4' l( ,Notary Public, DATE personally appeared " I-ff -iraaf V who proved to me on the basis of satisfactory evidence to be the person�4whose names4 is /ash subscribed to the within instrument and acknowledged to me that he /oe4ty executed the same in his/ht /qir authorized capacity(i s), and that by his /h,l /t qir signature�4 on the instrument the persono, or the entity upon behalf of which the person W acted, executed the instrument. Own � 179 79 N WW IA.Yn1,mr PLACE NOTARY SEAL N ABOVE. SPACE 1 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 INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OFATTACRED DOCUMENT INDIVIDUAL CORPORATE OFFICER PARTNER(S) ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: TITLE(S) SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENrr1Y0ES) TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER APA0111008 NOTARY BONDS,SUPPLB:SAND FORMS AT InT?JAVWW.VALLEYSIERRA.COM 02005-20DB VALLEY - SIERRA INSURANCE • 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 April 28, 2009 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: MACARTHUR BOULEVARD MEDIAN TREES — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4054 Recommendations: 1. Accepx 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 November 12, 2008, the City Council authorized the award of the MacArthur Boulevard Median Trees project to Jeff Tracy, Inc. dba Land Forms Landscape Construction. The contract provided for the planting of 121 Liquidambar styraciflua 'Rotundiloba' (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: $57,674.00 Actual amount of bid items constructed: $57,674.00 Total amount of change order: $ 3,656.96 Final contract cost: $61,330.96 The one change order was for longer lodge poles to support the trees and the installation of linear root barriers. The final overall construction cost including the change order was 6.3 percent above the original bid amount. 11 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder ! IIMMIIIIIIIIMIIIUIIIIIIIMIINIMIIIIIMIIINIIINO FEE 2009000293657 08-23am 06108109 200 32 N12 t 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Jeff Tracy, Inc., dba Land Forms Landscape Construction, of Laguna Niguel, California, as Contractor, entered into a Contract on November 12, 2008. Said Contract set forth certain improvements, as follows: MacArthur Boulevard Median Trees (C -4054) Work on said Contract was completed, and was found to be acceptable on April 28. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on `�, at Newport Beach,41aallifomix m ��ANA 0 W rn BY —� C iA'1 C" rk < b �P 1A00W1 0 April 29, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC RE: Notices of Completion for the following projects: 1. Water Well Rehabilitation Dolphin & Tamura Shallow Wells (C -4053) 2. MacArthur Boulevard Median Trees (C -4054) 3. Flashing Crosswalk at Newport Blvd. & 23rd Street (C -3969) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, Leilani I. Brown, Mk City Clerk Enclosures 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 Y • . 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 Jeff Tracy, Inc., dba Land Forms Landscape Construction, of Laguna Niguel, California, as Contractor, entered into a Contract on November 12, 2008. Said Contract set forth certain improvements, as follows: MacArthur Boulevard Median Trees (C -4054) Work on said Contract was completed, and was found to be acceptable on April 28. 2009, by the City Council. Tale to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. Director ,rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on m City Clerk at Newport Beach, California. t • 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 14th day of October, 2008, at which time such bids shall be opened and read for MACARTHUR BOULEVARD MEDIAN TREES Title of Project RECEIVED OCT 18 2008 a, LAND FORMS LANDSCAPE CONSTRUCTION V1 Contract No. 4054 $80,900 Engineer's Estimate Approved G. Director Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification 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: hftp://www.city.newi)ort-beach.ca.us CLICK: e- onlineservices/e- bidPublicWcrks • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 TABLE OF CONTENTS NOTICEINVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS .................................... ...................... ....... ..... . ................ . .... SP -1 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 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 word: "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in • • substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code 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. Contractor's License No. & Classification J1 q-1 ra yw-- lc LG+ �Dfms (_c�✓lr�5cq COr7st ✓uC trD�l Bidde— r FIRM i` • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTUUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 :.. :.,l We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and soverelly held and firmly bound to the City of Newport Beach, a Charter city, In the principal sum of TEN PERCENT OF THE TOTAL AMOUNT BID _ Dollars ($10% "•" ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MACARTHUR BOULEVARD MEDIAN TREES, Contract No, 4054 In the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, Including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the malling of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond Is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surely from its obligations under this Bond. Witness our hands this 19TH day ul ,JEFF TRACY, INC. DBA: LAND FORMS LANDSCAPE CONSTRUCTION Name Of Contractor (Principal) INTERNATIONAL FIDELITY INSURANCE COMPANY Name of Surety 13400 SABRE SPRINGS PARKWAY, SUITE 270 SAN DIEGO, CA 92128_ Address of Surety 858)513 -1795 Telephone Authorized Agent Signature DWIGHT REILLY, ATTORNEY -IN -FACT Print Name and Title _ r RECEIVED (Notary acknowledgment of Principal & Surety must he attached) SEP 2 0 2006 LAND FORMS LANDSCAPE CON 'TRIJCTION ACKNOWLEDGMENT State of California County of ORANGE L, On SEPTEMBER 19, 2008 before me, SUSAN PUGH, NOTARY PUBLIC (insert name and title of the officer) personally appeared DWIGHT REILLY who proved to me on the basis of satisfactory evidence to be the person(!] whose name(y) is /aoe subscribed to the within instrument and acknowledged to me that heh>Eilf executed the same in his/b7@ q; authorized capacityoesX and that by his/tKBt aic signature()K) on the instrument the person(;r), or the entity upon behalf of which the person(W 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. 000060 &usAN Pu6H Commlasbn � 17346✓!, 'd Notory Public - California # Orange County Signature (Seal) ^�'cOnvnsMa2e,2o1i SUSAN PUGH Tel (973) 624 -7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 FOR BID BOND/RIDERICONSENTSlAFFmAVITS KNOW ALL MEN BY THESE Px=NT'3: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organizad and existing laws of the Stare of New Jersey, and having its principal Office in the City of Newark, New Jersey, does hereby constitute and appoint DWIGHT REILLY, HAL DUCK Anaheim, CA. .......................l ....ney(...-.. .................cait.......... a n-d.d'e li...................................... ............................... _............................... .... ...................... .._............................ its we and lawful atotney(s) -in -fact to execute, seal and deliver for and on its behalf as surctyh an and all bonds and undertakings. coguaets of indemnity and other writings obligatory m the nature thereof, which are or may be allowed, required or pemuffed by law, suture rule rreea�udlanion, contract or otherwise and the execution of such inshumeids) in pursuance of these presents, shall be as binding upon the said Ufti&ATIONAL FIDELITY INSURANCE COMPANY, in fully and amply, to all intents and purposes, as if the same bad been duly executed and acknowledged by its regularly elected officers at its Principal office. This Power of Anximeeyy is executed, and mayy b�e revoked, pursuant m and by authority of Article 3 Section 3, of the NyLaws adopted by the Board of Directors of INTERNA77ONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of Pebruery. 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint 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, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attamey -in -fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors Of said Company adopted at a meeting duly called amt held on the 29th day of- April, 1982 of which the following is a true excerpt; Now therefore the signatures of such officers and the seal of the Company . may be affixed to any, such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in tha future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANCE CO NY STATE OF NEW JERSEY County of Essex Sec On this 29th day of August 2003, before me came the individual who executed the pmeedingg__i�n�srmmen[, to Me personally (mown and, being fey me duly sworn, said the he is the Herein described and authorized officer of the INTERNAT70NAL FIDELITY INSULiANf:L COMPM; that the reef affued to said instrument is the Corporate Seal of said Company; that the said Corporate Sul and his signature were duly affixed by order of the Board of Directors of said Company. f(1xJtAFtO IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, N a t the City of Newark, New Jersey the day and year first above written, OTARY UBLIC � NIS��� ''✓JE A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Amomey and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attomey, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and drat the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this 19TH day of SEPTEMBER, 2008 Assistnt Secretary !