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Home My WebLink AboutC-4338 - West Newport Park Landscaping Improvements Projectz, �', OFFICE OF THE CITY CLERK Leilani I. Brown, MMC March 6, 2012 Mr. Jeffrey D. Hook Salamirad Morrow P.C. 19200 Von Karman Avenue, Suite 400 Irvine, CA 92612 Subject: Avocado Avenue and Westcliff Drive Median Improvements - Contract No. 3967 and West Newport Landscaping Project - Contract No. 4338. Dear Mr. Hook: On October 27, 2009, the City of Newport Beach entered into contract with Tal Cal Engineering, Inc. to provide median improvement on Avocado Avenue and Westcliff Drive and entered into contract with Tal Cal Engineering, Inc. on February 9, 2010 for the West Newport Landscaping Project. All bonds for the above referenced projects were released and no funds are currently retained. Sincerely, Leilani I. Brown, MMC City Clerk 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us Harris, Lillian From: Rodriguez, Clarivel Sent: Tuesday, February 14, 2012 1:51 PM To: Harris, Lillian Subject: Tal Cal Lillian, This is the only Stop notice we have on file. We don't have any other encumbrances outstanding. Sorry. File Edit View Page Tools Q I ) Zoom: 100 °/o 16 ray 17 is as Window Help ,r 9 !� 114 Sv Page: 19 of 19 d D Q � j? A JOHN DEERE LANDSCAPES RELEASE OF To: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 RE: TALCAL ENGINEERING INC TAL COHEN 22641`VALERIO ST • - -- WEST HILLS CA 91307 -1649 You are hereby notified that the undersigned claimant rel in the amount of $25,057.39 against as owner or public entity and against T kA� -ENGIN as prime ccrrtractor in connection with the work of Impror "WEST NEWPORT PARK" SEASHORE & HIGHLAND NEWPORT BEACH CA JOB #3004 CO 4338 Date: February 14, 2011 Name of Claimant: JOHN BY Cf V E R I F I C I, the undersigned, state: I am the CREDIT ANAL Release: I have read said release of Stop Notice and kn the same is true of my ovm knowledge. I declare under penalty of perjury under the laws of the Sl is true and correct. Executed on Fahruam I& 2n11 . at Thanks, Clarivel 11 CITY OF NEWPORT BEACH ORANGE COUNTY AIRPORT BRANCH 9'023 16.1606 3300 NEWPORT BLVD, CITY NATIONAL BANK —1 2=0 NEWPORT BEACH, CALIFORNIA 92658 18111 VonKarman Ave 325.89 Accounts Payable 1949) 644-3117 Irvine, Californla CHECK DATE CHECK NO, 6 (949) 2234000 PAY TIiE SUM OF *-***19600* DOLLARS AND *71* CENTS TO THE TAL CAL ENGINEERING INC ORDER 7334 TOPANGA CANYON BLVD OF SUITE #201B CANOGA PARK CA 91303 112001`20S22110 1:1220160661: 0231rr69663511° CITY OF NEWPORT BEACH VENDOR NO. 9528 03/18/11 720522 AMOUNT 1$ * ... 19,600.71-] CHECK NO. 720522 9528 TAL CAL ENGINEERING INC ZNVOICENUKBER r AMOUNT = M; 7013 C2002014 E2002047 6 325.89 7013 C2002015 E2002047 6 19,274.82 9528 TAL CAL ENGINEERING INC CITY OF NEWPORT BEACH eEWPCRT PROGRESS PAYMENT o� PROJECT TITLE: Avocado Avenue and Westcliff Drive Median Improvements U s '°' CONTRACT NO.: C -3967 c '1�rPOaa� r CONTRACTOR: Tal Cal Engineering, Inc. VENDOR ID: 9528 ESTIMATED % CO: 4.5% PAYMENT NO.: PP-6 ORIG. CONTRACT AMT.: $197,565.00 TOTAL % EXPEND. TO DATE: 107.3% DATE: 3!7!11 THIS PERIOD TOTAL TO DATE DESCRIPTION BIDPRICE AMT EARNED AMT EARNED 48 -ESTAMTIUNITI Install 1 -Gal Cotyledon spp. (Long Fingers) 1701 EA 1 $5.00 0 $0.00 200 $1,000.00 49 Install 1 -Gal Bulbine Frutescens (Tiny Tangerine) 180 EA $5.00 0 $0.00 180 $900.00 50 Install 1Gal Hesperaloe parvitlors (Red Hesperalce) 62 EA $5.00 0 $0.00 62 $310.00 51 Install 1 -Gal Muhlenbergia capillaris'Regal Mist' (Regal Mist Muhly) 222 FA $5.00 0 $0.00 222 $1,110.00 52 Install 1-Gal Carissa grandillora 'Green Carpet' (Green Carpel Natal Plum) 35 EA $5.00 0 $0.00 35 $175.00 53 Install 6 -inch Pots Echeveria Glauca'Imbricata' Hybrid (Blue Hen and Chicks) 24 EA $5.00 0 $0.00 24 $120.00 54 Install 1 -Gal Tulbaghia violacea'Tricolor' (Variegated Society Garlic) 7 EA 1 $5.00 0 $0.00 7 $35.00 55 As -Built Drawings 1 LS $3,000.00 0% S0.00 - .100% $3,000.00 56 50 -Day Landscape Establishment/30-Day Landscape Maintenance 1 LS $1,000.00 100% $1,000.00. 100% $1.000.00 SUBTOTAL: $1,000.00 $203,005.00 APPROVED CONTRACT CHANGE ORDERS: 1 lWestcliff - R &R 2 -Inch Sleeve 1 LS $2,762.091 0% $0.00 , 100% $2,762.09 2 Westcliff - Install 3" Edison conduit 1 LS $6,900.00 0% $0.001 $6,900.00 3 Avocado - additional mulch to cover slope fiber cover 1 LS $2.000.00 0% $0.00 100% $2,000.00 4 Deduction for landscape establishment and maintenance 11 LS 1 -$2.766.001 100%1 42,766,00 100_% - $2,766.00 SUBTOTAL: $2,766.00 $8,896.09 Work performed by Merchants Landscape Services under direction of General Service Department (check #717767 dated 12114110) ENCUMBRANCE NO.: E2002047 ACCOUNT NO.: 7013- C2002015 $19,274.82 7013- C2002014 $325.89 TOTAL: $19,600.71 SEND PAYMENT TO: •. ._, -,,.. EARNED: ($1,766.00) $211,901.09 ';!'= ;',' ", "° r_ .,, RETENTION: $0.00 CAL ENGINEERING, INCA —. _. _` PREVIOUS PAYMENTS $192,300.38 226 22641 Valefl0 Street AMOUNT DUE $19.600.71 West Hills, CA 91307 (866) 505 -7147 R OR & MANAGER DATE .,. .. UP (signature not required for retention) ZR CONTRACTOR DATE CITY ENGIN BLIC WORKS DIRECTOR DATE F:Wa.nPSWSOOreaICOnOx+3bY D&IMVOO oand WOSWiM M. zm C3N0 ROGRESS PAYMEWSb CHANGE 0R0ERS (PM,031PPe ROVeion Dal.: I Z' 2 oft CITY OF NEWPORT BEACH NEWPORT PROGRESS PAYMENT o 0 PROJECT TITLE: Avocado Avenue and Westcliff Drive Median Improvements CONTRACT NO.: C -3967 Cgr�F�RN`P CONTRACTOR: Tal Cal Engineering, Inc. VENDOR ID: 9528 ESTIMATED %CO: 4.5% PAYMENT NO.: PP -6 ORIG. CONTRACT AMT.: $197,565.00 TOTAL % EXPEND. TO DATE: 107.3 % DATE: 3!7/11 THIS PERIOD TOTAL TO DATE DESCRIPTION EST AMT UNIT BID PRICE AMT EARNED AMT EARNED 1 Mobilization 1 LS $24,000.00 0% $0.00 100% $24,000.00 2 Traffic Control 1 LS $600.00 0% $0.00 100% $600.00 3 Avocado - Remove & Dispose Existing Plant Material 1 LS $2,000.00 0% $0.00. 100% $2,000.00 4 Westcliff - Remove & Dispose Existing Plant Material 1 LS $2,000.00 0% $0.00 100% $2,000.00 5 Westcliff - Remove & Dispose Existing Irrigation System 1 LS $100.00 0% $0.00 100% $100.00 6 Westcliff - Remove Existing Meter Cabinet 1 EA $100.00 0 $0.00 1 ' 0 $0.00 7 Westcliff - Install Myers Single -Meter Cabinet 1 EA $3,000.00 0% $0.00 100% $3,000.00 8 Avocado - Remove & Construct PCC Type "A" Curb & Gutter 1001 LF 1 $45.00 0 $0.00 0 $0.00 9 Westcliff - Remove & Construct PCC Type "A" Curb & Gutter 450 LF $45.00 0 $0.00 460 $20,700.00 10 Westcliff - Remove & Construct PCC Type "B" Curb 150 LF $40.00 0 $0.00 381.5 $15.260.00 11 Westcliff - Power Wash Curb and Gutter 1 LS $1,000.00 0% $0.00 0 $0.00 12 Westcliff - Remove & Dispose Existing Maintenance Walk and Concrete 3,600 SF $1.00 0 $0.00 3,600 $3,600.00 13 Westcliff - Remove & Dispose Existing Pavement, Base, and Soil to Depth of 30 inches 55 CY $100.00 0 $0.00 - 60 $6,000.00 14 Westcliff - Furnish and Install Fill Soil 55 CY $25.00 0 $0.00 55 $1,375.00 15 Westcliff - Construct Maintenance Walk 4,300 SF 1 $8.00 0 $0.00 4,410 $35,280.00 16 Westcliff - Remove 3/4" Water Meter & Install V Water Meter 1 EA $1,000.00 0% $0.00 '1000/ $1,000.00 17 Westcliff - Install 1.114" BaWow Prevention Assembly 1 EA $850.00 0% $0.00 100% $850.00 18 Westcliff - jack & bore 4" Sch 40 PVC sleeve to Accommodate, Irrigation wiring or mainline 900 LF $10.00 0 $0.00 • - 900 $9,000.00 19 Avocado - Remove & Install Remove Control Valve on New Main 8 EA $200.00 0 $0.00 8 $1,600.00 20 Avocado/Westcliff - Install Flow Sensor Cable 980 LF $1.00 0 $0.00 980 $980.00 21 Avocado / Westcliff - Install Irrigation Controller w /Pedestal 2 EA $7,000.00 0.0 $0.00 2.0 $14,000.00 22 Westcliff - Install 1 -114" Master Valve 1 EA. $300.00 0 $0.00 1 $300.00 23 Avocado - Install I" Master Valve 1 EA $300.00 0 $0.00 1 $300.00 24 Avocado/Westcliff - Install 1" Flow Sensor 2 EA $500.00 0 $0.00 ..2 $1,000.00 25 AvocadolWestcliff - Install 2" PVC CL 315 Irrigation Mainline 3,000 LF $10.00 0 $0.00 3',000. $30,000.00 26 AvocadoM/eslcliff - Install l0" Round Irrigation Pull Box 2 EA $100.00 0 $0.00 - 2 $200.00 27 AvocadofWeslcliff - Install 314" Quick Coupling Valve 25 EA $100.00 0 $0.00 25 $2,500.00 28 AvocadofWeslcliff - Install 2" Pressure Reducing Valve 2 FA $500.00 0 $0.00 2 $1,000.00 29 Westcliff - Install 3/4" Remote Control Valve 3 FA $200.00 0 $0.00 3 $600.00 30 Avocado/Westclitl - Install 1" Remote Control Valve 11 FA $200.00 0 $0.00 11 $2,200.00 31 lWastcliff - Install 1 -1/2" Remote Control Valve 2 FA $200.00 0 $0.00 1 $200.00 32 AvocadofWestcliff - Install Ball Valve 10 EA $200.00 D $0.00 10 $2,000.00 33 Avocado - Install Irrigation Heads and Lateral Lines 1 LS $4,000.00 D% $0.00 100% $4.000.00 34 Westcliff - Install Irrigation Heads and Lateral Lines 1 LS $2,070.00 0% $0.00 100% $2,070.00 35 Avocado - Install Finish Grade 1 LS $200.00 0% $0.00 100% $200.00 36 Westcliff - Install Finish Grade 1 LS $200.00 0% $0.00 100% $200.00 37 Avocado - Weed Abatement Program 1 LS $200.00 0% $0.00 100% $200.00 38 Westcliff -Weed Abatement Program 1 LS $200.00 0% $0.00 100% $200.00 39 Avocado - Install 2" Thick Mulch 1 LS $1.000.00 0% $0.00 100% $1,000.00 40 lAvocado - Install Slope Fiber Cover 1 LS $1,000.00 0% $0.00 .1000/6 $1,000.00 41 Westcliff - Install 2" Thick Mulch 1 LS $1,000.00 0% $0.00 100% $1,000.00 42 Install 1 -Gat Rhaphiolepis indica'Clara" (Indian Hawthorne) 77 EA $5.00 0 $0.00 77 $385.00 43 Install 1 -Gal Salvia greggi'Red" (Autumn Sage) 119 EA $5.00 0 $0.00 - 1.19 $595.00 44 Install 1 -Gal Aloe'Rudikoppe' (Little Gem) 223 EA $5.00 0 $0.00 223 $1,115.00 45 Install 1 -Gal Lanlana'New Gold' (New Gold Lantana) 206 EA $5.00 0 $0.00 206 $1,030.00 46 Install 1 -Gal Hemerocatlis Hybrid'Hot Lips' (Daylily) 62 EA $5.00 0 $0.00 62 $310.00 47 Install 1 -Gal Aloe striate (Ghost Aloe) 811 EA 1 $5.00 0 $O.DO 81 $405.00 1 oft 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, range County LI Tom Daly, Clerk•Recorder�( ( r , f_ 1 I1111111111IN11111111111111111111119IIIIIIIVIIIIIIIIIII NO FI=E ` ' - � �' o 2010000497163 3:16 pr¢0�, t"u, 10� Ac � °24 ' 276 421 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 U.Q is �•, _ C:c C. "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Tal Cal Engineering, Inc., of West Hills, California, as Contractor, entered into a Contract on October 13, 2009. Said Contract set forth certain improvements, as follows: Avocado Avenue and Westcliff Drive Median Improvements (C -3967) Work on said Contract was completed, and was found to be acceptable on September 14, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Contractors Bonding and Insurance Company. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. I v Executed on ��Y wm �5 , ZOI� at Newport Beach, California. BY 1/O i r • City Clerk 4 `; SP 1 OF 57 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS CONTRACT NO. 3967 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5958 -S); (3) the City's 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 mobilization, traffic control, construction notification, removing and disposing of existing landscaping and irrigation material, removing and disposing of existing concrete and any other paving material to accommodate project, installing landscaping and irrigation system, constructing concrete paving, removing and installing of electrical meter and wiring, removing and constructing curb and gutter, landscape establishment and maintenance, and all other incidental items of work necessary to complete the work in place." SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 September 14, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FRONT: Public Works Department Iris Lee, Senior Civil Engineer 949 - 644 -3323 or ilee@newportbeachca.gov SUBJECT: AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3967 ISSUE: Staff is requesting approval to accept the Avocado Avenue and Westcliff Drive Median Improvements, Contract No. 3987, as complete. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION: Summary of Completed Construction Contract Construction Contract Final Cost at Benchmark Contract Time Time Award Amount Completion Target Actual +Change Under Orders (days) Over ) $197,565.00 $214,667.09 Contract Contract 66 (62) Plus10% +8.7% On October 27, 2010, City Council authorized the award of the Avocado Avenue and Westcliff Drive Median Improvements Project to Tal Cal Engineering, Inc. (Talcal). The contract included the replacement of existing vegetation with new water - friendly landscaping, irrigation system, and decorative concrete. a14(ov' - 0 �-'1 Sole - Oa) ck CC k C }hon fly takAS CaT-e W&i- t a 119 o I Y�v ;Sed final Cost Avocado Avenue and Westcliff Drive Median Improvements - Completion and Acceptance of Contract No. 3967 September 14, 2010 Page 2 A summary of the project schedule is as follows: Project Award for Construction: October 27, 2009 Date of Notice To Proceed (NTP): January 4, 2010 Contract Completion Date per NTP: March 30, 2010 Substantial Construction Completion Date: June 28, 2010 The project was not completed on time partially due to adverse weather conditions and delays beyond the control of the contractor associated with material procurement and other agency coordination. Additionally, midway through the project a critical member of the contractor's team resigned. With staff's encouragement, the contractor regrouped and was able to satisfactorily complete the project saving the City from having to go to the contractor's Faithful Performance Bond. Given the contractor's cooperative behavior, Staff did not think it appropriate to assess liquidated damages. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $197,565.00 Actual cost of bid items constructed: 204,005.00 Total change orders: 11,662.09 Final contract cost: $ 214,667.09 The final overall construction cost, including three change orders, was 8.7 percent above the original bid amount. The change orders are detailed below: Item No. Description Amount 1 Remove and replace 2 -inch sleeve $ 2,762.09 2 Install 3 -inch SCE conduit 6,900.00 3 Install additional mulch over coconut fiber slope cover 2,000.00 Total Project Change Orders_ $ 11,662.09 ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 Class 4 (b), of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. PUBLIC NOTICE: The Notice Inviting Bids was advertised In the City's official publication and in construction industry publications. Avocado Avenue and Weslcliff Orive Median Improvements - Completion and Acceptance of Contract No. 3967 September 14. 2010 Page 3 Prior to starting work, a City - prepared construction informational notice was distributed by the contractor to residents within the work vicinity. The notice was distributed 48 hours before the work commenced- PROJECT FUNDING: Total project costs including construction are summarized below: Construction $ 214,667.09 New SCE Electrical Service 3,219.66 Incidentals 352.73 Total Project Cost $ 218,239.48 Funds for the construction project were expended from the following accounts: Account Description General Fund General Fund Prepared by: Senior Civil Engineer Attachment: Location Map Account Number Amount 7013- C2002015 $192,748.20 7013- C2002014 21918.89 Total: $214,667.09 Submitted by: Avocado Avenue and Westcliff Drive Median Improvements Contract No. 3967 AVOCADO AVENUE N AVOCADO AVENUE LOCATION MAP NO. TO SC E /,yy `I` ll PROXCT PRW Cl .PROJECT DO SITE vr< sTe °z I ,g z a WESTCLI z FF L r 5 5I NR CT Z SRE a r Q 3 w WESTCLIFF DRIVE LOCATION MAP�� +,, NOT TO SCALE i CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. G October 27. 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 - 644 -3323 or ilee @NewportBeachCa.gov SUBJECT: AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS — AWARD OF CONTRACT NO, 3967 Recommendations: 1. Approve the project drawings and specifications. 2. Award Contract No. 3967 to Tal Cal Engineering, Inc. (Tal Cal) for the Total Bid Price of $197,565.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $20,000.00 to cover the cost of unforeseen work. Discussion: At 10:30 A.M. on October 6, 2009 the City Clerk opened and read the following six bids for this project: BIDDER Low Tal Cal 2 American West Landscaping 3 Belaire -West Landscaping 4 Land Forms 5 Sierra Landscaping 6 IPS, Inc. TOTAL BID AMOUNT $ 197,565.00 $ 221,246,42 $ 269,634.00 $ 236,750.00* $ 238,299.00 $ 264,547.00" "As-bid amount is $240,998.00 " As -bid amount is $262,547.00 The low total bid amount is 24 percent lower than the Engineer's Estimate of $260,739.00. The difference between the estimate and low bid price may reflect the current economic volatility. The low bidder, Tal Cal, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Tal Cal's references indicates satisfactory completion of similar projects for the City of Newport Beach and Riverside County Flood Control District. Avocado Avenue and Westdiff Drive Median Improvements — Award of Contract No. 3967 October 27, 2009 Page: 2 This project entails the median improvements along Avocado Avenue between E. Coast Highway and Waterfront Drive, and Westcliff Drive between Dover Drive and Irvine Avenue. The scope -of -work will include the replacement of existing vegetation with new water - friendly landscaping, irrigation system, and decorative concrete. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work, followed by a 90- consecutive calendar day plant establishment and maintenance period. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 of the CEQA Guidelines. This exemption covers the minor alteration of existing landscaping. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, City - prepared notices will be distributed by the Contractor to residents along Avocado Avenue and Westcliff Drive. Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description General Fund General Fund Proposed uses are as follows: Vendor Tal Cal Tal Cal TCLA, Inc. Various Prepared b /yam�� Iris Lee Senior Civil Engineer Account Number Amount 7013- C2002014 $ 197,565.00 7013- C2002015 $ 20,000.00 Total: $ 217,565.00 Purpose Construction Contract Construction Contingency Construction Services Construction Support, Printing and Incidentals Total: $ 225,565.00 Attachments: Project Location Map Amount $ 197,565.00 $ 20,000.00 $ 6,000.00 $ 2,000.00 Submitted by: Badum s Director Avocado Avenue and Westcliff Drive Median Improvements Contract No. 3967 Ul Q w w FFTT AVOCADO AVENUE LOCATION MAP NOT TO SCAtE ,y"7f Q O PRO.ECY PROD Cf PRO.ECT 1E O 9 91C � 9TE W � 6 - Z WFSTCLIFF i s �I f WE PR O� O ZI i YI �i � WESTCLIFF DRIVE LOCATION MAP �� NOT TO S Collier, David From: Warnke- Carpenter, Katherine Sent: Wednesday, March 30, 2011 8:41 AM To: Collier, David Subject: FW: City Manager's Memo for reprogramming of funds David, Jamie has said it's OK to close E2002047 with Tal -Cal. Would you mind letting me know when you've finalized it, so I can do a budget amendment? Thank you! Katherine From: Hook, Jamie Sent: Wednesday, March 30, 20118:27 AM To: Warnke- Carpenter, Katherine; Oyler, Shauna Subject: RE: City Manager's Memo for reprogramming of funds Thanks Katherine OK to close E2002047 with Tal -Cal Jamc r IoU 1- inancc anti ,aoministra'.;vc jVjara`er Gl: ) or NGWiiort bcac.k Phone: 949 - 644 -3335 ° Fax: 949- 644 -3318 Email: jhookGriewportbeachca.gov www, newpo r t beat h co.g ov Public Works Department — A Well- Ergineered friachine Protecting and providing quality public improvements and services From: Warnke- Carpenter, Katherine Sent: Wednesday, March 30, 20118:04 AM To; Oyler, Shauna; Hook, Jamie Cc: Giangrande, Susan Subject: FW: City Manager's Memo for reprogramming of funds I am working on this request. The account that you are requesting funds from 7013- C2002014 is already negative by $2,881, therefore I can't proceed further. Let me know how you want to handle this: whether you are able to unencumber funds in this account or whether you want to use another account? Thank you, Katherine Warnke- Carpenter Budget Analyst City of Newport Beach kwarnke@ newportbeachca.gov 949 -644 -3122 From: Giangrande, Susan Sent: Monday, March 28, 2011 12:48 PM To: Warn ke-Ca rpenter, Katherine Subject: FW: City Manager's Memo for reprogramming of funds Hi Katherine, Will you please prepare the CMBA and let Shauna know when it's been posted? if you have any questions, please let me know. Thanks, Susan From: Oyler, Shauna Sent: Monday, March 28, 2011 12:21 PM To: Giangrande, Susan Cc: Hook, Jamie Subject: City Manager's Memo for reprogramming of funds Please see the attached. Please let me know when the funds have been transferred. Thanks so much for your help. Shauna Lyn Oyler City of Newport Beach Public Works Specialist 949 - 644 - 3311 Capital Projects and Contracts Administration Encumbrance Number: j6 Project Title: Avocado Avenue and Westcliff Drive Median Project Manager: Iris Lee Improvements - Contract No. 3967 Date: 10/29/2009 Vendor Name: Tal Cal Engineering, Inc. Vendor Address: 22641 Varerio Street West Hills, CA 91607 Phone: 818-715-7189 Description Award of above construction contract of Services: Additional Approved by City Council October 27, 2009 Comments: Vendor Number: Business License: Federal ID fl: 9528 BT30027231 262515331 Project, Contingencies and Rete 'ons Fundl Division I Project Number & Title %' Amount Available Balance 7013 7013 C2002015 (Gene al Fund) C2002014 (Gene l Fund) i Contract: $197,565.00 Contingency: $20,000.00 $192,748.20 $192,748.20 $24,816.80 $76,347.80 Total: $217,565.00 Project Mana SiS Dept Authorization / Administrative Services Department Authorization: Date: Date: NOV 12 2009 � WOO "O`er` Updated 0112008 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. October 27, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 -644 -3323 or ilee @Newport6eachCa.gov SUBJECT: AVOCADO AVENUE AND WESTCLIFF DRIVE MEDIAN IMPROVEMENTS — AWARD OF CONTRACT NO. 3967 Recommendations: 1, Approve the project drawings and specifications. 2. Award Contract No. 3967 to Tal Cal Engineering, Inc. (Tal Cal) for the Total Bid Price of $197,565.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $20,000.00 to cover the cost of unforeseen work. Discussion: At 10:30 A.M. on October 6, 2009 the City Clerk opened and read the following six bids for this project: BIDDER Low Tal Cal 2 American West Landscaping 3 Belaire -West Landscaping 4 Land Forms 5 Sierra Landscaping 6 IPS, Inc. TOTAL BID AMOUNT $ 197,565.00 $ 221,246.42 $ 269,634.00 $ 236,750.00* $ 238,299.00 $ 264,547.00 ** * As -bid amount is $240,998.00 ** As -bid amount is $262,547.00 The low total bid amount is 24 percent lower than the Engineer's Estimate of $260,739.00. The difference between the estimate and low bid price may reflect the current economic volatility. The low bidder, Tal Cal, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Tal Cal's references indicates satisfactory completion of similar projects for the City of Newport Beach and Riverside County Flood Control District. t Avocado Avenue and Weeldiff Drive Median Improvements - Award of Contract No. 3967 Octoper 27, 2009 Page: 2 This project entails the median improvements along Avocado Avenue between E. Coast Highway and Waterfront Drive, and Westcliff Drive between Dover Drive and Irvine Avenue. The scope -of -work will include the replacement of existing vegetation with new water - friendly landscaping, irrigation system, and decorative concrete. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work, followed by a 90- consecutive calendar day plant establishment and maintenance period. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 of the CEQA Guidelines. This exemption covers the minor alteration of existing landscaping. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, City - prepared notices will be distributed by the Contractor to residents along Avocado Avenue and Westcliff Drive. Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description General Fund General Fund Proposed uses are as follows: Vendor Tal Cal Tal Cal TCLA, Inc Various Prepared by: Iris Lee Senior Civil Engineer Account Number Amount 7013- C200201,4, $ 197,565.00 7013- C20020i1X 1� $ 20.000.00 Total: $ 217,565.00 Purpose Amount Construction Contract $ 197,565.00 Construction Contingency $ 20,000.00 Construction Services $ 6,000.00 Construction Support, Printing $ 2,000.00 and Incidentals Total: $ 225,565.00 Submitted by: Stephen G. Badum Public Works Director Attachments: Project Location Map RELEASE OF STOP NOTICE To: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 RE: TALCAL ENGINEERING INC TAL COHEN .._ ..' 