/ �f 0 ALL - PURPOSE ACKNOWLEDGMENT State of California County of OU4 iAQ before me,N�, er K�r�e�,�P �Ia�rrllNotaryPublic, On personally I SS. who proved to me on the basis of satisfactory evidence to be the persons hose name. is /,a)!;- subscribed to the wi in instrument and acknowledged to me that he /s t executed the same in his/lit(tb r-authorized capacity i nd that by his /th signaturgj*on the instrument the personL4P or the entity upon behalf of which the person(A 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. JEIRM NATI MIN; MACMyrLI WITNESS my hand and official seal. ryM� COMM. B 0 ;QL Y/ NOTARY PURIC•CALIFORNIA N OMNNr COUNTY MY CoNIA Ext. MAN. 1, iOit " NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S 1 OR ENTITY(IES) APAOP2008 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER a; r c e s w 0 a F NOTARY BONDS, SUPPLIES AND FORMS AT HTTP -//V/WW.VALLEY- SIERPA.COM ® 2005 -2008 VALLEY - SIERRA INSURANCE Best's Rating Center - Comley Information for International Fido Insurance ... Page 1 of 1 Rating Center -7`1 -. -� mev. Ratings: Financial Strength Issuer Credit 5e..no,, Advanced Search Rating Methodology .. Reserch Rating. A. (Excellent) Financial $ize Category: VII ($50 Million to $1D0 Million) Retings Definitions ` International Fidelity Insurance Company Saw Ch Blitl'S Ratings AM.ent W. 01,s20 Maud 0: 11sco Fun •: 22+010,01, lol'es$ Release$ Address: One Newark Center, 20th Floor Phone: 973624.7200 Effeclive Date: May 20, 2008 Newark. NJ 07102 Fax: 973 643 7116 Related Products 0 Web:..tic.com Industry d Reg:Onal Bases Ratings C17flstry Risk Financial Strength Ratings VIOW Deflnl[IOOS .. structured FYlerlce Rating. A. (Excellent) Financial $ize Category: VII ($50 Million to $1D0 Million) How to OM Railed OuaoNt: Stable Abtipn: Affirmed � C OntaCI 8n MtN/St Effeclive Date: May 20, 2008 Denotes Under Review Best's Ratings Ms. WAD C. sws r v- aem0rre0 mme ,lc- = -rr oneo.,p ebly�elora bpau¢yml. a:c Issuer Credit Ratings View Definitions Long- Term:a- Oullook: Stable Action: Affirmed Date' May 20, 2008 Reports and News Visit our NewsPoom for the latest news and press releases for INS company and its A.M. Best Group. �.rr AMB Credit Report - Insurance Professional (Unabridged( (formerly known as Best's Collspany Report) - includes Best's Fn; readable along with comprehensive analytical commentary, delailed business overview and key financial data. RepoN Revision Date: 0513WM08 (represents the latest significant change). Lfislorital Reports are available in AMB Credit Report Insurance Professional (Unabridged) Archive. Best's Executive Summary Reports (Financial Overview) - available in three versions. these presentabon style reports feature balance s Ley financial performance tests including profitability, liquidity and reserve analysis. 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Data Status: Contains data compiled as of 10/8/2008 (Quality Cross Checked) Best's Key Rating Guide Presentation Report indudes Best's Financial Strength Rating and financial data as provided in Best's Key Re Data Status: 2007 Financial Data (Quality Cross Checked). fl Financial and Analytical Products Best's Property /Casualty Center- Premium Data & Reports Best's Key Rating Guide - P /C. US & Canada Best's Statement File - P /C, US Best's Statement File - Global Best's Insurance Reports - PIC, US & Canada Best's State Lune P /C, US Best's Insurance Expense Exhibq (IEFj - PIC. US Best's Schedule F (Reinsurance) -P /C US Bast's Schedule D (Municipal Bonds) - US Best's Schedule D (Common Stocks) - US Bears Schedule P I_Loss Reserves) - PIC, US Best's Schedule D (Corporate Boma) 7 US Customer Service I ?rodmo Support I Member Center I Contact Info I Careers About A M Best I Site Map I Privacy Policy I Security I Terms of Use I Legal & Licensing Copyngbl ®2009 A.M. Best Company, Inc. AN rights reserved. A.M. Best Worldwide Headquarters, Anneal Road. Oldwick. New Jersey. 08858, USA. http: / /www3. am best. com/ ratings /Full Profile. asp ?BI =O &AM B N um= 520&AItSrc =1... 10/17/2008 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 DESIGNATION OF SUBCONTRACTOR {S1 State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law.. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Av a Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: J±ff_-rr � -h�&, L Bidder it V_(vvv S L pAI SA-(A 0 ms-t tt &.too Araslle A thorized Sign urelfitle • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name JOtt IryPLr- / IA • OV-A'. L Lrv�l 1- brrll5 L.LIrl�X4�J'L C OrnStruC�t10� 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 y� Project Name /Number � -1 Project Description Approxir Agencyl Contact Telephone 1gbq) Q Original Contract Amount $ 1/rinal Contract Amount $ T 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. 41 No. 2 Project P Project [ Approxir Agencyl Contact 0 Original Contract Amount $4 l Final Contract Amount $ ( 9 -1.1 �t . L)v If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description v Approximate Construction Dates:: From f u To: Agency Name l r'l�l� PSI 1 pVY1Vl11\\ V11rtU ContactPersor, �jf� V�1dYf)S.(t1t.TelephoneM) Original Contract Amount hn Final Contract Amount $ 1 r �VbGVQ 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 youlContractor? if yes, briefly explain and indicate outcome of claims. p-ZWr2; - �C U.LAn1D✓�� 0 • Project Name /Number Project Description \ Approximate Construction Dates: From' y -L To: �� "f�%�� Agency Name t I fV1 (�`C �U VI[' �l l I (vLl_ rA11J6n!q , t- Contact Person, 16 JILW j'�l/? v Telephone qbf) Original Contract Amount Final Contract Amount $ �� - t✓ 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 Project Name /Numbed�_W l� r)1(44 "t Cu!la rnae4, 06LvU1 75?9 Project Description Approximate Construction Dates: F Agency Name Contact Person -An f_;1 I�L T To: 6C t". 8 O0/1t?_ tS(SrtrrLi— Original Contract Amount $1U�, Q3 iFinal Contraht'Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 1"Y1L) - • No. 6 Project Name /Number Project Description 0 Approximate Construction Dates: Fro To: a (d ,Zb Agency Name, I l/] 7) u Vl I4't 0 ,f W ( l,1 `. i C� Contact Person NLA �( YA kA. Telephone (ASV Qj1- WZi"Z Original Contract Amount szl�� 4i alO 3 Contract Amounts (1� haYS� yol� ks�- If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superinter dent or on -site Construction Manager for the Contractor. — ,SLt_ q.�.f CLbk p 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. Bidder L�kn O ✓YjS )�r1(�Sf j� C U/i Sou Ltt D/J 1 10 i • GAVINO JUAREZ 116 E. Wilson Orange, CA 92687 Objective To earn a position as Foreman within the Commercial Landscape Industry Expertence Foreman 04/14/03 to Present Land Forms Landscape Construction, • Foreman for various commercial projects within the private and public sector Foreman 1998-1998 Land Forms Landscape Construction • Foreman for various commercial projects within the private and public sector Construction Laborer 1983 -19W Park West Landscape, Tracy & Haigh, Tracy & Ryder • LandscapeAnigation Installation and maintenance of commercial projects • Since 1978, I've been involved in the Commercial Landscape Yeors of Construction Industry QuntRrtfion Experience Projects Corona Del Mar Plaza Treasure Island Bally's Festival Center Four Seasons Resort Club Rosa Parks Elementary School Irvine Spectrum Entertainment Center Las Flores Middle School Alfreda Ward Maloof Greenbelt References References are available on request • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 NON - COLLUSION AFFIDAVIT State of California ) ) ss. C11o��u//n''t//y��of 6 r/.Lnct�X- ) �Jltl t — 71'cLC l / being first duly sworn, eposes and $ays that h �i� �pnSf +dL<I �r Y�St Pn k of -CC -114 I n f '. L_Inlr fE+M9hmry"-maTcing 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 erjury of the laws of the Sta of California that the foregoing is true and correct. _J114 -Triml Inc- d6&'. LGn t✓Drm4c l_ ANsi 442!:_ S �% Bidder %0rt5rttitCtIorj th rized Signat itle Subscribed and sworn to (or affirmed) before me on this da&known 2008 by perso e or proved to me on the basis of satisfactory evidence to be the person(s) appeared before me. I certify under PENALTY OF PERJURY foregoing paragraph is true and corr iJ ?f the laws of the State of California that the Notary Public My Commission Expires: • • JURAT State of California County of (� rQ �ij U ,� SS. ,,) Subscribed and sworn to (or affirmed) before me on this � day of C+���.✓ 20 X , by to be the person who appeared before me. MILNER &NW R IWM27.RNEI( COMM, A 1792792 WARY PURE%° . rORW UI CRf1Y, F. IMB. 1, toff PLACF NO SEAL INABOVE SPACE proved to me on the basis of satisfactory evidence NOTARY'SSIGNATURE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) INDIVIDUAL M CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: ABSENT SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OFATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER J OP2008 NOTARY BONDS, SUPPLIES AND FORMSAT HTTP 9/WWW.VALLEY- SIERRA.COM 1) 2005-2008 VALLEY - SIERRA INSURANCE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 DESIGNATION OF SURETIES Bidders nameN-JQ V D q-('W— 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): S � L)m 0-C-r 12 X 2. i0�'� t4nS9itt5 14{' { -iaA�S t �llyQtL1 c.'� al Cztn�aL Ll G�JI 1 i�� I,�ICfr� S C Cum., �►'�f�P.SSl�1a� -- l �D+'�'lftite.►'UAt�rQppi'1� -{ Bidders Name i • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Record Last Five (5) Full Years Current Year of Record C 0VI S;tVik ct I L.Q,nl) St&PL The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts l n V J'2 t -_2 l Total dollar Amount of Contracts (in Thousands of $ SZ lj 7r No. of fatalities O No. of lost Workday Cases O No. of lost workday cases involving permanent transfer to v U v another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder) -Ir-AW, I n f La 4� V&M5 LGtnt'v�t&pp- Business Address: Zl tD6 t (Lb �j C 3l0 _ C 01St rttAO+J Business Tel. No.:-a5` %aNis " -t, ca %14-11 tau $2 iJ8`I� State Contractor's License No. and Classification: `i (%,?j3 q A_ Z-1 � L�c►1 t)SPt�R �RLrq lt.� Title PrQs�d�vrt _ 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 nf bi I Signatwc ui bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partnersljoint 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 ACKNOWLEDGMENT State of California County of b r" 4 SS. On`( r-r�(� ( before me*__�QnYI (✓K�tfikQr��Q Notary Public, DAT r personally appeared t +7 _j <r Cg Ctif j A 4j4fA _j {rA t q who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that�5be/they executed the same in y K7* /their authorized capacity(ies), and that by bi4i & /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. j"W"'!"n EUCMNEU COMA# 1792192 N NOTARY PUBLIC- CALwONNIA N ONAMOE COUNTY MY Corot". MAN. N, 2017 PLACE NOTARY SEAL IN ABOVE SPACE I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SIGNATURE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER PARTNER(S) TITLE(S) ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER APA011'2008 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP:OWWW VALLEY- SIERRA.COM 102005 -2008 VALLEY - SIERRA INSURANCE a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 ACKNOWLEDGEMENT OF ADDENDA Bidders name�JW we - 'p(mrs Can SZYUL�1 �V') The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature VJ— 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporatiom, -V f AA/c/ (n1 • �6c. L6n4 FOrmS Lon &r Cori aft i one Business Address: 1,1U01 1= nr6eS f�a()i St2--al o�I A U+1uC %CW Telephone and Fax Number: gL14 Skz- 08`7 7 6I CIA SQL -087 LO qZQ- � California State Contractor's License No. and Class: 1Z33C4 , C - 2,77 (REQUIRED AT TIME OF AWARD) G ' Original Date Issued: J- V- S Expiration Date: 1 --50 '09 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Naive Title Address Telephone C I+ {�20�"lrGtCu 52(rellkV Ct Z-uW Phors' gVct SRq= �33q Corporation organized under the laws of the State of r11 DA. 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: 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; "-DhQ Briefly summarize the parties' claims and O W 4-- k 6(-f I-fi P G 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 o pay prevailing wage, falsifying certified payrolls, etc.) ?ie I No — '�—,C-e- VV Are any claims or actions unresolved or outstanding? �e / No _ See 17 0 0 In 2007, Jeff Tracy, Inc. (hereinafter "Land Forms') received wage assessments issued by the Department of Labor Standards Enforcement ("DLSE "). The assessments concerned work on three related public works projects, the last of which was completed almost 3 years ago. Land Forms understands that the Center for Contract Compliance (or "CCC ") triggered the DLSE assessments, relying on outdated and inaccurate information. Nevertheless, Land Forms immediately opened a dialogue with the DLSE and met with the DLSE multiple times over the phone and in person in an effort to show the DLSE that Land Forms was in compliance with the prevailing wage laws on the jobs in question, and with respect to all of its other jobs for which Land Forms had been awarded public works' contracts. The DLSE enforcement action was also related to two prior civil suits filed against Land Forms, arising out of the same public works jobs. The latter of those two suits were filed by two attorneys who at one time worked together and knew that Land Forms, which is a relatively small company, believed that lawsuits which could be settled for less than the cost of representation should be settled. Again, Land Forms believes that the CCC was a key reason why these civil suits were filed, but that the CCC was relying on inaccurate and incomplete information. The DLSE assessment was resolved without any findings of liability against Land Forms, and without any admission of any type of liability by Land Forms. While Land Forms believed it had a complete defense to the DLSE assessments, the USE mentioned that if Land Forms challenged the assessments it would appeal, which would make it very expensive for Land Forms to continue to defend the matter. Thus, when the DLSE proposed to resolve the assessments by having Land Forms assign its right to the retention that remained on two projects, requiring no monies to be paid out of Land Forms' pockets, and because the amount was a small fraction of what was originally sought, Land Forms decided to settle. The two civil suits were likewise resolved on terms very favorable to Land Forms. In none of these matters did Land Forms having any findings of liability against it and Land Forms did not admit liability of any kind. Since that time, Land Forms has been attempting to contact the Center for Contract Complaint (or "CCC ") to have it visit Land Forms' place of business to ensure that it saw first hand that Land Forms has been in compliance with all prevailing wage laws, but the CCC, to date, has failed to do so. Land Forms is in compliance with the prevailing wage laws, and it will provide any additional information that the City of Newport Beach requires to ensure that the City of Newport Beach concludes that Land Forms is a responsible bidder. 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. V (R -I �Q Lrl (Print name of Ow her or President jp � f -I wy 114C A &I Bidder L'a.4/0 ri��s CU�tSt�uLt-i(Y� -- J 1) -13-D bate On before me, r Notary Public, personally appeared who proved to me on the basis of satisfactory evident to be the person(s) whose name(s) is /are subscribed to the within instru=ed d acknowledged to me that he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJLJAY under the laws of the State of California that the foregoing paragraph is true ancl/60rrect. I WITNESS my hand and offic' seal. �0 Q ��.�. (SEAL) Notary PubZina for said Sta te My Commisses: W • 0 ALL - PURPOSE ACKNOWLEDGMENT State of California } SS. County of 1��r "(,('�(� Q_ ) /+ 2� On P { (�v� v ( ink before me,�� htt py y eyj g- Lys /Notary Public, DATE personally appeared Q C c I rA ( �( , who proved to me on the basis of satisfactory evidence to be the personA whose name is/A subscribed to the w'thm instrument and acknowledged to me that he / e /y e ecuted the same in his /lIA/tb& authorized capacity( j, and that by his /IA/tlr signature on the instrument the persorl' or the entity upon behalf of which the person0}acted, executed the instrument. :WTAW WW ME NACw aL M. fl 1792792 '7 UHORNIA R, Iq 4, 1012 •: PLACE NOTARY SEAL M ABOVE SPACE 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 INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER F e a e r 0 n 0 F APA012008 NOTARY BONUS, SUPPLIES AND FORMS AT HTTP : //WWW.VALLEY- SIERRA.COM 9) 2005- 2(H)RVALLEY-SIERRAINSURANCE California Business Search • • Page 1 of 1 C� 11ffn(S l,1111i, s1111es I -car t �ecrctxr� of �iMe DF.E3RABONVENT DISCLAIMER: The information displayed here is current as of OCT 10, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation JEFF TRACY, INC. Number: C1730315 Date Filed: 8/23/1993 Status: active Jurisdiction: California Address 27601 FORBES RD STE 36 LAGUNA NIGUEL, CA 92677 Agent for Service of Process JEFFERY T TRACY 27601 FORBES RD STE 36 11LAGUNA NIGUEL, CA 92677 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 /co rpd ata /ShowAi lList ?QueryCorpN u mber -C l 730315&pri... 10/17/2008 Receivables Manager Detail Acct. Business Tax Type: Bus. #: BT97027401 LAND FORMS Name: LANDSCAPE /JEFF TRACYI S Number: S Street: S Suite: Addr2: 27601 FORBES RD 14 Addr3: LAGUNA NIGUEL, CA Zip: 92677 -0000 B Addr9: 27601 FORBES RD #14 B Addr2: B Addr3: LAGU14A NIGUEL, CA B Zip: 92677 -0000 Prop. ID: FEIN: State ID: 87861 usrl: 330585507 4245 usr2: 712339 C usr3: 0781 /C /120197/ /F /A usr4: 949- 582 -0877 usr5: / Credit: 0 Pen. N Exempt: Tax N Exempt: Q v *Sts j i9 Microsoft-. ;:;Inbox - ... 8 CONTM.. 11@2 Per... 2 Inte...- Check a License or Home InWvement Salesperson (HIS) Regis 0on - Contr... Page 1 of 2 Department of Consumer Affairs Contractors State Li `se�3oard Contractor's License Detail - License # 712339 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. > CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. -> Per B &P 7071.1 7, only construction related civil judgments reported to the CSLB are disclosed. >> Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. >> Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 712339 Extract Date: 10117/2008 JEFF TRACY INC DBA LAND FORMS LANDSCAPE CONSTRUCTION Business Information: This license has workers compensation insurance with the DELOS INSURANCE COMPANY Policy Number: Ot DKRM2001653 hftp: / /www2. cslb. ca. gov/ OnlineServices /CheckLicense /LicenseDetail .asp 10/17/2008 27601 FORBES ROAD #36 LAGUNA NIGUEL, CA 92677 Business Phone Number: (949) 582 -0877 Entity: Corporation Issue Date: 09/08/1995 Expire Date: 09130/2009 License Status: This license is current and active. All information below should be reviewed. . -. CLASS DESCRIPTION Classifications: C27 LANDSCAPING CONTRACTOR'S BOND This license filed Contractor's Bond number 0443901 in the amount of $12,500 with the bonding company INTERNATIONAL FIDELITY INSURANCE COMPANY. Effective Date: 08/2312007 Bonding: Contractor's Bonding History - BOND OF QUALIFYING INDIVIDUAL The Responsible Managing Officer (RMO) JEFFREY THOMAS TRACY certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. 1. A bond of qualifying individual is not required. Effective Date: 09/08/1995 This license has workers compensation insurance with the DELOS INSURANCE COMPANY Policy Number: Ot DKRM2001653 hftp: / /www2. cslb. ca. gov/ OnlineServices /CheckLicense /LicenseDetail .asp 10/17/2008 Check a License or Home Ingpvement Salesperson (HIS) Regis Vion - Contr... Page 2 of 2 Effective Date: 12/01/2007 Workers' Compensation: Expire Date: 12/01/2008 Workers' Compensation History Conditions of Use I Privacy Policy Copyright © 2008 State of California http: / /www2. cslb. ca. gov/ OnlineServices /CheckLicense /LicenseDetai1.asp 10/17/2008 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 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 n U CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 CONTRACT THIS AGREEMENT, entered into this _ day of , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Jeff Tracy, Inc., dba Land Forms Landscape Construction, a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: MACARTHUR BOULEVARD MEDIAN TREES The work necessary for the completion of this contract consists of planting trees within existing raised medians, removing conflicting vegetation, installing an irrigation system, 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. 4054, 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 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Fifty -Seven Thousand, Six Hundred Seventy-Four and 001100 Dollars ($57,674.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Andy Tran (949) 644- 3315 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Jeff Tracy, Inc., dba Land Forms Landscape Construction 27601 Forbes Road, Suite 36 Laguna Niguel, CA 92677 949 -582 -0877 949 - 582 -0876 Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 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 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. NIA • 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. 