2264 VACERIOS'T _. - _.___ WEST HILLS '.CA 91307 -1649 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated September 28, 2010 In the amount of $25,057.39 against CITY OF NEWPORT BEACH as owner or public entity and against . TACAL- ENGINEERING INC as prime contractor in connection with the work of improvement known as ' "WEST NEWPORT PARK" SEASHORE & HIGHLAND NEWPORT BEACH CA JOB #3004 C# 4338 Date: February 14, 2011 Name of Claimant: BY: CREDIT ANALYST (Official Capacity] V E R I F I C A T I O N I, the undersigned, state: I am the CREDIT ANALYST of the claimant named in the foregoing Release: I have read said release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 14, 2011 , at_ PiETALUMA, CALIFORNIA LAURIE POLLARD, CREDIT ANALYST Fortes by Caprencs Inc. CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CALIFORNIA 92658 Accounts Payable (949) 644-3117 ORANGE COUNTY AIRPORT BRANCH 7023 16-1606 CITY NATIONAL BANK 1220 18111 Vo.Karmm Ave Irvine, Callfomia CHECK DATE CHECK NO. (94,9) 223-4000 02/0 4 / 11 PAY THE SUM OF * * * ** *1699* DOLLARS AND -07* CENTS TO THE TAL CAL ENGINEERING INC ORDER 7334 TOPANGA CANYON BLVD or SUITE #201B CANOGA PARK CA 91303 1180071905'a" 1:1,2 20 1606 61: . 61: 02311,69683511° CITY OF NEWPORT BEACH VDMOR NO. 9528 AMOUNT * * ** *1;699.07* CHECK "0. 719054 9528 TAL CAL ENGINEERING INC 7023 C4002007 E4002032 4 1,699.07 FINAL 9528 TAL CAL ENGINEERING INC CITY OF NEWPORT BEACH PROGRESS PAYMENT o m U t PROJECT TITLE: West Newport Landscape Improvements CONTRACT NO.: C4338 ° +crroaa,r CONTRACTOR: TalCal Engineering, Inc, VENDOR ID: 9528 ESTIMATED % CO: -8.1% PAYMENT NO.: PPA ORIG. CONTRACT AMT.: $88,140.75 TOTAL % EXPEND, TO DATE: 91.9% DATE: 9122710 THIS PERIOD TOTAL TO DATE DESCRIPTION EST AMT UNIT BIDPRICE AMT EARNED AMT EARNED 1 Mobilization 1 LS $7,732.00 0% $0.00 100% $7,732.00 2 Demolition 1 LS $10,000.00 0% $0.00 100% $10,000.00 3 Removal of Irrigation System 1 LS $5,000.00 0% $0.00 100% $5.000.00 4 Unclassified Excavation 235 CY $12.00 0 S0.00 235 $2,820.00 5 Site Grading 9,365 SF $0.05 0 $0.00 9,365 $468,25 6 Construct Interlocking Concrete Pavers Including 890 SF S1500 0 $0.00 890 $13.350.00 7 Construct e" Wide Concrete Bend 3 LF $30.00 0 $0.00 3 $90.00 8 8 ".4"x8° Pre -En ineered Well wl 10 "x12'.2" Concrete Cap wlConcreie Base 945 LF $13.00 0 $0.00 945 $12,285.00 9 Construct 6" 1AAde Concrete Curb Opening 90 LF $22.00 0 $0.00 90 $1.980.00 10 Asphalt Concrete Pavement Patch 90. SF $10.00 0 $0.00 90 $900.00 11 Parking Pay Station Base 3 PA $600.00 0 $0.00 3 $1,800.00 12 Install Irrigation S stem 1 LS 513000.00 0 $0.00 1 $13,000.00 13 Soil Preparation and Fine Grading 9,365 SF 50.07 0 $0.00 9,305 $655.55 14 Weed Abatement 9,365 SF $0.03 0 $0,00 9,365 $280.95 15 Install 40' Box City -Owned Chamaarops HumOis 2 FA $700.00 0 $0.00 2 $1,400.00 16 Install 36' Box City Owned Chamaero s Humilis 3 FA $500.00 0 $0.00 3 $1,500.00 17 Install 36- Box Parkinsonia H brid'Oesen Museum' (Pala Verde) I EA $550.00 0 $0.00 13 $7,150.00 18 1 Install 15 Gallon Ace Hybrid 'Hercules'(Tree Aloe) 9 FA $70.00 0 $0.00 9 $630.00 19 Install Gallon Shrubs 332 LF $7.00 0 $0.00 332 $2,324.00 20 Installs Gallon Shrubs 475 EA $5.00 0 $0.00 475 $2,375.00 21 Imsta112 -Thick Mulch 1 LS $500.00 0% $0.00 1 $500.00 22 As -Built Radlina Dmwin a (Fixed) 1 LS $2,000.00 0% 50.00 1 $2,000.00 23 60 -Day Landscape Establishment & 30 -Day Landscape Malotenance Phase 1 LS $500.00 0% $0.00 1 1 $500.00 SUBTOTAL: $0,00 $88,740.75 APPROVED CONTRACT CHANGE ORDERS: 1 Cost for additional soils test, replace nine 35" Box Parkinsonia Hybritl'Desed LS - 57,17500 100% - 57,175.00 100% - $7.175.00 Museum' (Palo Verde), re- contract the 30 -day maintenance period to' rchams Landscape Service, and refund City a portion of the mairenance phase of the contract. SUBTOTAL: . $7,175.00 47,175.00 OK to close t� s Received; ENCUMBRANCE NO.: Encumbrance } � j(' yE4002032 ACCOUNT NO.: allef ff1iS �}CIymP,nl S NoticeCleared: fis ll � 7023 - 04002007 51,699.07 /'n TOTAL: $1,699.07 II SENDPAYMENTTO: EARNED: $0.00 $81,565.7$ RETENTION: $0.00 TalCal Engineering , Inc. � PREVIOUS PAYMENTS: $79,866.68 7334 Topanga Canyon Blvd., Sui�'e #2036 -.1 y -- � '- AMOUNT DUE: $1,699.07 Canoga Park, CA 91303 (818) 744 -8877 i' t j 1'1 t. 1 PROJECT INSP OR& ROJ T AGER DATE L..: I not required for +enhon CONTRACTOR '' DATE CITY ENG1N ER O O KS DIRECTOR DATE FkJaon \PBW.Cae,ed4onbacIDlFY WIMMIt W.ln Lands:ot "M7R0aRE99 PAYMFM9 A CHMOEORDER9VnP <.a6NW RMrion Da¢: &SPo 1 011 )I f r , `qw PUBLIC WORKS DEPARTMENT Stephen G, Badum, Director November 8, 2010 Tal Cohen TAL CAL Engineering, Inc. 7334 Topanga Canyon Boulevard, Suite 2018 Canoga Park, CA 91303 SUBJECT: WEST NEWPORT LANDSCAPING PROJECT, Contract No. 4338 TERMINATION OF CONTRACT Dear Mr. Cohen: Attached to this letter, you will find proposals prepared by Merchants Landscaping Services and West Coast Arborists, Inc. (WCA) to complete the following tasks items on behalf of TAL CAL Engineering, Inc.: 1. Complete 30 -Day Plant Maintenance Period; 2. Re- establish 36" Palo Verde 'Desert Museum' at nine locations; 3. Soil sample analysis in each planting area to evaluate conditions; and 4. Bid item adjustment — 60 -Day Landscaping Establishment & 30 -Day Landscaping Maintenance Phase. The total for the termination of this contact will be $7,643.00. Execution of this agreement will relieve TAL CAL Engineering, Inc. from completing the West Newport Landscaping Project —60 -Day Landscape Establishment & 30 -Day Landscape Maintenance Phase (Contract Bid Item No. 23). The above stated cost will be deducted from the contract's retention. In addition, contract will be considered terminated once the City receives all warranty transfers /information and irrigation controller keys. Sincerely, Peter Tauscher Junior Engineer Attachment ACCEPTED: TAL CAL Engineering, Inc. - li( C041`7 //_ /r -./a (Name/Title) (Date) 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3311 - Fax: (949) 644 -3318 • www.city.newport- beach.ca.us From TauSChel Detef 'l5 beni AIon 091202 010 9 5 5AM: Tq.'+ Rooks Shad Cc •� o T4 5ulijea RE: Retenuan payments f routed lob= v9natums on 9;1-2010 Understood —C -4338 is at my desk the contractor is still in their maintenance phase so I do not want to release the retention. Peter Frorn;'Rooks, Short -,''!.• .., ".. - .. - .. ,. - Sent: Monday, September 20, 2010 9:52 AM To: Okada, Randy; Tauseher, Peter; Araniega, Patrick; Liu, Angela; Webb, Don (City Council); Pollard, Jamie Subject: Retention payments 1 routed for signatures on 9.1 -2010 I routed two retention payments earlier this month and neither one has returned to me yet. I just looked at the copy I kept and realized I had Jamie as the lost person instead of me. I meant to put me last because I waited to see them and double -check everything before I put them in for Jamie. If you have either of these at your desk, please cross out Jamie's name and put mine: West Newport Landscape Improvements C -4338 Public Dock Access Improvements C -4110 Thanks, Shari -- - .13 ((�''��II orded in official Records, orange County RECORDING REQUESTUY -Bl` gi \/ oaiy, clerk- Recorder WHEN RECORDED RETURN TO- Illlllllif�lll @IVIIIIIIVill lllll�lil!I�Illllilltlullll NO FEE IN AUG 26 AM 9' §310000401306 3:42 pm 08118110 City Clerk .105409N12 1 City of Newport Beach OFFICE Of 0.00 0.00 0.00 0 0 o.00 o.00 0 0 o.00 3300 Newport Boulevard KE CITY CLERK Newport Beach, CA 92669TY 0" 1 "B. '"T - r "Exempt from recording fees pursuant to Government Code Section 27383" t V NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and TalCal Engineering: Inc., of West Hills, California, as Contractor, entered into a Contract on February 9, 2010. Said Contract set forth certain improvements, as follows: West Newport Landscaping Project (C -4338) Work on said Contract was completed, and was found to be acceptable on August 10, 2010, by the City Council. Title to said property is vested in the Owner, and .---.----.-the-Surety- for- said - Contract -is- Contractors Bonding -and Insurance Company. -- -- - -- - - - -- - -- WWorks Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on °1� I�, at Newport Beach, California. BY 444w ) City Clerk n CITY OF NEWPORT BEACH aFW�e> PROGRESS PAYMENT u i PROJECT TITLE: West Newport Landscape Improvements CONTRACT NO.: C4338 o'ErEOwwLr CONTRACTOR: TalCal Engineering, )nc. VENDOR ID: 9528 ESTIMATED % CO: 0.0% PAYMENT NO.: PP -3 ORIG. CONTRACT AMT.: $88,740.75 TOTAL % EXPEND. TO DATE: 100.0% DATE: U TuA 0 THIS PERIOD TOTAL TO DATE DESCRIPTION EST AMTJ UNIT BID PRICE AMT EARNED AMT EARNED 1 Mobilization 1 LS $7,732.00 20% $1,546.40 100% $7.732.00 2 Demollllon 1 1.S $10,000.00 0% $0.00 100% $10.000.00 3 Removal of Irrigation System I LS $5,000.00 0% $0.00 100% $5,000.00 4 Unclassified Excavadon 235 Cy $12.00 35 $420.00 235 $2,820.00 5 Site Giadin 9,365 SF $0.05 0 $0.00 .9,365 $468.25 6 Constmd lnterloekln Conaelo Pavers lnctuding 890 SF_ $15.00 90 $1,350.00 890 $13,350.00 7 Construct 6' Wide Concrete Band 3 LF $30.00 0 $0.D0 3 590:00 8 B'X4'x6' Pre -En ineored Wail w/ 10k12NT Concrete Cap wfConcrele Base 945 LF $13.00 95 $1.235.00 945 $12,285.00 9 (Construct 6' Wide Concrete Curb O enirg 90 LF 1 $22.00 30 $660.00 90 $1,980.00 10 Asphalt Concrete Pavement Patch 90 SF $10.00 0 $0.00 90 $900.00 11 Parking Pay Station Base 3 EA 5600.00 0 $0.00 3 $1,So0.0o 12 Install Irrigation System 1 LS 513,000.00 0 $1,300.00 1 $13,000.00 13 Sell Preparation and Fine Gfadinp 9,365 SF $0.07 9,365 $655.55 9.365 $655.55 14 Weed Abatement 9,365 SF $0.03 - 9,365 $280.95 9,365 5280:95 15 Install 48' Box Ciry-Owned Chamaeraps Humills 2 EA $700.00 2 $1,400.00 2 $1,400.00 16 Install 36' Box City Owned Chamaemps Humles 3 EA $500.00 3 $1,500.00 3 $1,500.00 17 Install 36' Box Parkinsonia H brid'Desed Museum' (Pala Verde ) 13 EA $550.00 13 $7,150.00 13 $7,150.00 18 Install 15 Callon Aloe Hybrid 'Farcules'(Tree Aloe) 9 EA $70.00 9 $630.00 9 $630.00 19 Install 5 G3110n Shrubs 332 LF $7.00 332 $2,324.00 332 $2.324.00 20 Install 1 Callon Shrubs 475 EA $5.00 $2,375.00 475 $2,375.00 21 Install 2' Thick Mulch 1 LS 5500.00 10475 0% $500.00 1 $500.00 22 As -Built Recline Drawings (Fixed) 1 LS $2.000.00 100% $2,000.00 1 $2,000.00 23 60-Day Landscape Establishment 8 30-Day Landscape Maintenance Phase I 1 LS $500.00 100% $500.00 1 $500.00 SUBTOTAL: $25,826.90 $88,740.75 ENCUMBRANCE NO.: E4002032 ACCOUNT NO.: 7023- C4002007 $23244.21 TOTAL: $23.244.21 SEND PAYMENT TO: EARNED: $25,826.90 $9a,7a0.75 RETENTION: 52582.89 $9,874.08 TalCal Engineering , Inc. PREVIOUS PAYMENTS: $56,622.47 7334 Topanga Canyon Blvd., Suite 92018 0 7VUE:j $23,244,21 Canoga Park A 91303 (818)744 -88 f/D PROTECT INSP R 8 OJ CT MANAGER DATE 1 ! CONTRAC DA7E CITY ENGINEER OR PLI4LC WORKS DIRECTOR DATE i;unrrmweVnsns,eseo,>�eLEwv 0 }IpW41 NwrymLenOr[ap U)]OlrapGpf55 PAV VENI58 CWJrGE dipERS•tP ?J.6pP! a <rivan OYa: biaE loft Capital Projects and Contracts Administration Contract Encumbrance Number: I Glg00 Project Title: West Newport Landscaping Project Project Manager: Peter Tauscher Contract No. 3967 Date: 02/17/2010 Vendor Name: Tal Cal Engineering, Inc. Vendor Address: 22641 Varerio Street West Hills, CA 91607 Phone: 818-715-7189 Description Award of above construction contract of Services: Additional Approved by City Council February 9, 2010 Comments: Vendor Number: Business License: Federal ID 1i: l 9528 BT30027231 262515331 Project, Contingencies and Retentions Fund Division Project Number & Title Amount Available Balance 7023 C4002007 (General Fund) Contract: $88,740.75 Contingency: $9,259.25 $98,000.00 $138,282.41 Total: $98,000.00 Project Manager L Signature llG 1 U �" Date: 2119-11-0 Dept Authorization MAR 2 2 2010 Date: Administrative Services Department Authorization: 4Z�Ll 