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. Contractors 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 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 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 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. ATTEST: APP ED AS TO FORM: 7 , C AARON C. HARP Assistant City Attorney JEFF TRACY, INC., DBA LAND FORMS LANDSCAPE CONSTRUCTION By: ))A , �:2' V.`Vrate Offic TitIe:—f'r-e4-J1V Print Nam Please note: Corporations must complete and sign both place above even if each office is held by the same individual 25 • 0 EXECUTED IN QUADRUPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 BOND NO. 0477995 PREMIUM INCLUDED ON 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 Jeff Tracy, Inc., dba Land Forms Landscape Construction, hereinafter designated as the 'Principal; a contract for construction of MACARTHUR BOULEVARD MEDIAN TREES, Contract No. 4054 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. 4054 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, INTERNATIONAL FIDELITY 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 Fifty -Seven Thousand, Six Hundred Seventy -Four and 001100 Dollars ($57,674.00) 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 temps of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the Slate of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And 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 Surely from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 4TH day of NOVEMBER 2008 Jeff Tracy, Inc., dba Land Forms Landscape Construction (Prir INTERNATIONAL FIDELITY INSURANCE COMPANY Name of Surety Authorized Agent Signature 13400 SABRE SPRINGS PARKWAY, SUITE 270 SAN DIEGO, CA 92128 -4198 Address of Surety 858 -513 -1795 Telephone DWIGHT REILLY, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 ACKNOWLEDGMENT 0 State of California County of ORANGE ) On NOVEMBER 4th, 2008 before me, ALLISON RITTO, NOTARY PUBLIC (insert name and title of the officer) personally appeared DWIGHT REILLY who proved to me on the basis of satisfactory evidence to be the persons) whose name($) iskw subscribed to the within instrument and acknowledged to me that hetshelthey executed the same in hisAierAheir authorized capacity(fes), and that by hisA% -r their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. i meep�, # 1637464 CaNtrnMa � oramecouw Dec 23.2[ Signature (S ALLISON RITTO Tel (973) 624 -7200 A W ER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a ocrpontion organized and existing: laws of the Stare of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint . ..................................................................................................................................................................................................................................................... ............................... DWIGHT REILLY, HAL DUECK Anaheim, CA. i .................................................................................... .......... ....... ................. .................... ........ ................................ .......... ............... ........... ....................... ..... .................... .......... : its true and lawful attorney(s)-in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory m tithe nature thereof, which are or may be allowed required or per itte by law, stature rule, regguulation, contract or otherwise, and the execution of such mstrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE 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. yy pp y G This Directors off ®iNTERNATIONALuFIDELITY INbeSURANCE COMPANY at a by called and he 3- Section the 7'th day Peebbruary,ol974 by the Board of The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorueys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Further, this Power of Attorney is st and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating therein by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and biadmgg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid alto binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. SEAL ' g I QQ,4 ,a, STATE OF NEW JERSEY �.y p County of Essex FIDELITY INSURANCE COMPANY C-�� Secretary On this 16th day of October 2007, before me came the individual who executed the recedt'ng _i�n�strument, tome petsoin known, and, being by me duly sworn, said die be a the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal mid his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -I:aws of said Company as set fprW in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not beery revolted and is now in full force and effect IN`TESTIMONY WHEREOF, I have hereunto sef my hand this 4th day of Novenbex 2bos. Assistant secretary ' .. 0 • • ALI- PURPOSE ACKNOWLEDGMENT State of California County of r �(A-C ? SS. on-n oho WIbg✓ U, zttg , before m�J,46 ,- kA!hlrjAG'Al1CJE>X «Notary Public, DATE personally appeared who proved to me on the basis of satisfactory evidence to be the personKwhose name(*Yis /ape'subscribed to the within instrument and acknowledged to me that he /sk6tWexecuted the same in his/Itprlth*f authorized capacity(] and that by his /lpfllhOrsignature(.&) on the instrument the person(sj; or the entity upon behalf of which the person(,s-)r'a'cted, executed the instrument. _ LM*M R NARONE RLACANELL MYIL Comm .# 1792792 NOTARY PURLIC- CAUMNIA N ONO COUNTY MT ANN. EXP. MAR. 4. 2012 N7 PLACE NOTARY SEAL IN ABOVE SPACE 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. NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT El INDIVIDUAL CORPORATE OFFICER PARTNER(S) ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: TITLE(S) SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER v a, r F 6 E E z 4 0 a F APA0112008 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP:IIWWW. VALLEY- SIERRA.COM V 2005 -2008 VALLEY - SIERRA INSURANCE 0 EXECUTED IN QUADRUPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT �J MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 BOND NO, 0477995 FAITHFUL PERFORMANCE BOND anoisSUB cTlonuDJUSTTMENT BASED ON FINAL CONTRACT PRICE The premium charges on this Bond is $ 831 .00---------------------------- . being at the rate of $14.40--------------------- thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach. State of California, by motion adopted, awarded to Jeff Tracy, inc., dba Land Forms Landscape Construction, hereinafter designated as the "Principal ", a contract for construction of MACARTHUR BOULEVARD MEDIAN TREES, Contract No. 4054 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. 4054 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY , duly authorized to transact business under the laws of the Slate of California as Surely (hereinafter "Surety), are held and firmly bound unto the City of Newport Beach, in the sum of Fifty -Seven Thousand, Six Hundred Seventy -Four and 001100 Dollars ($57,674.00) 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. RECEIVED hOV 0 5 2008 28 LAND FORMS LANDSCAPE CONSTRUCTION • 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 lime, 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 lull 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 4TH day of NOVEMBER 2008, rp'a Jeff Tracy, Inc., dba on d rt er ritl Land Forms Landscape Construction (Principal) INTERNATIONAL FIDELITY INSURANCE COMPANY Name of Surety 13400 SABRE SPRINGS PARKWAY, SUITE 270 SAN DIEGO, CA 92128 -4198 Address of Surely 858 -513 -1795 Telephone Authorized Agent Signature DWIGHT REILLY, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 0 . ACKNOWLEDGMENT State of California County of ORANGE On NOVEMBER 4th, 2008 before me, ALLISON RITTO, NOTARY PUBLIC (insert name and title of the officer) personally appeared DWIGHT REILLY who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) ishme subscribed to the within instrument and acknowledged to me that heMhefthey executed the same in hiskietAheir authorized capacity(ies), and that by hislhertff'r& signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ALLISON RIrrO OwCommission S 1597464 Notary Public - CoNfornia l Orange CoSignature (Seal Ccmm•rxPilw c23,2W8 A SON RITTO Tel (973) 624 -7200 AWER OF ATTORNE)o INTERNATIONAL FIDELITY INSMANCE�COMPANY.... HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ . . . . . . . . .. . . . . . . . . . . .. . .. . .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . ................ . . . . . . . . . . . . . . .......................... . . . ...... . . . . . . . .......................... . . . . . . . . . . . . . . . . . DWIGHT REILLY, IJAL DLIECK k Anaheim, CA. : . . . . . . . . . .. . .. . .. . .. . .. . . . . . . . . . . . . .. . .. . . . . . . . . . . .. . . . . .. . .. . . . . . . . . . . . .. . .. . .. . . . . .. . . . . . . . . . . . . . . .. . .. . .. . .. . .................................... . . . . .. . ............ . . . . . . . ............. . ....... . ... . . . . . . .... . . .. . ... . . . . . . . ............. . ............................. . ...... its true and lawful attorney( in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory m the nature thereof, which we or may be allowed, required or matted by law, statute, rule, ulatitioon, contract o L or otherwise, the execution of such instrument(s) in pursuance of these presents, shall be as binding upon 'le said INTERNA NAL 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. This Power of Atmrne��++ is executed and mayybe revoked, pursuant to and by authority of Article 3-Section 3, of the %Laws adopted by the Board of Directors of INTERNA'ITONAL FII�HLITY INSURANCE COMPANY at a meeting called and held on the 7th day of Aebruary, 1p974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint 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, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attomey -in -fact and revoke the authority given, Further, this Power of Attorney is si ed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day ofgAptil, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bittdmgg upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in me future with respect to any bond or undertaking to which it is attached. j I I /y(r3. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this msmrment to be ?Y0 (/A signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. SEAL >enTyn INTERNATIONAL FIDELITY INSURANCE COMPANY 4 ,s, rn STATE OF NEW JERSEY �v� p County of Essex Secretary On this 16th day of October 2007, before n e canoe the individual who executed the preceding mstmment, to me p�sonaByy known and, being by the duly sworn, said the he ns the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY'; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. MAR f3� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. NOTARY . O y ...J PUBLIC: A NOTARY PUBLIC OF NEW JERSEY .. CERTIFICATION My Commissiort Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared ttste foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said:Companp 4 set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whpje of the said originals, and that the said Power of Attorney has not been.revoked and is now in fug force and effect IN TESTIMONY WHEREOF, I have hereimm set my hand this day of 4th NoVetllberr, 00 .. Assistant Secretary 0 . ALL - PURPOSE ACKNOWLEDGMENT State of California Countyof 0(arlgL SS. On'n"04- :jfr(,jnfiR before me�.,Vjj_h r K(I(hPY(�L��ILC�L((LGI� ,Notary Public, DATE personally appeared who proved to me on the basis of satisfactory evidence to be the person�4whose name f4 is /ask subscribed to the within instrument and acknowledged to me that he /oe /*y executed the same in his/hWir authorized capacDty(ys), and that by his /h /rM � r signatureko on the instrument the person', or the entity upon behalf of which the person acted, executed the instrument. aAwsER KONERIAF DlAC10YE1A b COMA441792792 ROTARY wYUC•CAtaoRNA �l Z Coosa MY CRYYOR, EJ( /. MAR. 1, gDli PLACE NOTARY SEAL IN ABOVE SPACE 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 INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) INDIVIDUAL CORPORATE OFFICER PARTNER(S) TI'ILEIS) ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER a F APA01 /2008 NOTARY BONDS, SUPPLIESAND FORMSAT HFI 'P: / /WWW.VALLFY- SIERRA.COM 02005- 2008VALLEY- SIERRAINSURANCO. #' a Aft ACORD CERTIFICATE OF LIABILITY INSURANC ()PIE) RR DATE(MMIDDIYYYYI LANDF -M 11/04/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO LTR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Crosby Insurance, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8181 E. Kaiser Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Anaheim CA 92808 Phone: 714- 221 -5200 Fax: 714- 221 -5210 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER SCOTTSDALE CO. EACH OCCURRENCE _INSURANCE INSURER B. Ewloy.. xututal Ivauxavoe X Land Forms Landscape CoI1St 5100,000 A Jeff Tracy 27601 INSURERA NAT. UNIDN FIRE INS, CD, PITTS BCS0017629 INSURERD: DeloS Insurance Co. 06/30/09 Forbes Road #36 Laguna Niguel CA 92677 INSURER E' S Excluded X 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 �LKJIE& AGG _..___. .. — LTR r. NQ TYPE OF INSURANCE POLICY NUMBER POLICY AT MMIFDpIV E POLICY MIDY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 X PREMISES (Ea oxurence) 5100,000 A COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx-1 OCCUR BCS0017629 06/30/08 06/30/09 MED EXP (Anyone persm) S Excluded X PERSONAL B ADV INJURY S1,000,000 Owner /Coat Prot. _ s2,000 000 GENERAL AGGREGATE GENT AGGREGATE UMIT APPLIES PER: PRODUCTS - OOMPIOP ABC $ 2 , 000 , 000 POLICY R JECT LOC B AUTOMOBILE LIABILITY ANYAUTO 3X4770609 06/30/08 06/30/09 (E eml d.0) SINGLE LIMB $1,000,000 X BODILY INJURY (Pm pe.) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (PeraxideM) $ HIRED AUTOS NON -OWNED AUTOS PROPERN DAMAGE (Per..,dem) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ $ AUTOONLV AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 4, 000, O00 C X OCCUR F—ICLAIMSMADE BE2859162 06/30/08 06/30/09 AGGREGATE $4,000,000 s $ DEDUCIBLE X RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OIDKRMI- 2001 -653 12/01/07 12 /01/08 X TORY LIMBS ER El EACH ACCIDENT S1,000,000 E.L. DISEASE - EA FMR-0YU $1,000,000 OFFICERIMEMBER EXCLUDED? If Ws, descnW under SPECIAL PROVISIONS below El DISEASE - POLICY LIMIT s1,000,000 OTHER DESCRIPTION OF OPERATIONS ) LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *Ten Days Notice of cancellation will be given for non - payment of premium. Re: MacArthur Blvd Median Trees Certificate holder, its officers, agents, officials, employees and volunteers are named as additional insured per the attached endorsement. (Primary) (X) (WC-Waiver) (GL- Waiver) FIFICATE HOLDER CTYNEPB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATH City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL EN41WORa0IMAIL *30 DAYSWRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 94 NP8110 @88911901- Attn: Andy Tran 3300 Newport Blvd. I ' Newport Beach CA 92663 0 POLICY NUMBER: BCS0017629 1J 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 modif!as insurance provided under the following: SCHEDULE Name Of Additional Insured Parson(s) Or Or anizatlon s : Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION ALL LOCATIONS WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE 'OCCURRENCE' TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY 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 in- clude as an additional insured the person(s) or or- ganlzatlon(s) shown in the Schedule, but only with respect to liability for "bodOy injury" or 'property damage' caused, in whole or in part, by 'your work' at the location designated and described In the schedule of this endorsement performed for that additional insured and included in the 'products- completed operations hazard'. CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 13 • 0 POLICY NUMBER: BCS0017629 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured Is amended to Include as an additional Insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing In a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization Is an additional insured only with re- spect to liability for 'bodily Injury', "property dam- age" 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. A person's or organization's status as an addi- tional Insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional Insureds, the following additional exclu- slons apply: This insurance does not apply to: 1. 'Bodily Injury', 'property damage' or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, Including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, Inspection, architectural or engineering activities. 2. "Bodily Injury' or 'property damage' occurring after: a. All work, Including materials, pans or equipment furnished In connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. 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 subcon- tractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 Id ISO Properties, Inc., 2004 Page 1 of 1 0 0 . A SCOTTSDALE INSURANCE COMPANY® ENDORSEMENT NO. ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENT N0. POLICY NUMBER (11:07 AM. STANDARD TIME} BCS0017629 06/30/08 JEFF TRACY, INC. DBA: LAND FORMS O47AN LANDSCAPE CONSTRUCTION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modes insurance provided under the following forms: Additional Insured — Owners, Lessees Or Contractors — Automatic Status When Required In Construction Agreement With You (CG 20 33 07/04) Additional Insured — Owners, Lessees Or Contractors — Completed Operations (CG 20 37 07/04) The insurance provided by these endorsements shall be primary. UTS -39-01 (3 -92) 0 E POLICY NUMBER: BCS0017629 COMMERCIAL GENERAL UASILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION WITH WHOM THE INSURED HAS AGREED TO WAIVE RIGHTS OF RECOVERY, PROVIDED SUCH AGREEMENT IS MADE IN WRITING AND PRIOR TO THE LOSS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) Is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work' done under a contract with that person or organization and Included in the 'products-completed operations hazard'. This waiver applies only to the person or organization shown in the Schedule above. CG 24 44 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 13 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS Policy No: 01 DKRM 1- 2001 -653 Policy Period: 12/01/07-12/01/08 Insured: Land Forms Landscape Construction Endorsement No: DBA: Jeff Tracy Endorsement Effective Date: December 1, 2007 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(s) or organization(s) named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires that you 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 classification premium associated with each specified contract or project within a policy and /or the maximum premium of 2 % of the total classification premium. It is hereby agreed that 30 days notice of cancellation will be provided to certificate holder at address shown below, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives. 10 days notice of cancellation will be provided for non - payment of premium; Minimum Premium per policy: $250 Schedule: Person or Organization City of Newport Beach Public Works Department its officers, agents, officials, employees and volunteers Job Description MacArthur Blvd Median Trees This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. WC 99 08 04 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. • • Oyler, Shauna From: Jessica Scherer [JScherer @bbsocal.com] Sent: Wednesday, December 03, 2008 11:32 AM To: Oyler, Shauna Subject: FW: Landforms Landscape Jessica Scheer Commercial ine Account Administrator Brown & Brown of California, Inc. P.O. Box 649 Orange, CA 2863 Ph: (714) 221 -1841 Fax: (714) 221 -4141 Email. ischerert&bbsocaLcom License# OF06835 NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Also, be aware that coverage may not be bound, altered or cancelled by the use of email. From: Oyler, Shauna [ mailto: SOyler @city.newport- beach.ca.us] Sent: Tuesday, December 02, 2008 2:38 PM To: Jessica Scherer Subject: FW: Landforms Landscape I just received this form the contractor. The total contract amount is only $80,900. Can we use the original forms? .......... . From: Jennifer King [mailto:]King @bbsocal.com] Sent: Tuesday, December 02, 2008 2:33 PM To: Oyler, Shauna Cc: Jessica Scherer Subject: Landforms Landscape Hi Shauna I just talked with Denise at Crosby Insurance, the insurance agent for Landforms Landscape. They are not able to obtain the earlier version of one of the endorsements we requested. After my discussion with her and based on the scope of work the contractor will be performing for the City, I believe the CG2010 07104 and the CG2037 07104 versions combined are ok to go forward with. (these are the versions they originally sent in) Best regards, Jan Jennifer M. King Brown & Brown of California, Inc. 500 N. State College Blvd., Suite 400 Orange, CA 92868 Ph: (714) 221-1873 Fax: (714) 221-4173 0 . Email: jktft@bbsocaLcom License #0786768 NOTICE: Please be aware that you cannot bind, alter or cancel coverage without speaking to an authorized representative of Brown & Brown of California, Inc. Coverage cannot be bound without confirmation from an authorized representative of Brown & Brown. CONFIDENTIALITY NOTICE: The information contained in this communication, including attachments, is privileged and confidential. It is intended only for the exclusive use of the addressee. If the reader is not the intended recipient, or the employee, or the agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us by return email or telephone immediately. Thank you. 0 . CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 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. 