9d i 4 -10 Updated 01/2008 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. February 9, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Junior Engineer 949 - 644 -3316 or pauscher@newportbeachca.gov SUBJECT: WEST NEWPORT LANDSCAPING PROJECT AWARD OF CONTRACT NO. 4338 RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 4338 to Tal Cal Engineering, Inc. (Tal Cal) for the Total Bid Price of $88,740.75, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $9,259.25 to cover the cost of unforeseen work. DISCUSSION: At 10:00 a.m. on January 26, 2010, the City Clerk opened and read the following thirteen bids for The West Newport Landscaping project. Bids received were as follows: Bid read as $152,545.00 *" Bid read as $228,329.99 BIDDER TOTAL BID AMOUNT Low Tal Cal Engineering, Inc. $ 88,740.75 2 Merchants Landscape Services, Inc. $ 95,578.05 3 Green Giant Landscape, Inc. $ 102,004.25 4 Hondo Company, Inc. $ 113,281.75 5 Mariposa Landscape, Inc. $ 119,554.06 6 R.E. Schultz Construction Services $ 129,778.40 7 America West Landscape, Inc. $ 142,807.36 8 Micon Construction, Inc. $ 147,491.55 9 ACE CD, Inc. $ 151,699.00 10 Big Ben, Inc. $ 152,504.24 11 Belaire -West Landscaping, Inc. $ 156,982.00 12 KASA Construction, Inc. $ 175,190.75 13 Sunrise Landscaping Company, Inc. $ 228,393.92 `* Bid read as $152,545.00 *" Bid read as $228,329.99 West Newport Landscaping Project — Award of Contract No. 4330 February 9, 2010 Page 2 The apparent low total bid amount is 21 percent lower than the Engineer's Estimate of $112,000.00. Although the Engineer's Estimate is based on cost for similar types of work, and the bid spread was in range with the estimate, this difference between the estimate and low bid price probably is more a result of the continuing highly competitive construction marketplace. The low bidder, Tal Cal, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Tal Cal's references indicates satisfactory completion of similar projects for the City and the Riverside County Flood Control District. The work necessary to complete this contract consists of removing and disposing of existing landscaping, irrigation, concrete sidewalk and curb, and other related materials; and installing landscape materials, irrigation system, concrete pavers, retaining wall, concrete curb, and three parking pay station concrete foundations. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work, followed by a 90- consecutive calendar day plant establishment and maintenance period. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 of the CEQA Guidelines. This exemption covers the minor alteration of existing landscaping. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, City - prepared notices will be distributed by the Contractor to all residents bound by 601h Street, Summit Street, West Coast Highway, and West Ocean Front. Geotechnical Services: In addition to the contract costs, approximately $4,000.00 in consulting geotechnical services is estimated for this project and will be performed under the on -call professional services agreement with GMU Geotechnical, Inc. providing compaction tests on the subgrade prior to installing concrete pavers and retaining wall. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Account Number Amount General Fund 7023- C4002007 $104,500.00 Total: $104,500.00 West Newport Landscaping Project — Award of Contract No. 4338 February 9, 2010 Page 3 Proposed uses of are as follows: Vendor Pur ose Amount Tal Cal Engineering, Inc. Construction Contract $ 88,740.75 Tal Cal Engineering, Inc. Construction Contingency 9,259.25 GMU Geotechnical Geotechnical Services 4,000.00 David Volz Design Construction Support Services 2,000,00 Various Printing and Incidentals 500.00 Total: $104,500.00 Prepared by: Submitted by: PeterTauscher Junior Engineer Attachment: Project Location Map Stephen G. Badum Public Works Director SALAIVIIRAD MORROW pc. December 22, 2011 Ms. Lillian Harris City of Newport Beach P. O. Box 1768 Newport Beach, CA 92658 Re: Avocado Avenue and Westeliff Drive Median Contract No. 3967; West Newport Parks, Seashore & Highland, Landscaping Project Contract No. 4338 Dear Ms. Harris: We are counsel to Contractors Bonding and Insurance Company ( "CBIC "), surety to Tal Cal Engineering, Inc. ( "TCE "), a contractor on one or several projects that TCE is completing for the City of Newport Beach ( "City "). TCE is in default of its obligations to CBIC under the express terms of a "General Agreement Indemnity" executed in favor of CBIC on or about October 13, 2009 ( "Agreement "). A copy of the Agreement is enclosed for your reference. The Agreement was furnished to CBIC as partial consideration for the issuance of surety bonds. Generally speaking, the Agreement sets forth TCE's obligation to indemnify and hold harmless CBIC from and against any and all loss, damage or liability incurred as a result of having issued bonds for TCE. The Agreement also provides various rights and remedies to CBIC in order to protect it against losses. Among them, the Agreement provides that TCE irrevocably pledge, grant a security interest in, assign, transfer, and convey to CBIC all of its rights in connection with any contract (whether or not bonded by CBIC), any and all sums due or which may thereafter become due under any contract in which TCE has as an interest ( "Assignment'). Under the Assignment, we hereby demand that the City immediately release any and all funds earned by TCE to CBIC by delivering payments to the undersigned. Failure to forward the funds to CBIC and otherwise protect and hold the funds for CBIC's use and benefit may result in the City having to make the payments twice. 19200 Von Kannan Avenue, Suite 400, ,Irvine; CA 92612 P:949.477.8068 wNvw.salainiradrnerrow.<mn F:949.477.8069 Ms. Lillian Harris City of Newport Beach December 22, 2011 Page 2 Please contact the undersigned upon receipt of this demand to make sure there is no confusion regarding CBIC's rights and expectations with respect to the TCE funds. CBIC reserves all of its rights and remedies. Should you have any questions or comments, please give us a call. Sincerely, SALAMIRAD MORROW P.C. Jeffrey D. Hook Enclosure yr ae T) raimi.'. tivm¢,, °.mrryr °a �:'�mvwcvmp.e. GENERAL INDENIMTY maven en. rm lu nw�isv mrwriii'a xwumar AGREEMENT ammua aI ,a «Iv Irmrronewlnx la'oe:nziamarm b WfOrrnlAS p1W Ll.al.anr% aWrebvnra(Ya )WanW rrurV na 12th) OCTOBER, 00i 1NrsurpWforit., llirpme tl made and YI.,%Centered Into NU___ a of geah,bH[acmedb th. uuJm I,tlt lus the a me nt minded i ��((0ry� 0 ��Vy� Ji1�w�`t 1R�ppNCCfa9 ANY a. he}eIN er m HomJ In n O� eg alf d -L1 OTt11n 0a semi IOIO pWnT�en d9 exe.uteo an bchoif'of {iJa4 .. 'li3iY�1P1:1,r.. ,1't - / -8'- oil J uninsured on behvlfaf any other person ae cntlghtlb W as printlpel firms. I.11MO itOM Drefollo"Ing d'ebldtturn apply W ddr ugaemmh ,J Mod Any Band, imdetmhing or other contra dual Obligation aae(Uted by gdaly an, before Draft" Ihb data, and any elders, eridvnements, ,st bons, ceatlnmtibm, mosewa6, ruhsntullors, Increaser or aeffearel to penal sum, mlmtatamenU or tepm<ememr thenew. PrJadphk y epecon(r)mcadgfles)set fai th above, or any AffUlom, waiiyone or motblusirlontheauh or Iheltivec¢ttam In lntemsl, whether video m N wirirvmtum avllh miters namM hanla dr ant w(hed n"ebr. C.0WfIUM. R300t4Dn'i0 AND INgIIHMECO) APANY, itsmialina,andenyothvpelaun oreailtywhleb Ilmay procure mart as mi In full or In pvl- num In handling a claim as nation deem nem ary, Including but not limited to the expense for Imdesngesive, clng and lead servltts. ocuguing dgho. Inerpettive of tier race first do undenlgnvd may havemmmed, nr offerM to ".me, fit. defense "fes. v nr adehahfe In 01, Indament .(Surety to take am sciloadescibad ahovm. us in crmtrel. administer. onerte. fur eaeeddng or out paesomtotvhnm nand. if Uso semi Me taut din6 but not WMed m Suety% fight m p.r1w for end., gent a tenuity In1.1 In, auipn, tent r, and snmcy m 'ndM by Surety, whlche6eris mrflen but subieet to the bust bp.Aueet) held by the understgnM, bsrluding but tins not Ilnd[ed to prugrnss p ty. andlnaeny pameeeds of tiny documents of role, end bRla of bdrnn held by the Wsdet. side slin e l retry have an muter, of of action may sesame heitursoct. 5urary nerd n01'prOeRd[let agoast mePUnelpal. Release o(any OneI nut, release The nthms. No adltig or hudenon of Surety, ttldt msyem m Snyone other than the mdmsl, d of any dmler ImmonJnr. 1 he undcrdgnM shall not be falaamd from Ilhhnly livensider bemuse of L ur rosy other sirmar to this agreement or m , wu Aroftyitefnwe m 6, dlaY H gnmN s Uh. evrRetO o etle[Smery,pmne Usedi+HUigen l rbOt uenUi n llltabglry by rcaron Mmcol. of them is apcdgnllyand hen "ally Inlensted In Itie obis Wng of each limits. onsen110 Lly n ang0a or allefa11ons, In a wnlmeri we110utaUDCHRg t11C HAVUH, hcleunder Of thettndn]Igned. hava every dgh[ defense fir remedy ' which o persunul surety Mrimut compesunnuu would have, Including the ri ht goes o(gi10 a.m. thmugit 6:0 pm, lefnodny through R10ay. Ihr undrulgned mayeh urge ornery a fee not to sumecd SID I valve on right to chic, any pmpvdg inclndb+g hemistead, as eamrpi hem legal Umcea litany vrtiun htrwude,. Pedo 20a .n , euawsm If We executed, Water by any at the undenlgoe<I may be dated Ne, or Invalid (oa any Added, meh dAlun or Invalidity shell not affect vallelly hearot As to any other of the undenlgned. Invalidity of any pravhlam hereof by ,erne of the hw of any data or for tiny other don shin l not render the other pravlsions heredt Invalid: Surety ebaB heva the rlgiaf a nu In try blank, left herein dad to concert any coals In 11Bmg In day Wants here4s and to I In ors farm., error to any attar daeunuhe squired of he undaaigued In connection Alto exeeutiau of any Bond. ❑nderslgnm native any defense tlul she Instrument ands eaenned subsequent to the dote of any Bond, adWM III and dovamnting at mN Band evra acevutad pufmant to the undealgneda' requint and In reliance do the us:dersignads' pmmhv m exeeva hlgmemenr. ,at/ n Wrong. day not be thvuged us modlRed really. No rhenge at madllhutlun MoB be euedlve udlms specifically agrt:d m by Inry a wrung. In the f even any of Hit Oth a under Aned s nl Insolvent. no or In one my as life uddeuast t:d .rho rxecnte cols agnemmt d S1144 de cut be dad for any rddmn; the ddly undersigned scull, nabprthelea, be bawd teauvdnr Ire rho full ontaune of the I,bfllry x d'eXned Irt LM B. Band As I, as Me,dreutnslen <es BOOM arby myciallo A, or materige o(. any or I eamva harebt +hooted ba healed as dm and neonate. Nat ;r that any .=exit forth herein eir many Band Brost. the dis)uncflvely, this agrztm,mtappieez be m enlbety to hands other undetilgnew' RBBr ro recevef allmagtl maemt 5unry awes P /SUrea /s mutt ur ng11pron a1mLL ant not he Bahle tar damages noun frdm lets of.,.Rlt m fan hiddcnpl ar Mossequmtld domsgp, evnl d It abclt da s agi. Thli llnallo ➢on w l vplay reptile. of W. tunai or Rae sNab, wbmhn In ronlradi or ton, They land a dirty to re<1ew all Puns executed by Surety to,.nda Arid vouzdom paint car deliver, a the Bond aye tie it lit, of Indemnity agalmet such oche, ar each other? propriety hair lW air Bh11ratiots N Shinty a aaetaf late Io1he saecexlenbas Ma wrluug, Suraly may de ctled in eaaavo any bond (crany season, slid Surety shall net Ire Rabic to or mull (miter than an CID ser an o hIJ or prapmal Bond) uteri Surety declined u+e<v ling Any noenda contract upon soi oflhetsmhdaal gwcry ozewtasa bhlnpm she lfaeJ mnl then , n that Uld or ptoyaaf XaM Wt anyrvwn pndluJlnX, Cut nd{ Ibnitul m, bed spicad, Bnasdal vac In k flrva written nonce in Surety of such Roralm don at its Home Mot. Ill] Volley Street, AC. Box 9271, Sevilla) Washington 9B1f1B ➢371; mad a.$stn In nRll Mnto the elf, tlyrd dot. (ties bet stied thirty dap afrr weirs UKROr byitirety) of Iardlisolon or;ufh undmlctlife Ilahliltycur tumm ponds. gfI?I.Bnds, edte or eoorized lfoo,I.such date advalaahisnixed nodsullrnninvtlan saw ➢naneMxNUh< Bible hennnder me. L emnds eaemted of a ward imdydot to such.dada,. modlgmgold Weave R Bards ve bract put,guar wi a bed at pmpdsati end eax d delr sool0 and pdnl Inc tech.vary and ntono O nalt Such d and 4,1ny maldtenante of gemnnnv Bands MertaRer vaezurcd Inddanal m vdp oaten end, which b Me(ated hunt to dude dntr, and ifodmelfladty owed he Rllepa(agnsyt, hmlude ho[am dal Iimihd a mamvab, subzbmlidna, ride,, mdoaemenY, raWalematls, SUMVmnde UTReascsordxaxa Inpactdiva" Any thiirdoo,endhere InSil ,Bonder indr finely up auvedfortzvnnins cry Sombient undnwr(tex' y ware In a in oc any ]sued parry, whew to .Seetys ale dBtreilnn gioey a all .cede Itself labi< dl pelentivlly, Ilahle In any vary for fallwe ro exa<vte road, bona. rtH. A»TISORt'LATION TO CIMCR "13DIT Slaty del let ergcld ore aulhodmdto Invdsugna the nmAealgnedaemeJR(hm111,11 ,but ml united lo, abaaingattount nnnnnlerI andfot acoawrt WLess. access ➢nomfar Institutions), non and at uny [bad In the hdnm, 1, Ide Anyy creditor, rupplhr, mantes, Rnrnclal OulBullno. add noy other passed of early. AutllWdnllmn b herehy ginned, now or at"' Hmc Io the future, Inrelenselydamanan le Surety and /nf lit agenn pertaining a she endeultIned?'ttedsl; lndudd, hw vane Braltal to dbddd, An SLnty dndfot Ih .genii, the undmigaott amount nambrn and /or dmImIrdealance, papaada . .M .'re I HAVE IIr.AD ME ABOVE GENERALJNDEPANI7'Y AOREEhIENTWHlL'H CONSIST OF A PA4E5 OF FORM bmE[INLACCAO( I I05 FULLY UNDERSTAND MY OBL(O/QIONS HEIMIJIMER,AND FREELY CO,NSENPTO ITS TL'IfhdS. SIGNATURP.S OF Tnn PR MCIPAL AND OTHMR INDSWITORS 'rALCAL ENGINtERING, INC. a California Corporation All +Parpoae Aclmocvladgement STATE OF_ om -nf,0 STATCOF' CDUMy(n! f_o S . a rl �t�f S } ss � _ A._ ,COUNTY R, ma nffalllhmO Intl Ule fnmgoU18Pam$,aph Ixuyc and eo[fem: aTIrJRSa viy himAd mlrl-ofrpuial oral. 6Vun.esrNxq NNe All- Yurpoac Acicnaivlcdgement MTEOF_ ^._ CoMmor— }SS On hefmnruc, parsomlly mpvaal J sa, a.ramwa Who pmaal m ai no the 6nnxef solix(nUary aa1A•^^• In he the nor3 s,Auuo haxnomc(s)LNac) hd.ldhbcro WmavRnln n w., i,, nod eenJlmylutgruo to d IRm hr/W), . y 11nd by the soma in bisfhediair n, & 151 d ofil theiJo, and Ihol by hb%Lvupon slgg��uulurc{s) em Ula insnomrnt We yeaon(aM m the emits anon Zfof urh . lA Ixribn(a) aelal, rxendaxi thew imhamml 1 mdfyp uodr72NAL1YDRPERNRYuodwthe lurve of11s LYaIn oT[.•aTifamis Thal the Saory aivg lxmgru hbnva nod .o L WOZE 5 my hand end oKeial scnl R'LLI v+euaaeNen PYfY Pogo 4 a Alt- Pm'pose Ackm mvledgement GRL /�Oetn/ /mil ` or ss !ghafnfo me Qi1Ld0 uKowl��b'ly CJ wla9q�I; O MnN IV moon lheLaiv aF nittfnlury evidence to ha the �w.rls of CAlifamia that We Roegaiq r=Fmph u lme nod oMecl. %YTIMy35�1my h6rW oM oOlehi s"L S{nAVrtnMWy R {� 4V All-Pnrpose Actcaowledgement STMEOJ +__ _ On Won me,pernmully aPf� 5..._T.,��.___.___� u,Eo pmvcU [o mo aA /h'v talin lFSniioRubry eriUltol ri 7m cul peaonful ,IcQnames] 1h.1 s 6d clib1 m the ut Wfn , soon jo ,xl oc hmir utho m rtro Ihnl h (its), n dMt by the soma io bipMIhnU nn IhO 11M ©XEIL IIlic p, and Oml by amity upon hgnelurr w on IRa irmlNmad Or pe6o .V), o[ ux ed(ly open codify of scr PE The Y6F P) acted• eundw d mo inchmn de 1 .mfiplidoter CENAUfYUvmOon YmdrNJa Indsoomstole ofCnlirurmn Ihm inn fuleg+ri�q pray, ado is lnmaaJ eeneR WrMT•.SS my bond and ofhdal oral. llGlL) SpTawaeMmyhlR• ice. fA ,Naou,e.rnnna E 4 2 c 6 CALIFORNIA ALL- PURP®SIF, CERTTFICATE OF ACKNOWLEDGMENT Stalcof Calilomia Cuanlyof,�OS Act E6ES on GTd/1tn - /.j Zo6 . heforemc, M�)+r�aEs[ �kAIJr,A -Illne mmc and,W or,hdalaleu) personally appeared ADT LEVY COVEN wlto proved to me oh the basis of satisfactory evidence to he the pat u i(s) whose name(i) i9lud subsuribed to the Wliihin instriimeni aid DoLlie(vledAM to me that hd /slid(hcy executed the same in- Bis/Iacrllheir au0torirced capacity(ies), and that by hist'her /their"sigrmture(s) on the instrument the penon(s), or the d3nity upon Behalf or which die person(s) acted; executed the instrument. 1 certify under PENALTY OF PGRTURY under titre laws ofthe State of CgiiCorria that the foregoing puragraph is true and correct- � WITNESS my hand and off eial seal. omnPUhll� � (NVmrySaU AnbM- ONAL OPTT! DESCmirnew oi, TFiF ATTABHEO DOCCIMCNT GENERAL INDEMNITY AGREEMENT ri-uae irenarynon vfamcicU donwinp �_ RinemJeeraDdvn vrvleith'aidwvcrnl mnlins000) -- Numberof ? ngrs_ 4_ Document Durel0 -12 -09 T IbJ1JUn1 irtnmulivnl CN'ACITY CLAIMED BY THB SIGNER 13 Individual (c) ❑ Cn y"D"Co . iccr PRWSIDEN1 — (Tu.) ❑ PaMer(s) ❑ kttomey -ha -Pact O TtaiL•e(3) ❑ Other _ ?Wr Vmva l'AVA ra1I0dI e1?kar1D365 a•wvrJavtmyTlavo cam • Aumerv) ruvnry Infgln�dpnmva w as, sava wt coonly ebae the den�mma 1. • pilevrnvu�lan)nlaN Ito d1daats1two le y)geiG) ;Pn3nm11Y ep)aved ulJdi altn[noL., r uidaae011e dwa$nof hapiyaM1UmtiDldat. . 7'Ac bly NLIiJ matt' Idtaa ?IS vt en curse u is vDDnvrs vudJn nit u Le m it ucvri fata3 ortrartmvem ®a Weoymb 1We(naav9 DU6an). . Rail Iha avtiet3) of Jxamint dpri(al aifiu pclarnallY aDP'v! m the dm: vl iw3iedindvrc • aNNC ire anm>wrJl "v m p1uSl. foinu b' ntwfn8 umi=rnnaa fmad, (Ic AdiYJti ;ry}.binem)paGrttinDrliew.ren fnmu Faaimaacm¢c11ywk:imrha • sipilldxv[dtt ruvy'Ir+etk aims narrh QAbAti`ve en rueN dl )fiaufi�m vl dwcvumystc>3� e M1ddidcdpl iidanpdi�.c nni mryead am.ditfbiod la em i du, n�tjinulalpneei kara)eifuwr 9a nnshd Ivadia`d'aa daawm) P lwry IJe alpi,e C41fiu Wy ur3Tiwr. l(ft ftveo sduly 9 IWICIC aLe na>faeiy tlalfiW hY Ik SiSimr. lilhi sjdimed ciDUfty is n mlpWalc vmca, rNlldle mfthle' {k CT.d,CFU, SmrvWlp). • SsninlYmurh tldn ddnm'ailo the s:pwl dvE�nt CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Slnlc of Califomia County of C p S Ar-f EGFS On QC7D116-os-13 ,ZCO befaremq '_`�?/1N'9t>2 Chrpl- rr.F}, ,✓t/d`TA-M �U�Lle �- (Nor once FCrns andtltlo dkomto) personn0yappeared TAL':'.COHEN ....v who proved to me on the basis of satisfactory evidence to be the pcfson(s) whose name(s) islxre subscribed to gird within instrument and a6knoMedgedria me that helsheithey exceated the •some in hisArerAbcir authorized capWti (des), and that by his/her/their sit riaium(s) on the instillment thdperson(s), or the entity upon behalf of whitlh the person(s) acted, executed the instrument. I certify under PENALTY Ole PERJURY under the thus of the Stale Qf &urorain that the foregoing puragmph is true uhd coirtel. ;�. _ _ _ =W�a, _ „ _ =_w•, WITNESS my hand and official scat. —Shiro l+.rtreuy� � 1Nomry•SaJy AiMMONAL OPTIONAL TWOkMATION INJilMUCFIONS FOR COMPLEIINO THIS FORM DESCRIPTION OF THE ATTACHED DOCU?FTFW GENERAL INDEMNITY AGREEMENT. —_ (ridded l pia: oromaWdldamuaio bide dasur.s eaWiaws) H=beroTPngei =_. Document Doic10 —L2 -09 — fAsWaiatur iafdmudonf ". —__ CAPACITY CLAMED BY TH iv ludividial is) 9 CorOOrata OHlear SECUTAR.Y ❑ Pesble*) ❑ Altanley -In -Feel ❑ IYaslec(s) ❑ Omer ' 1WS Vmica CARL Sit 16.076ffi03436d mnv M.Fd Clalsamm AF'. ov' 1m.lmymrru tmry.'raw m cdil^mlo p"ux w•vca .varw..wuly m d'R'aa!'hd'LVr tR dN rmfay ;ib'd! i ord3epmor24blmrae, lariF rij, di ,F dory is w b, a Aid? a Pmad rn npl varyc i. nfe aJp `mrjulun ry jT n daonbmrbw M lsni1t dsur Orp U;f f.#Or ia., Fs ramrsc; uq•damaat am+mrfr�{vlNa,r}H(odf Vy Fry'. di. a-6 in it ma a da•v am d fo,Fr rFu rh• sdumx. aczrsi"pvne Fairavo (a Gi? -i* or LowaFlreyvl;iora Haut}al Calywnio ( <e u m4 abi.FSUNareid lvrliitf of rw nymt•,7.O rlur} r@ da�v,.,. vroWruryf�y +�m..F,a�ld.erar,ea,ruau�a ✓o-,lFd A, V:rmY'aa • Sidid aol CpualyinRds%sV n lout be tM SLnle aryl edd ly%+.:FvIC docudern ipFw(sypadovatlp 0wro of telae do outw P oblia fm ocL�oud'e•Jgadd. • IkioaloWrbndon owl. W ihb difa Uvt de elanclfn)' pspanally onFadcd I,W, maiialfnbc 5ioiimf dudIDbpcyitmtidplmr u Wlaplerrd • rh O %Y Y ptWliC Root (Ytnl I&. OF hod 0.njC U II LprW_ n tylalin hi% VI la lnmidfiuon Mllanid Era<ombi endil(cnYeiV iWc(iobdpWWI12t • rruli Ulf rofitu'r+Lffilmmt audit) Qin p2mananyr Yppeai a We rune of rourbaden • 'Ml a ilk mma alnpaat ur'lords A..0 WY trsatnc as eunane Mrins ao cnsum laic optdty is. VONO5 &E7 ®� INSURANCE VIA FACSIMILE: (949) 644 -3039 City Clerk P. O. Box 1768 Newport Beach, CA 92658 Re: Bond Nos.: Principal: Obligee: Contracts: File No.: Dear Sir or Madam: RECEIVED ?010 DEC 20 AN ia. 47 December 16, lip, OF THE CITY CLERK CITY OF lH} YWPORT BEACH CE7083 and CF 1777 Tal Cal Engineering, Inc. Surety Claims 1213 Valley Street P.O. Box 9271 Seattle, WA. 93109 -0271 (206) 628 -7200 533 -0307 FAX +S x7at>l� ais Citv of Newn"ort Beach Avocado Avenue and Westcliff Drive Median Contract No. 3967; West Newport Parks, Seashore & Highland, Landscaping Project Contract No. 4338 R911 c00 and R911d00 CBIC is the contract bond surety for Tal Cal Engineering, Inc. on the above referenced Contract. The Principal has defaulted on the bonded obligations and as such CBIC has rights to the remaining contract proceeds superior to that of the bonded Principal. Based on this, CBIC hereby demands that no further fiends be released to the Principal, and that the remaining contract proceeds be paid directly to CBIC upon completion of the Contract. This demand is made based on the doctrine of Equitable Subrogation. E.g., Pearlman v. Reliance, 371 U.S. 141 (1962). In re Massart, 105 B.R. 610 (W.D. Wash. 1989); Home Indemnity Company v. United States, 376 F.2d 890 (1967); Fireman's Fund Insurance Company v. United States, 421 F.2d 706 (1970); United Stales Fidelity & Guar. Co. v. United States, 475 F.2d 1377 (1973). In addition, CBIC possess contractual assignment rights to the Contract proceeds. If you have any questions regarding the need to comply with this notice, please forward it to your attorney or call me directly for additional explanation. Be advised, however, that any release of contract funds to the Principal atter Your receipt of this noi'tce wlii subject 'il_e :iiwVG -rte renccd OJiigee to legal liability and may release CBIC from further liability under the bond. Please furnish me.with a copy of the request form. Thank you for your anticipated cooperation. Very truly yours, '�a 01�'c 6 a' - Judy Dawless cc: Julie Durkin ... R91 nNewporiBeach(t) o Contractors Bonding and Insurance Company o CITY OF NEWPORT BEACH AU6 1 o 9ntn CITY COUNCIL STAFF REPORT August 10, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Junior Engineer 949 - 644 -3321 or pauscher @newportbeachca.gov SUBJECT: WEST NEWPORT LANDSCAPING PROJECT— COMPLETION AND ACCEPTANCE OF CONTRACT NP43381 ISSUE: Staff is requesting approval to accept the West Newport Landscaping Project Contract No. 4338 as complete. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION: Summary of Completed Construction Contract On February 9, 2010, City Council authorized the award of the West Newport Landscaping Project to Tal Cal Engineering, Inc. (Talcal). The contract provided for removing and disposing of existing landscaping, irrigation, concrete sidewalk and curb, and other related materials; and installing landscape materials, irrigation system, Contract Time Construction Contract Final Cost at Benchmark Award Amount Completion Target Actual Time Under or da s Over $88,740.75 $89,140.75 Contract Contract 64' (7) PIu810% <1% On February 9, 2010, City Council authorized the award of the West Newport Landscaping Project to Tal Cal Engineering, Inc. (Talcal). The contract provided for removing and disposing of existing landscaping, irrigation, concrete sidewalk and curb, and other related materials; and installing landscape materials, irrigation system, West Newport Landscaping. Project- Completio. -nd Acceptance of Contract No. 4338 August 10, 2010 Page 2 concrete pavers, retaining wall, concrete curb, and three parking pay station concrete foundations. i The project encountered seven days of unforeseen delays during the work primarily due to material procurement issues and construction complications caused by the pre - engineered retaining wall. 