4054 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization at'eu iYlktkrtbYPGI Dollars _T and ZA►' b Cents $ _ Per Lump Sum 2. Lump Sum Traffic Control @ AIIA44 ollars and Zero Cents s 4-- 10D Per Lump Sum 3. 58 EA Install 24" Box 10' Tall Liquidambar styraciflua 'Rotundiloba' (Sweetgum) Tree PTA -A1njYPA -(Pnl Dollars and Z2rc) Cents �r1 � s A,00 s 2-t2bX Per Each 0 0 PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 63 EA Install 36" Box 14' Tall Liquidambar styraciflua `Rotundiloba' (Swleetgum) Tree @�IyQ �il l 1(/h *W&ooIlars �J` IG and ,C,Y Cents $ `5 $ 32 ` V Per Each Lump Sum Install Irrigation System u f OytL @ Dollars and ZQ VD Cents $ Per Lump Sum 6. Lump Sum Maintenance and Plant Establishment Period (90 Days) Dollars o and Cents 000010 Per Lump Sum Lump Sum Provide As -built Drawings @ML&I K 49ollars and _Zlyp Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and Zt I( n _Cents $ t) 7 u j '' Total Price (Figures) Date q,05g2 -092. TO 22_1 2LO Bidder's Telephone arrd Fax Numbers Bidder's License No(s) and Classification(s) Bidder's email address: rs jt�-( - (Yae�i, (IBC -� LArI(� ,rls Biddel' L.QVL SCtL Bidder's Address 44WI 1 1 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 4 4 4 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 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 1 1 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 4 4 4 4 4 4 4 0 • 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 Conditionaing Materials 212 -1.2.5 Mulch 212 -1.4 Plants 212 -1.6 Root Barriers 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 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 s 5 5 5 6 6 6 6 7 7 7 8 8 9 9 9 9 9 9 21 21 0 • SP 1 OF 22 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MACARTHUR BOULEVARD MEDIAN TREES CONTRACT NO. 4054 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- 5940 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714- 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of planting trees within existing raised medians, removing conflicting vegetation, installing an irrigation system, 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: SP2OF22 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 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." SP3OF22 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 90 -day maintenance and plant establishment period is not included. 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." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (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 Mondg is a holiday. If January 1St July 4tH, November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." SP4OF22 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. Refer to Section 7 -10.3 for specific lane closure requirements. 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, etc. 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at htti)://www.city.newr)ort- beach. ca. us /pu bworks /li n ks. 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. SP5OF22 b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas 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. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic 0 • SP6OF22 Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control 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. Contractor shall not close any southbound traffic lanes on MacArthur Boulevard from 7:00 a.m. to 9:00 a.m. and from 3:00 p.m. to 4:30 p.m. 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 RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents i 0 SP7OF22 shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, preparing the SWPPP or BMP Plan, 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 setting up traffic control, covering conflicting street signs, and posting temporary signs. 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, and flashing arrow signs. 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 10' Tall Liquidambar styraciflua 'Rotundiloba' (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 10' Tall Liquidambar styraciflua 'Rotundiloba' (Sweetgum) Tree, transportation, delivery, storage, placement, soil amendments, root collar, trunk guard, root barrier, removal of conflicting vegetation, 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 14' Tall Liquidambar styraciflua 'Rotundiloba' (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 14' Tall Liquidambar styraciflua 'Rotundiloba' (Sweetgum) Tree, transportation, delivery, storage, placement, soil amendments, root collar, trunk guard, root barrier, removal of conflicting vegetation, 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. 0 0 SP8OF22 Item No. 5 Install Irrigation System: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, connections to existing irrigation system, installation of pipes, valves, valve boxes, fittings, bubblers, and anchor stakes, and all other items as required to complete the work in place. Item No. 6 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 new trees. Item No. 7 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 'Rotundiloba' (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 -1.6 Root Barriers. Root barriers shall be Century Products CP Series or approved equal. Root barriers shall be installed linearly, 10 -ft long, 24 -inch deep behind the back of curb. Refer to Section 308 -4.3 and construction drawings for locations of root barriers. Also refer to Appendex B for product specifications. 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. 0 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials SP9OF22 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 /GSVIFrachised 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. Removal of existing vegetation will be required per the following: TREE NUMBER DESCRIPTION 1 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from end of nosing planting Remove: 5- Existing Strelitzia Root Barrier: Yes 2 Tree Size: 24" Box Location: Between #445 Rhaphiolepis from end of nosing planting Remove: 5- Existing Strelitzia Root Barrier: No 3 Tree Size: 36" Box Location: Between #142 from north maintenance strip Remove: No Root Barrier: No 4 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: Yes SP 10 OF 22 5 Tree Size: 36" Box Location: Between #243 Rhaphiolepis from south maintenance strip Remove: 2- small Escallonia Root Barrier: Yes 6 Tree Size: 24" Box Location: Between #546 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: Yes 7 Tree Size: 36" Box Location: Plant in place of Rhaphiolepis #1, in Xylosma hedge Remove: Rhaphiolepis #1 from south maintenance strip, in hedge Root Barrier: No 8 Tree Size: 24" Box Location: Between #445 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: No 9 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: No Root Barrier: No 10 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: No 11 Tree Size: 36" Box Location: Between #445 Rhaphiolepis from south maintenance strip Remove: 2- Strelitzia Root Barrier: No. 12 Size: 24" Box Location: Between #647 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: No 13 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: 3- Strelitzia Root Barrier: No 14 Tree Size: 24" Box Location: Between #445 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: No SP 11 OF 22 15 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: Adjust existing center row spray head as necessary Root Barrier: No 16 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: Miscellaneous Escallonia Root Barrier: Yes 17 Tree Size: 36" Box Location: Between #344 Rhaphiolepis from south maintenance strip Remove: Miscellanious Escallonia Root Barrier: Yes 18 Tree Size: 24" Box Location: Replace #1 Rhaphiolepis from north maintenance strip Remove: #1 Rhaphiolepis from north maintenance strip within hedge Root Barrier: Yes 19 Tree Size: 36" Box Location: Replace #2 Rhaphioleopis from south maintenance strip Remove: #2 Raphiolepis from south maintenance strip Root Barrier: Yes 20 Tree Size: 24" Box Location: Between #445 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: Yes 21 Tree Size: 36" Box Location: Plant south of Rhapiolepis #1 from north maintenance strip Remove: Escallonia roots Root Barrier: Yes 22 Tree Size: 24° Box Location: Between #344 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: Yes 23 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: 3- Strelitzia, adjust existing drain Root Barrier: Yes 24 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: 3- Strelitzia Root Barrier: Yes SP 12 OF 22 25 Tree Size: 36" Box Location: Between #344 Rhaphiolepis from south maintenance strip Remove: 3- Strelitzia Root Barrier: Yes 26 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from north drive -in Remove: 3- Escallonia Root Barrier: Yes 27 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from south drive -in Remove: No Root Barrier: Yes 28 Tree Size: 24" Box Location: Between #445 Rhaphiolepis from south drive -in Remove: No Root Barrier: Yes 29 Tree Size: 36" Box Location: Replace small Rhaphiolepis #3 from south maintenance strip Remove: Small Rhaphiolepis #3 from south maintenance strip Root Barrier: Yes 30 Tree Size: 24" Box Location: Between #445 Rhaphiolepis from north maintenance strip Remove: 5- Strelitzia Root Barrier: Yes 31 Tree Size: 36" Box Location: Between #1 Rhaphiolepis and north maintenance strip Remove: 3- Strelitzia Root Barrier: Yes 32 Tree Size: 24" Box Location: Between #344 Rhaphiolepis from south maintenance strip Remove: 6- Strelitzia Root Barrier: Yes 33 Tree Size: 36" Box Location: Between #748 Rhaphiolepis from south maintenance strip Remove: Misc. Escallonia Root Barrier: Yes 34 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from north drive -in Remove: 3- Escallonia Root Barrier: Yes • SP 13 OF 22 35 Tree Size: 36" Box Location: Replace #2 Rhaphiolepis from south drive -in Remove: #2 Rhaphiolepis from south drive -in within hedge Root Barrier: Yes 36 Tree Size: 24" Box Location: Between #445 Rhaphiolepis from south drive -in Remove: No Root Barrier: Yes 37 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: No Root Barrier: Yes 38 Tree Size: 24" Box Location: Between #243 Rhaphiolepis from south maintenance strip Remove: 2- Escallonia Root Barrier: Yes 39 Tree Size: 36" Box Location: Between #546 Rhaphiolepis from south maintenance strip Remove: 3- Strelitzia Root Barrier: Yes 40 Tree Size: 24" Box Location: Between #1 Rhaphiolepis and north maintenance strip Remove: 3- Strelitzia Root Barrier: Yes 41 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: 4- Strelitzia Root Barrier: Yes 42 Tree Size: 24" Box Location: Between #344 Rhaphiolepis from north drive -in Remove: No Root Barrier: Yes 43 Tree Size: 36" Box Location: Between #1 Rhaphiolepis and north drive -in Remove: No, adjust existing drain as necessary Root Barrier: Yes 44 Tree Size: 24" Box Location: Replace #2 Rhaphiolepis from south drive -in Remove: #2 Rhaphiolepis from south drive -in within hedge Root Barrier: Yes 49 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: 6- Strelitzia Root Barrier: Yes 50 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: 6- Strelitzia Root Barrier: Yes 51 Tree Size: 36" Box Location: Between #344 Rhaphiolepis from north drive -in Remove: 2- Escallonia Root Barrier: Yes 52 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from north drive -in Remove: SP 14 OF 22 45 Tree Size: 36" Box 36" Box Location: Between #445 Rhaphiolepis from south drive -in Remove: Remove: No Yes Root Barrier: Yes 46 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: No. Protect existing valves in place Root Barrier: Yes 47 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: Yes 48 Tree Size: 24" Box Location: Between #445 Rhaphiolepis from south maintenance strip Remove: 8- Strelitzia Root Barrier: Yes 49 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: 6- Strelitzia Root Barrier: Yes 50 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: 6- Strelitzia Root Barrier: Yes 51 Tree Size: 36" Box Location: Between #344 Rhaphiolepis from north drive -in Remove: 2- Escallonia Root Barrier: Yes 52 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from north drive -in Remove: 1- Escallonia Root Barrier: Yes 53 Tree Size: 36" Box Location: Replace #2 Rhaphiolepis from south drive -in Remove: #2 Rhaphiolepis from south drive -in Root Barrier: Yes 54 Tree Size: 24" Box Location: Between #445 Rhaphiolepis from south drive -in Remove: 1- Escallonia Root Barrier: Yes SP 15 OF 22 55 Tree Size: 36" Box Location: Between #1 Rhaphiolepis and south maintenance strip Remove: 1- Escallonia Root Barrier: Yes 56 Tree Size: 24" Box Location: Where #2 Rhaphiolepis was from south maintenance strip Remove: No Root Barrier: Yes 57 Tree Size: 36" Box Location: Between #344 Rhaphiolepis from south maintenance strip Remove: 6- Strelitzia Root Barrier: Yes 58 Tree Size: 24" Box Location: Between #142 Rhaphiolepis. from north maintenance strip Remove: 6- Strelitzia Root Barrier: Yes 59 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: 6- Strelitzia Root Barrier: Yes 60 Tree Size: 24" Box Location: Between #344 Rhaphiolepis from north drive -in Remove: 2- Escallonia Root Barrier: Yes 61 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from north drive -in Remove: 1- Escallonia Root Barrier: Yes 62 Tree Size: 36" Box Location: Replace #1 Rhaphiolepis from south drive -in Remove: #1 Rhaphiolepis from south drive -in Root Barrier: Yes 63 Tree Size: 24" Box Location: Between #243 Rhaphiolepis from north maintenance strip Remove: 4- Escallonia Root Barrier: Yes 64 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: 4- Escallonia Root Barrier: Yes • • SP 16 OF 22 65 Tree Size: 24" Box Between #243 Rhaphiolepis from south maintenance strip Location: Between #344 Rhaphiolepis from north maintenance strip Root Barrier: Remove: 8- Strelitzia 36" Box Root Barrier: Yes 66 Tree Size: 36" Box Yes Location: Between #1 Rhaphiolepis and north maintenance strip Remove: 5- Strelitzia Root Barrier: Yes 67 Tree Size: 24" Box Location: Between #344 Rhaphiolepis from south maintenance strip Remove: 8- Strelitzia Root Barrier: Yes 68 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from north drive -in Remove: 3- Escallonia Root Barrier: Yes 69 Tree Size: 36" Box Location: Replace #2 Rhaphiolepis from south drive -in Remove: #2 Rhaphiolepis from south maintenance strip in hedge Root Barrier: Yes 70 Tree Size: 24° Box Location: Between #445 Rhaphiolepis from south drive -in Remove: 4- Escallonia Root Barrier: Yes 71 Tree Size: 36" Box Location: Between #1 Rhaphiolepis and north drive -in Remove: 3- Escallonia Root Barrier: Yes 72 Tree Size: 24" Box Location: Between #243 Rhaphiolepis from south maintenance strip Remove: 1- Escallonia Root Barrier: Yes 73 Tree Size: 36" Box Location: Between #445 Rhaphiolepis from south maintenance strip Remove: 7- Strelitzia Root Barrier: Yes 74 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: 6- Strelitzia Root Barrier: Yes • 0 SP 17 OF 22 75 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: 4- Strelitzia Root Barrier: Yes 76 Tree Size: 24" Box Location: Between #344 Rhaphiolepis from south maintenance strip Remove: 7- Strelitzia Root Barrier: Yes 77 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from north drive -in Remove: 4- Escallonia Root Barrier: Yes 78 Tree Size: 24" Box Location: Replace #2 Rhaphiolepis from south drive -in Remove: #2 Rhaphiolepis from south drive -in within hedge Root Barrier: Yes 79 Tree Size: 36" Box Location: Between #445 Rhaphiolepis from south drive -in Remove: 4- Escallonia Root Barrier: Yes 80 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: 6- Escallonia Root Barrier: Yes 81 Tree Size: 36" Box Location: Replace #1 Rhaphiolepis from south maintenance strip Remove: #1 Rhaphiolepis from south maintenance strip in hedge Protect in place round yard box Root Barrier: Yes 82 Tree Size: 24" Box Location: Between #344 Rhaphiolepis from south maintenance strip Remove: 6- Escallonia Root Barrier: yes 83 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: 10 -Strel itzia Root Barrier: Yes 84 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from north drive -in Remove: 6- Escallonia Root Barrier: Yes • 0 SP 18 OF 22 85 Tree Size: 36" Box Location: Replace #2 Rhaphiolepis from south drive -in Remove: #2 Rhaphiolepis from south drive -in within hedge Root Barrier: Yes 86 Tree Size: 24" Box Location: Between #445 Rhaphiolepis from south drive -in Remove: 6- Escallonia Root Barrier: Yes 87 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: 6- Escallonia Root Barrier: Yes 88 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: 6- Escallonia Root Barrier: Yes 89 Tree Size: 36" Box Location: Between #445 Rhaphiolepis from south maintenance strip Remove: 4- Strelitzia Root Barrier: Yes 90 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: 5- Strelitzia Root Barrier: Yes 91 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: 5- Strelitzia Root Barrier: Yes 92 Tree Size: 24" Box Location: Between #344 Rhaphiolepis from south maintenance strip Remove: 3- Escallonia Root Barrier: Yes 93 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from north drive -in Remove: 6- Escallonia Root Barrier: yes 94 Tree Size: 24" Box Location: Replace #2 Rhaphiolepis from south drive -in Remove: #2 Rhaphiolepis from south drive -in Root Barrier: Yes 0 0 SP 19 OF 22 95 Tree Size: 36" Box Location: Between #445 Rhaphiolepis from south drive -in Remove: 4- Escallonia, Protect in place irrigation boxes Root Barrier: Yes 96 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: 2- Escallonia Root Barrier: Yes 97 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: 2- Escallonia Root Barrier: Yes 98 Tree Size: 24" Box Location: Between #445 Rhaphiolepis from south maintenance strip Remove: 5- Strelitzia Root Barrier: Yes 99 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: 6- Strelitzia Root Barrier: Yes 100 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: 3- Strelitzia Root Barrier: Yes 101 Tree Size: 36" Box Location: Between #344 Rhaphiolepis from south maintenance strip Remove: 6 Strelitzia Root Barrier: Yes 102 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: No Root Barrier: Yes 103 Tree Size: 36" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: 6- Escallonia Root Barrier: Yes 104 Tree Size: 24" Box Location: Between #344 Rhaphiolepis from south maintenance strip Remove: 2- Escallonia Root Barrier: Yes SP 20 OF 22 105 Tree Size: 36" Box Location: Replace #1 Rhaphiolepis from north maintenance strip Remove: #1 Rhaphiolepis from north maintenance strip in hedge Root Barrier: Yes 106 Tree Size: 24" Box Location: Replace #2 Rhaphiolepis from south maintenance strip Remove: #2 Rhaphiolepis from south drive -in Root Barrier: No 107 Tree Size: 36" Box Location: Between #445 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: No 108 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from north maintenance strip Remove: No Root Barrier: No 109 Tree Size: 36" Box Location: Between #344 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: No 110 Tree Size: 24" Box Location: Between #546 Rhaphiolepis from south maintenance strip Remove: 4- Strelitzia Root Barrier: No 111 Tree Size: 36° Box Location: Between #1 Rhaphiolepis and north maintenance strip Remove: 6- Strelitzia Root Barrier: No 112 Tree Size: 24" Box Location: Between #243 Rhaphiolepis from south maintenance strip Remove: 4- Strelitzia Root Barrier: No 113 Tree Size: 36" Box Location: Between #445 Rhaphiolepis from south maintenance strip Remove: 6- Escallonia Root Barrier: No 114 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: Yes 0 . SP 21 OF 22 115 Tree Size: 36° Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: Yes 116 Tree Size: 24" Box Location: Between #344 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: Yes 117 Tree Size: 36" Box Location: Replace #1 Rhaphiolepis from north maintenance strip Remove: #1 Rhaphiolepis from north maintenance strip in hedge Root Barrier: Yes 118 Tree Size: 24" Box Location: Between #142 Rhaphiolepis from south maintenance strip Remove: No Root Barrier: No 119 Tree Size: 36" Box Location: Between #344 Rhaphiolepis from south maintenance strip Remove: 5- Strelitzia Root Barrier: No 120 Tree Size: 24" Box Location: Between #546 Rhaphiolepis from south maintenance strip Remove: 6- Strelitzia Root Barrier: 121 Tree Size: 36" Box Location: Middle of nosing planting area Remove: No, Protect adjust drain as necessary Root Barrier: Yes 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. 