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: $88,740.75 Actual cost of bid items constructed: $88,740.75 Total change orders: $ 400.00 Final contract cost: $89,140.75 The final overall construction cost, including one change order, was less than one percent above the original bid amount. The change order consisted of adding irrigation components to possibly provide additional landscaping in the future. Item No. I Description Amount 1 Adding irrigation components for future use $400.00 Total Project Change Orders $400.00 A summary of the project schedule is as follows: Project Award for Construction: February 9, 2010 Date of Notice To Proceed (NTP): March 15, 2010 Contract Completion Date per NTP: June 7, 2010 Actual Construction Completion Date: "June 22, 2010 Contract time was extended from 60 days to 64 days due to adverse weather conditions. ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 Class 4 (b), of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. PUBLIC NOTICE: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. West Newport Landscaping Project- Completi, .nd Acceptance of Contract No. 4338 August10,2010 Page 3 Prior to starting work, a City - prepared construction informational notice was distributed by the Contractor to residents within the work vicinity. The notice was distributed 48 hours before the work commenced. FUNDING AVAILABILITY: In addition to the original construction contract, this project involved other project expenses, as summarized below: Construction $ 89,140.75 Landscape Architect Consultant 10,827.86 Incidentals 323.15 Total Project Cost $ 100,291.76 Funds for the construction project were expended from the following account: Account Description General Fund Prepared by: Peter Tauscher Project Engineer Attachment: Location Map Account Number Amount 7023- C4002007 $89,140.75 Total: $89,140.75 Submitted by: I z in HIGHLAND GRANT STREET cn m 3: FERN STREET 0 X m m (n =i m ORANGE STREET M cf) c) 0 > U) —i T > PROSPECT STREET C ' ST 0 CTO'- N REET 62nd STREET LUGA-WSTEE'ET' -.6 1 cl) I M —A 1 I :It WALNUT - STREET W CEDAR STREET --I m K) M cf) c) 0 > U) —i T > PROSPECT STREET 62nd STREET -.6 1 cl) I M —A 1 I :It W du JOHN DEERE RECEIVED LANDSCAPES ,oil EE9 23 M 4, 36 RELEASE OF STOP NOTICE CffCEOF_ �To: CITY OF NEWPORT BEACH TH �I \NPORT 8 my 3300 NEWPORT BLVD a` "� NEWPORT BEACH CA 92663 RE: TALCAL ENGINEERING INC TALCOHEN 22641 VALERIO ST WEST HILLS CA 91307 -1649 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated September 28, 2010 in the amount of $25,057.39 against CITY OF NEWPORT BEACH as owner or public entity and against TALCAL ENGINEERING INC as prime contractor in connection with the work of improvement known as "WEST NEWPORT PARK" SEASHORE & HIGHLAND NEWPORT BEACH CA JOB #3004 C# 4338 Date: February 14, 2011 Name of Claimant: BY: CREDIT ANALYST [Official Capacity] V E R I F I C A T I O N I, the undersigned, state: I am the CREDIT ANALYST of the claimant named in the foregoing Release: I have read said release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 14, 2011 , at _ PxETALUMA, CALIFORNIA To: LAURIE POLLARD, CREDIT ANALYST Forms by Caprenos Inc. .T� v��7 r%~1M7 ,; _I BONGS INSURANCE VIA FACSIMILE: (949) 644 -3039 City Clerk P. O. Box 1768 Newport Beach, CA 92658 RECEIVED 7040 DEC 20 AH, 0 47 December 16, bR�U OF THE CITY CLERK CITY OF hEUVPORT BEACH Surety Claims 1213 Valley Street P.O. Box 9271 Seattle, WA. 98109 -0271 (206) 628 -7200 (206) 583 -0307 FAX Re: Bond Nos.: CE7083 and CF1777 Principal: Tal Cal Engineering, Inc. Obligee: City of Newport Beach Contracts: Avocado Avenue and Westcliff Drive Median Contract No. 3967; West Newport Parks, Seashore & Highland, Landscaping Project Contract No. 4338 File No.: R911c00 and R911d00 Dear Sir or Madam: CBIC is the contract bond surety for Tal Cal Engineering, Inc. on the above referenced Contract. The Principal has defaulted on the bonded obligations and as such CBIC has rights to the remaining contract proceeds, superior to that of the bonded Principal. Based on this, CBIC hereby demands that no further funds be released to the Principal, and that the remaining contract proceeds be paid directly to CBIC upon completion of the Contract. This demand is made based on the doctrine of Equitable Subrogation. E.g., Pearlman v. Reliance, 371 U.S. 141 (1962). In re Massart, 105 B.R. 610 (W.D. Wash. 1989); Home Indemnity Company v. United States,.:376 F.2d_890 (1967); Fireman's Fund Insurance Company v.: United States, 421 F.2d 706 (1970); United States Fidelity & Guar. Co. v. United States, 475 F.2d 1377 (1973). In addition, CBIC possess contractual assignment rights to the Contract proceeds. If you have any questions regarding the need to comply with this notice, please forward it to your attorney or call me directly for additional explanation. $e advised; however, that any. release' of contract funds to the Principal after your receipt of this notice will subjes't.I,he above- referenced Obligee to legal liability and may release CBIC from further liability under'the bond. - Please furnish me with a copy of the request form. Thank you for your anticipated cooperation. Aw Contractors Bonding and Insurance Company Aw 12/16/2010 11:10 cis INCVRAN[T 2065830307 CBIC Post4 ,zx Note 7671 oata�� 14 /o nor w3vea�� 1 To } From e Ra�t o ce• C( L rrnn e-v Fax41 (sygJ (,W.3j23f Fax 11 — PAGE 01/01 Surety Claims 1213 Vallev Street. P.O. Box 9271 Seattle, WA. 98109 -0271 (206) 62R -7200 (206)9R3.0307 PAX Dear Sir or Madam: CBIC is the contract bond surety for Tat Cal Engineering, Inc, on the above referenced Contract. The Principal has defaulted on the bonded obligations and as such CBIC has rights to the remaining contract proce eds superior to that of the bonded Principal. Based on this, CBTC hereby demands that no further funds be released to the Principal, and that the remaining contract proceeds be paid directly to CBIC upon completion of the Contract. This demand is made based on the doctrine of Equitable Subrogation..ts.g., Pearlman v. Reliance, 371 U.S, 141 (1962). In re iUawart, 105 B.R. 610 (W.D. Wash. 1989); .Hance Indemnity Company v. United States, 376 F.2d 890 (1967); Fireman's Fund Insurance Comp__any_ 9._.United::States,_421 -P.2d -706 (1970); United States Tidellol & Guar. Co. V. United States, 475 F. 2d 1377 (1973). In addition, CBIC possess contractual assignment rights to the Contract proceeds. If you have any questions regarding the need to comply with this notice, please forward it to your attorney or call me directly for additional explanation. Be advised, however, that any release of contract funds to the Principal after your receipt of this notice will subject the above - referenced Obligee to legal liability and may release CBTC from further liability under the bond. Please furnish me with a copy of the request form. Thank you for your anticipated cooperation. Very truly yours, Judy Dawless ee: Julie Durkin ... 8911 WewportBeach(t) nw Contractors Bonding and .insurance Cotnpany eev December 16, 2010 o n VIA. F'ACSIMMU: (949) 644 -3039 Date V F0 � ° ,mC rrnn e-v Copies Sent To: FT— o, City Council v rn City Cleric City Manager C)C-1�s� P, O. Box 1768 _, City Attomey rn Newport Beach, CA 92658 File, Re: Bond Nos.: CE708 an Principal: Tat Cal Engineering, Inc. obligee: City of Newport Beach Contracts: Avocado Avenue and WestclifF.Drive Median Contract No. 3967; West Newport Parks, Seashore & Highland, Landscaping Project Contract: No. 4338 File No.: R93 1C00 and R91ld00 Dear Sir or Madam: CBIC is the contract bond surety for Tat Cal Engineering, Inc, on the above referenced Contract. The Principal has defaulted on the bonded obligations and as such CBIC has rights to the remaining contract proce eds superior to that of the bonded Principal. Based on this, CBTC hereby demands that no further funds be released to the Principal, and that the remaining contract proceeds be paid directly to CBIC upon completion of the Contract. This demand is made based on the doctrine of Equitable Subrogation..ts.g., Pearlman v. Reliance, 371 U.S, 141 (1962). In re iUawart, 105 B.R. 610 (W.D. Wash. 1989); .Hance Indemnity Company v. United States, 376 F.2d 890 (1967); Fireman's Fund Insurance Comp__any_ 9._.United::States,_421 -P.2d -706 (1970); United States Tidellol & Guar. Co. V. United States, 475 F. 2d 1377 (1973). In addition, CBIC possess contractual assignment rights to the Contract proceeds. If you have any questions regarding the need to comply with this notice, please forward it to your attorney or call me directly for additional explanation. Be advised, however, that any release of contract funds to the Principal after your receipt of this notice will subject the above - referenced Obligee to legal liability and may release CBTC from further liability under the bond. Please furnish me with a copy of the request form. Thank you for your anticipated cooperation. Very truly yours, Judy Dawless ee: Julie Durkin ... 8911 WewportBeach(t) nw Contractors Bonding and .insurance Cotnpany eev 09/29/2010 11:20 17077925951 JDL CREDIT PAGE 01/02 CONSTRUCTION FUNDS STOP NOTICE CALIFOR 1 O CTION 3103, 3181- 3187 ----- -- ----- - - - -- -- _ 4- ---- ------- ---- --------- - - - ---° NOTICE TO _ FO THE PROJECT AT: CITY OF NEWPORT BEACH "WEST NEWPORYOWRK= 3300 NEWPORT BLVD 1111 10 $EP 29 0M 12: 50 SEASHORE & HI&RWRO Sent To: NEWPORT BEACH CA 92663 NEWPORT SEACIH --G - City Council FIC r F TI � 01 ( °K CLAIMANT COMPANY"✓ i r' ;C H JOHN DEERE LANDSCAPES, INC. LAURIE POLLARD 1425 N MC DOWELL BLVD #125 PETALUMA CA 94954 JOB #3004 City Manager _ City Attorney C# 4338 File �y f has furnished, or agreed to furnish, the following labor, services, equip me it ni in W1111al.. LANDSCAPE & IRRIGATION MATERIALS and these materials were requested by and furnished to or for the following person(s) or company. TALCAL ENGINEERING INC THE PRIME CONTRACTOR TAL COHEN 22641 VALERIO ST WEST HILLS CA 91307 -1649 Total value of the entire amount of labor and materials agreed m befamished ----- 25,057.39 Value furnished to date ----- ------------ ---------- - - - - -- -------- 25,057.39 Refunds or credits given ---------.... ,------- -- ---- ----------- - - - - -- 0.00 Payments received by Claimant to date __ _____________________ -------- 0.00 ''Total amount due Claimant after all credits and offsets _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . 250057.39 YOB ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 25,057,39 and in addition to due amount, sufficient funds to cover interest, court costs and reasonable fitlgatlon costs, to the extent provided by law. COMPANY; [Claimant] JOHN DEERE LANDSCAPES V E R I F I C A T 1 O N I, the undersigned say: l am the CREDIT ANALYST of the claimant ['Owner or, 'President or, 'Agent o , ETC ] named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of penury under the laws of the State of California that the foregoing is true and correcL Executed on 09128!2010 at PETALUMA CA [Date] r j e--, �'jlty /State,]y Dy: REQUEST IFOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold fulnds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, PLEASE SEND NOTICE of such election and a copy of the bond!. within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Signed: [Claimant must enclose self - addressed Stamped envelope ] Forms by Caprenos Inc. PREMIUM IS FOR TFM CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT EASED ON FINAL CONTRACTFRICE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO, 4338 BOND NO. CF1777 Executed in Four Originals FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,662.00 being at the rate of $ 30.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Tall Cal Engineering, Inc., hereinafter designated as the 'Principal', a contract for construction of WEST NEWPORT LANDSCAPING PROJECT, Contract No. 4338 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. 4338 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; Tal Cal Engineering', Inc. NOW, THEREFORE, we, the Principal, and Contractors Bonding and Insurance Company , duly authorized to transact business under the laws of the State of California as Surety .(hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Eighty-Eight Thousand, Seven Hundred Forty and 751100 Dollars ($88,740.75) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal. or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration. thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 1 st day of February , 2010. AL I �V1 Tall Cal Engineer' g, Inc. (Principal) Contractors Bonding and Insurance Company, Name of Surety P O Box 9271, Seattle, WA 98109 Steptianie Pham, Attorney -in- Fact',' Address of Surety Print Name and Title (800) 765 -2242 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 •....•.0 ns.anx .................J..•...... X..• u. .... a ur State of California County of ;DS 4�7rAelo.1 } ss. On FeibY,,ov47 t , ;Lo lo _ before See Attached me, PGLA�/t_0 %av-ti,,� Notary ✓ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Sign NATHALIE HAWAN COMM #18264t8F N Hr Notary PWRO Califorma W v)$,�NGELES COUNTY A cumn. Ex . DEC 1r 2812 (seal) OPTIONAL INFORMATION Date of Document Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney CEO /CFOICOO President / Vice - President / Secretary / Treasurer Other:. _ Other Information: 30 Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA Countyof Orange On / 1 / U before me, Barbara Copeland, Notary Public Date ere Insert Name and Title of the Officer personally appeared Stephanie Pham Names: of Signers) BARBARA COPELAND Commission # 1845510 a Notary Public • California Orange County Comm. Expires A r 19.2013 who proved to me on the basis of satisfactory evidences to be the person(s) whose name(s) is7are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/ her /their authorized capacity(ies), and that by his/her /their 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.myha and official sev�al..��"" Signature c.J 04 euAlr � Place Notary seat Above signature of Notary Public .OPTIONAL Though.the information Below is not required bylaw, it may prove valuable topersons ;relying on the document and could prevent fraudulent removal and reattachment of this form.to another document.. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signers) Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate Officer — Tfle(s): El Partner ❑,Limited ❑General C1 Attorney in Fact El Trustee ' ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Signer's Name: ❑ ]nt)ividual ❑ Corporate Officer— Title'(s.): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ' ❑ 'Guardian or Conservator Top,afthumb here ❑ Other: Signer Is Representing; X2007 Nafpnal Notary psspciafion • 93SdIlSa Soto Ave., PO acz 2402 • Ghetsvtorlh'pA 91313 24D2 • Wwvy NahonelNOlery org: Item 55907 Reorder Call 7o11 -Free t- 800 -M -6827' UM 1 'i � 1 '. I t 1 �� , � ' 1�' U ! �' • i 9 1 fir" � 4 The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed the Attomey(s) -in -Fact identified on the front side of this power of attorney, under and by the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee ") may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may remove any such attorney -in -fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: (i) when signed by the Authorized Officer or Employee and attested and sealed (if a seal be required); or (ii) when signed by the Authorized Officer or Employee, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in- fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attorney and attorneys -in -fact remain in full force and effect; that all forms of powers of attorney previously or in the future approved by the Board of Directors, including, but not limited to, so called "fax or facsimile powers of attorney ", where the entire power of attorney is a facsimile, remain in full force and effect, and that one form of a power of attorney may be attached to one bond (for example, the form for which this resolution is a part may be attached to a bid bond), and another form of power of attorney may be attached to another bond (for example, a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of either power of attorney or bond. IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary, and its corporate seal to be hereunto affixed this 13th day of June, 2007. Don Sirkin, President State of Washington County of King Attest: R. Kirk Eland, Secretary On June 13, 2007 before me, Brenda J. Scott Notary Public, personally appeared Don Sit kin and R. Kirk Eland personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me all that they executed the same in their authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument. WITNESS my hand and official), seal. Signature W p (seal) Brenda J. Scott, Notary Public �EWPoRr CITY HALL p� m Office of the City Cleric � °• "> Asa - U s 3300 Newport Boulevard +,j i� ��. n2 00.538 DO04'25890 9 c4 P 1 g 2010 P.O. Box 1768 ., MAr LE!:� FROP4 DPCODE 92563 c9G FORN`P Newport Beach, California 92658 -8915 RETURN SERVICE REQUESTED C� \ Mr. Adi Levy Tal Cal Engineering, Inc. 22641 Vallenc \` West Hills, C. 9113 NF£ 1 6102 00'09/20110, _ RETURN 'to SENDER - -� 7334C70PANGANCCANVON SLVD ST£ 201 CANOGA. -PARK CA 91303 -3343 - �jta:`I.C�� RETURN 70 SENDER FGJFWKO • OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC September 16, 2010 Mr. Adi Levy Tal Cal Engineering, Inc. 22641 Vallerio Street West Hills, CA 91307 Subject: West Newport Landscaping Project (C -4338) Dear Mr. Levy: On August 10, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on August 18, 2010, Reference No. 2010000401306. The Surety for the contract is Contractors Bonding and Insurance Company and the. bond number is CF1777. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -.3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO. 4338 Premium listed on Performance Bond BOND NO. CF1777 Executed in Four Originals LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California; by motion adopted, has awarded to Tal Cal Engineering, Inc., hereinafter designated as the "Principal," a contract for construction of WEST NEWPORT LANSCAPING PROJECT, Contract No. 4338 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. 4338 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: Tal Cal Engineering, Inc. NOW, THEREFORE, We the undersigned Principal, and, Contractors Bonding and Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety) are, held firmly bound unto the City of Newport Beach, in the sum of Eighty -Eight Thousand, Seven Hundred Forty and 75/100 Dollars ($88,740.75) lawful. money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION Of THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fair to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond,.a reasonable attorneys.fee, to be fixed by the Court as required by the provisions of Sectiori 3250 of the Civil Code of the State of Califomia. 32. 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 perforated thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications_ In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 1st day of February , 2010. AAA' /vs/ 7ral Cal Engine mg, Inc. (Principal) Contractors Bonding and Insurance Company Name of Surety P O Box 9271, Seattle, WA 98109 Address of Surety (800) 765 -2242 Telephone Stephanie Pham, Attorney -in- Fact,', Print Name and Tifle NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 ACKNOWLEDGMENT ......... ....... ................................ ..... ..... ........ ............1 State of California County of 1os 4,30 al e� } ss_ See Atta/cheddJ / On VCb"61n4,'. ao /v before me, %lctrhd /eZ Notary Public, personal appeared /fir( ; !`eve proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF. PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur - Date of Document NR'rHAt.tf =TAN COMM 91826989 ' r MyCDiimEmx0ECI&2D12 OPTIONAL INFORMATION Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attomey CEO /CFO /COO President / Vice- President ! Secretary I Treasurer Other: Other 34 (seal) Thumbprint of Signer C) Check here if no thumbprint or fingerprint is available. :CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT . . . . . . . . . . . . . . . . . ............. -M STATE OF CALIFORNIA Ceuhty of Orange On al) /1(:) _ before me, Barbara Copeland, Notary Public Date Here Insert Name and Tifle of the officer personally appeared Stephanie Pham Narne(s) of S-Uner(s) r BARBARA COPELAND r - - - - - - - m- m-1 s-s I on -# 18-4 5-5 1-0 - - L Notary Public • California Orange County JaMy Comm. Expires Apr 19. 2013 whoptovedto me on .the basis ofsatisfactory evidence.to be the person(g) w1hb§6 narqO,(s) istare subscribed i to the within instrument and acknowledged to me, that he,sbellthey executed 4he.same in ffis/her/their-authori2ed capOdty(ies), grid that by'hig/h0 I s ftheir §idnature( ) on the instrument I rument the peirsqn(s),, or the entity upon behalf of which the pejson.(s) acted, executed the instrument. lcortify under 'PENALTY OF PERJURY under the laws of thiaState of Calif6thiathat the foregoing pard�raph is4rue and correct: Wrtnessmy';'fia. dand ofiiciatsezu. Signature 6%LLAur_Q_ P1466 Abbie SSiignawro btNdtary'Public U fbaLigp iher,inforr)iafi,on below is not treqtAredby1aw, kntiayprove, valuablie to p&'Sonsr6ty.ing'on.ihe:.6r6troment and could, prevent fraudulent rerta4l And reatiadhment of this foini to another document.. Vescripflonef Attached.Docurnerit Title, or Type of Document: $jqp@r(0 0(herThIAn tapacitylies),rdiii1mw by Signers) jSqn.elt's'Name.. Stephanie Pham ❑ 'indM60 Attorney in Fact. Cl Trustee El Guardian or On T V of thmmb"lhem Signer is R �4urnbdtbf koes- ,Sighqris N*w El Ijorporrababtfic6r —TAle(s)- Partner obmito tj General ❑ Mornay ey [a Fact El ThIsfoo Guardian or Cqpservapr: Tbp. <of'thyryltr Here ❑ Other: S guar jaflpp Olin P -91" res @ „2p07 Na &onal,Nafgry A,saogatron. 9954 De Soto AvQ I -24024,*W.NagoninNotagy.ft Itim#507 Reo* -ff 1,600-07648027 ((� ��((��'�� oalcrl m official Records Orange CO"Idy RECORDING REQUESTED'$I��AY \/ ' Duly clerk Reorder WHEN RECORDED RETURN TO: ��IJlilll( ��Vlliufll��Illll�liilllli ,il�llllllll NO ILL no AUG 26 !iM S 5710000401306 3.42 pm 08/18/10 City Clerk 106 409 N12 1 City of Newport Beach OFFICE OF 0.0o o.c,o () .00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard THE GTY CLERK Newport Beach, CA 92660TY OF I'E% "IPORT SE0 "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 TalCai Engineering: Inc., of West Hills, California, as Contractor, entered into a Contract on February 9, 2010. Said Contract set forth certain improvements, as follows: West Newport Landscaping Project (C -4338 Work on said Contract was completed, and was found to be acceptable on August 10, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Contractors Bonding and Insurance Company. WWorks Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �A/► y Q� Executed on ' ��(u►V II, v4r at Newport Beach, California. BY 4A4�z , City Clerk lv .J� CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT j V-J1b ;(v AUG 1 n 7ntn August 10, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Junior Engineer 949 - 644 -3321 or ptauscher @newportbeachca.gov SUBJECT: WEST NEWPORT LANDSCAPING PECT— COMPLETION AND ACCEPTANCE OF CONTRACT N 433 ISSUE: Staff is requesting approval to accept the West Newport Landscaping Project Contract No. 4338 as complete. RECOMMENDATIONS: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. - 3. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION: Summary of Completed Construction Contract Construction Contract Final Cost at Benchmark Contract Time Award Amount Completion Target Actual Time Underor (days) Over $88,740.75 $89,140.75 Contract Contract 64* (7) Plus 0 %0 <1% On February 9, 2010, City Council authorized the award of the West Newport Landscaping Project to Tal Cal Engineering, Inc. (Talcal). The contract provided for removing and disposing of existing landscaping, irrigation, concrete sidewalk and curb, and other related materials; and installing landscape materials, irrigation system, West Newport Landscaping Project- Completio. _nd Acceptance of Contract No. 4338 August 10, 2010 Page 2 concrete pavers, retaining wall, concrete curb, and three parking pay station concrete foundations. 1 The project encountered seven days of unforeseen delays during the work primarily due to material procurement issues and construction complications caused by the pre - engineered retaining wall. 