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. 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 SP 22 OF 22 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. 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: MacArthur Boulevard Median Trees (C -4054) LOCATION: City of Newport Beach, MacArthur Boulevard between San Joaquin Hills Road and Ford Road Contractor Signature: Name of Contractor: Date of Acceptance: F :1Users%PBWlSharedlContracts%FY 08 -091MacArthur Median Trees C 405413PEC3 G4054.doc Last saved by Srooks09 110 12008 2:13 PM 0 APPENDIX A P STANDARD IRRIGATION MATERIALS LIST �aEWPO`�r • I 0 o a i Gc +FOaT"� Parks Division Standard Irrigation Materials List Heads 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) 644 -3082 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 irrigation 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) Matco 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 -1/2" and smaller) Rectangle Valve Box - Plastic -18 °L x 12V x 12 "D Round Valve Box- Plastio-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 0 • " 0 0 TREE PLANTING DETAIL TI Ti KI 51 G CI UI C( 12 Pi F1 5( 51 E) 2 x ROOT13ALL ALL OTHER5 (MIN.) LE 1. Tree spacing 35' minimum to 50' maximum 2. Plant 25' minimum from the 13CP on the approach to an intersection and 10' from the ECK on the exit aide 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 hydrants 6. Plant 10' from house walks and utility meters 7. 5'x6 tree well standard unless otherwise specified 5. Center tree between the sidewalk and curb 9. Where there is no parkway, plant tree in the center of the public right -of -way - 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 1/2 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. PO W City of 1 1 i ' 0 36 Inch Box T)ree Planting Detail 1-1 F0 VL J 36" BOX SPECIMEN ROOT COLLAK \ FINISH GRADE \ PACKED BACKFILL\ NATIVE SOIL \ CURB & GUTTER EXCAVATE A'601L FLARE' ADJACENT TO AND LOWER THAN THE ELEVATION OF THE CONTAINER BOTTOM PLANTING PIT 2x CONTAINER WIDTH, MIN. THIN CANOPY TO REDUCE WIND KE515TANCE, A5 NEEDED REMOVE NURSERY STAKE, IF ANY, ORIENT THE TREE WITH SEC TION OF TRUNK SHADED BY NURSERY 5TAKE TO THE NORTH PROVIDE TREE TRUNK GUARD (ARBORGARD OR EQUIV.) DIMEN5ION5 OF ORIGINAL W BOX IMMEDIATELY PRIOR TO BACKFILL REMOVE TREE FROM CONTAINER AND CAREFULLY PLACE IT INTO PLANTING PIT. PRUNE KINKED ROOT5. DO NOT BREAK OR OTHERWISE DI5TUR5 ROOTBALL. 40" IN51DE DIA. BERM. MIN. CA FABLE OF HOLDING 20 GAL. WATER, MIN. MOUND NATIVE 5011-1) BENEATH TREE, A55UFE THAT THE CONTAINER 15 PLACED 50 SOIL LEVEL 15 EQUAL TO OR SLIGHTLY HIGHER AND ROOT COLLAR 15 ABOVE FINISH GRADE 1. Tree spacing 35' minimum to 50' maximum 2. Plant 50' minimum from the BCR on the approach to an intersection and 15' from the ECR on the exit side 3. Plant 10' minimum from edge of drive approach 4. Provide 10' 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 `J TREE f LANTING 5FECIFICATION 1. Trees must be of duality nursery Stock, free from pests, di5ea5e and Structural defects. 2. Dig planting pit twice as wide a5 root ball, or aro wide as practical per planting lo- cation. 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 (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. Dackfill 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 insure 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 orient the tree with section of trunk Shaded by nursery stake to the north. 9. Fill the water basin and let Seep two times. CCAMI'Ve M , OA►E WE TLCT10N LINEAR APPLICATION SOT BARRIER PAP*LS Flexible Top Safety Edge � Self interlocking connection 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. SURROUND APPLICATIOr Linear Application: For root pruning of existing trees or in planting situations where one -or- or more trees are in close proximity to hardscapes. ..«.o 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. • Self interlocking panel to panel connection (no glue or connector strip required). • Adjustable anti -lift polyethylene panels which can be separated into 1 foot sections. 900 Root - Dfflecting Ribs Surround Application SPECIFICATIONS: CP Series: CP12.2, CP18 -2. CP24 -2, CP36 -2 and CP48.2. 90 degree, root detlecling nibs with sell Interlocking connection. Material: Recycled polyethylene plastic with uriraviolet inhbftm. Thloknsss:.085 MATERIAL Pokethylene/Propolene Copolymer THICKNESS ASS IV= PROPERTIES, ASTM TEST METN00 VALUE POLYEntYLENE COPOLYMER Tensile Stress 0 Yield 0635 100TO 4300 PSI Elan ae n 0 teak M38 4 6 Tensie Wus of Elasticity 0838 150000 P I Flexural Sti cress C ilever aeam 0747 125 000 PSI Tensile Im t D7822 50FL bs/M2 Envlrenmemai Stress Crack Resislanca D16 1 Hr. Hardness shore D D2240 SS U.S. Standard For Technical or Field Support, please call: (714) 632 -7084 Linear Application 3W Gr"d Curb Sidewalk Grade CENTURY PRODUCTS - Certified Arborist 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 M U Century Products 91 CP- SERIES 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. I. SPECIFICATIONS A. The root barrier shall be CPSerles, 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- intedocking joining system provides for instant assembly by sliding one panel Into another. It. 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 1/2 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 'I 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 ? Call Century Products Ce at (714) 632 -7083 for assistance. . iv,Ee „vA- Figure 1 (31 Self Interlocking Connection U.S. Corporate OIOCe - CWdury Products: USA 1401 NoM Kraemer Blvd., rB , Anahebn, CA 92808 • Phonw (714) 832 -70&9 • (800) 4604 M • Fax: (714) 692-3470 Austriallan OMM - CA.Cs Arratrails 185 Mamble Road, AUembla Nafphls, N.W.S. 2100 • Phone: 02-452 -32M • Fax: 024 WIM Canadian kNlke -Northland Chipper Sales Ltd. #104.20551 Langley Bypass, Langley, B.C. V3A M • Phone: 604d32.9M - $W41W2447 • Falk: 6046324MI 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT NOV 12 2008 A:PPKIJ Agenda Item No. 9 November 12, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran, Project Manager 949 - 6443315 or atran @city.newport- beach.ca.us SUBJECT: MACARTHUR BOULEVARD MEDIAN TREES - AWARD OF CONTRACT NO. 4054 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 4054 to Jeff Tracy, Inc. dba Land Forms Landscape Construction for the Total Bid Price of $57,674, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $10,000 (17 %) to cover the cost of unforeseen work. Discussion: At 10:00 a.m. on October 14, 2008, the City Clerk opened and read the following bids for this project: BIDDER Low Jeff Tracy dba Land Forms Landscape Construction 2 Marina Landscape, Inc. 3 Diversified Landscape Management, Inc. 4 Belaire -West Landscape, Inc. 5 West Coast Arborists, Inc. 6 International Pavement Solutions, Inc. 7 America West Landscape, Inc. 8 American Landscape, Inc. 9 CLS Landscape Management, Inc. 10 Nakae & Associates, Inc. TOTAL BID AMOUNT $57,674.00 $68,800.00 $74,108.18 $76,580.00 $87,920.00 $99,310.00 $99,758.90 $105,401.63 $109,108.78 $115,870.00 The low total bid amount is 29 percent below the Engineer's Estimate of $80,900.00. The difference between the low total bid amount and the Engineer's Estimate is attributed to the favorable bidding climate. The low bidder, Jeff Tracy, Inc. dba Land Forms Landscape Construction, possesses a California State Contractors License Classification C27 as • 0 MacArthur Boulevard Median Trees —Award of Contract No. 4054 November 12, 2008 Page: 2 required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. Due to the low unit bid prices by Land Forms Landscape Construction, staff recommends establishing a contingency amount of $10,000, which is approximately 17 percent of the contract amount. The additional funds may also be used to repair damages to the existing irrigation system. This contract involves the planting of 58 (10 -feet tall) and 63 (14 -feet tall) Liquidambar styraciflua 'Rotundiloba' (Sweetgum) trees. These trees will be planted within the existing raised medians on MacArthur Boulevard between San Joaquin Hills Road and Ford Road. The contract also involves the removal of conflicting vegetation and the modification of the existing irrigation system. 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 15304 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers minor alterations to vegetation that do not involve removal of healthy, mature, scenic trees. 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- C2002026 $ 67,674.00 Total: $ 67,674.00 Proposed uses are as follows: Vendor Purpose Amount Land Forms Landscape Construction Construction Contract $ 57,674.00 Land Forms Landscape Construction Construction Contingency $ 10,000.00 Total: $ 67,674.00 9 Prepared by: Andy Traff Senior Civil Engineer Attachments: Project Location Map MacArthur Boulevard M *Trees — Award of Contract No. 4054 November 12, 2008 Page: 3 Submitted by: :n G. Badum Works Director Q<Z 0 1 N CN T\\\ PROJEC LOCATION IF- 131( 0 MACARTHUR BOULEVARD MEDIAN TREES I LLJ 0 00 BONITA �3� IFE I O o 12 D, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TE 10/21/08 SCALE N.T.S SHT 1 OF I AWN SH C-4054