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: $88,740.75 Actual cost of bid items constructed: $88,74075 Total change orders: $ 400.00 Final contract cost: $89,140.75 The final overall construction cost, including one change order, was less than one percent above the original bid amount. The change order consisted of adding irrigation components to possibly provide additional landscaping in the future. Item No. I Description Amount 1 1 Adding irrigation components for future use $400.00 Total Project Change Orders $400.00 A summary of the project schedule is as follows: Project Award for Construction: February 9, 2010 Date of Notice To Proceed (NTP): March 15, 2010 Contract Completion Date per NTP: June 7, 2010 Actual Construction Completion Date: "June 22, 2010 Contract time was extended from 60 days to 64 days due to adverse weather conditions. ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 Class 4 (b), of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. PUBLIC NOTICE: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. West Newport Landscaping Project- Completii,_ _'nd Acceptance of Contract No. 4338 August 10, 2010 Page 3 Prior to starting work, a City - prepared construction informational notice was distributed by the Contractor to residents within the work vicinity. The notice was distributed 48 hours before the work commenced. FUNDING AVAILABILITY: In addition to the original construction contract, this project involved other project expenses, as summarized below: Construction $ 89,140.75 Landscape Architect Consultant 10,827.86 Incidentals 323.15 Total Project Cost $ 100,291.76 Funds for the construction project were expended from the following account: Account Description Account Number Amount General Fund 7023- C4002007 $89,140.75 Total: $89,140.75 Prepared by: Submitted by: Peter Tauscher eph . . Badum Project Engineer Pull orks Director Attachment: Location Map L :JL="l p__j LL12 w SITE #1 WEST COAST HIGHWAY SITE #3 U) SITE #2 ui ui to 1 0 L —VICINITY MAP N.T.S. CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 26th day of January, 2010, at which time such bids shall be opened and read for WEST NEWPORT LANDSCAPING PROJECT Contract No. 4338 $112,000.00 Engineer's Estimate Viephen G. Badum ublic Works Director Prospective bidders may obtain one set of bid documents for $15.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project., "A" or "C -27" For further information, call Peter Tauscher, Proiect Manager at (949) 644 -3316 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http: / /www. NewportBeachGA.goV CLICK: Online Services I Sidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO. 4338 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS.. .................................................................................... 3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO. 4338 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 512 SZ H 2 A Contractor's License No. & Classification nair I C a t`f 6 I nl C- Bidder ill go-e5 Auth r ed Signature/Title 1-Z1— 2ot0 Date CITY OF NEWPORT BEAUH PUBLIC WORKS DEPARTIVIEN I' WEST NEWPORT LANSCAPiNG PROJECT CONTRACT NO. 4333 BIDDER'S BOND 'TalCal Engineering, Inc. "Contractors Bonding and Insurance Company We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of (10%) Ten Percent of the Total Bid Amount Dollars.($ 10.0% of Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of WEST NEWPORT LANSCAPING PROJECT, Contract No. 4338 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beads and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its. obligations under this Bond. Witness our hands this 20th day of January 2010 TalCal Engineering, Inc.[ff �fSdQ F/ r Name of Contractor (Principal) Authorized SignatureMile Contractors Bonding and Insurance Company < i dj�— Name of Surety Au hori d A ent Signature P O Box 9271, Seattle, WA 98109 Address of Surety (800) 7652242 Telephone .Stephanie Pham, Attomey -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT State of California County of 10 s OnTLkA%& 05,x010 before me, (insert name and title of the o eY)— personally appeared f-Atl 1 %-.�PaJ who proved to me on the basis of satisfactok evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir 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. NATWWE HAWAN COMM;it820NO N W NiL (Seal) Comm. .DEC1 2112 .- NiA ALL-PURPOSE ACKNOWLEDGMENT �2 ": %L "y�,yN `br<`a�.�.�c� ��nyT" .A,�ty,• -y " ..��, .. yi`�'" s'i Ni"a*Z�.�!'.�� 'eTi�° Fei '�/!:'e. "y' N�,'�r'JC"e]Ca'r`el'i N>',_ e STATE OF CALIFORNIA County of Orange or, 'LO o before me Barbara Copeland, Notary Public Date Here Wait Name and Tdie of ere Officer personally appeared Stephanie Pham Name(s) of Sinner(sI BARBAAACOPEIANO Commission er 1645510 Notary Public • Callfornla Orange County SMY Comm. Exalres ADr 19, 20131 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /shelthey executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and con ict: Witness -my han and official seal. �' n Signature C/j�6fL6Ckak Place Notary Seal AbM Signatwe of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate Officer — Titfe(s): ❑ Partner— ❑ Limited ❑ General ❑ Attomey in Fact - ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: ® 2007 NBlianal Nolary Associative •935D De SooA a.. P.O. am, 2402• Cha!&ncnh,CA QUM402,m ,Nafiw,nNO ryo'g Ileme5907 ReoRM: G6Td1 -Fes 48W8]&9927 CAREFULLY- f'- to be used only with the bond specified herein Certificate of Appointment and Resolution of the Board of Directors The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed the Attorney(s)-in-Fact identified on the front side of this power of attorney, under and by the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee ") may appoint attorneys -in- fact or agents with authority as defined or limited in the instr unentevidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and anv Authorized Officer or Employee may remove any such attomcy -in- fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: (i) when signed by the Authorized Officer or Employee and attested and sealed (if a seal be required); or (ii) when signed by the Authorized Officer or Employee, and countersigned and sealed (if a seal be required) by a duly authorized attomcy -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in- fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attorney and attorneys -in -fact remain in full force and effect; that all forms of powers of attorney previously or in the future approved by the Board of Directors, including, but not limited to, so called "fax or facsimile powers of attorney ", where the entire power ofattomey is a facsimile, remain in full force and effect, and that one form of power of attorney may be attached to one bond (for example, the form for which this resolution is a part may be attached to a bid bond), and another form of power of attorney may be attached to another bond (for example, a tax power of attorney may be attached to the final bond for a project for which the different font ol'power was attached to the bid bond) without affecting the validity of either power of attorney or bond. IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary, and its corporate seal to be hereunto affixed this 13111 day of June, 2007. O� Don Bittern, President State of Washington County of King Atlest K. Kit Eland d. Secretary On June 13, 2007 before me, Brenda J. Scott Notary Public, personally appeared Don Sirkin and R. Kirk Fland personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me all that they executed the same in their authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument. WITNESS my hand and official seal. t'AtrrpP, J. ON Signature Yc A (Seal) Brenda J. Scoll, bloiary Public Lie Contractors Bonding and Insurance Co A P,ur this paq Area 8sa This relin is I O"It Riuli'g, A.M. Best #:02719 NAIC4:37206 FEIN fi:91-10a2952 assigned ici inauNd - 818t , rengo I R : aft ngs comPintieli A 7!9 suer Credit Flating& that have. in Address PO Box Seaulle WIN 96109 -0271 our ophuon, an excellent ability to meet ..... ............ ......... *VeosvtRatings 'dtirl—D STATES thetrongoing obligafiansto, Finda Best pacyholders, t Sts alings Phone 200 -622-7053 foT, c ,wa :ax 206343-7979 Spedaff -ons' ;;i Web It cb:c coin . In Bests Ratings ark DI, J, for- Se "OK Rated :;;1:1. Financial Strengpii Ratin View Definitions lilsitipfcradit Ratings View Definitions -gs Ji GJAW i Rating: A (Excellent) Long-Term:a+ Financial Size Category.Vlll ($100 Millionto OutloolcStable V &,Rc,,1,mo Tel $250 Million) Action: Affirmed Outlook: Stable Date: May 28,2009 Select, Actlon: Affirmed I an.; EffectNe Date: May 28, 2009 sI Denotes Under Review Ratings See rating definitions. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO. 4338 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number. r�I CAI t>j G (13 C_ 49L P4-s, nE'r Bidder Authorized Signature/Title 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO. 4338 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!) Please print or type. Bidders Name 'ra l t n I t 1,4c- FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No.1 Project Name /Number 11-d(ntC ; e kka e e Project Description LAnj N S Ct*pfNG- Approximate Construction Dates: From NA/ V9 TO: ,�t��Y 09 Agency Name nr:P_w P61- I? e% Contact Person FLA.rjK /W Q+r ItJ Telephone (94 7i s` G� YY Original Contract Amount $ 0 060 Final Contract Amount $ 12 0 U 0 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 Project Name /Number Stn 8 Qt(4I,J 1/4 4;' d Project Description SIAB z)AA.Iw Approximate Construction Dates: From ,I'-14 1Y 0% To: A.LIG tl Agency Name /A t'' P o I- a hli- V H Contact Person At c- HNC � S T G l4If Telephone (QW 2�3 7 Y40 Original Contract Amount $ 2 Sa 004:inal Contract Amount $ 2 Go 06 d 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 k t VG IF S 10 f ,c 10 OD c JwI T I-d (+✓4 Project Description gld ck Wa l/ Approximate Construction Dates: From 44AC AJ To: S ja 04 Agency Name Ht/��' 0C- C0 AAt?-Y Contact Person iIM FAG 6 Telephone (909) S-649 /i 0Y'9 Original Contract Amount $ k 000 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name /Number W6 Rd a 1 W!st I k W,4-4 Project Description RAW n/S Approximate Construction Dates: From k T di To: Ar U dy Agency Name C f 7'y d ,C C Rf t l A/T 9—k(A Contact Person S 0 kIJ PAKII? Telephone (W 600 S�P YS Original Contract Amount $ 3dOtltl Final Contract Amount $ 1p J Otl 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 /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( ) Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder Authori Signature/Title 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO. 4338 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County off L .* A ) / / d Le Q V being first duty sworn, deposes and says that he or she is eS t ^ T of j AL C4 t'NCS I,J Q , the party making the fo egoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of Calif tr3f the foregoing is true and correct. TA-1 col eric low wtoe Bidder Aut Ized Signature/Title Subscribed and sworn to (or affirmed) before me on thisd� day of � 2010 by / - '�- Z11 _ t-t personally known to me or proved to me on the basis of satisfactory evidence to bL the person(s) who appeared before me I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public 7 NA K'1 * F1Av rAw OMM (SEAL] UWANGIMICUM My Commission Expire / Qr yjvaold Cann .DECi8,2012 13 Bidders CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO. 4338 DESIGNATION OF SURETIES I Jr Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurancelbond type): piNests cL.c step -c--, —y 4- ,,S seFvrces /rl QIM145 pr Suirf 6 — ? a/ C qrN k—e S.4 cr4 5 Z6 z 7(V S-V 6 S /oa 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO. 4338 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 7`61 CAl t; M(g 19 C Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. -------------------- - - - - -- Current Record Record Record Record Record Yearof for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts y G 0 Total dollar Amount of Contracts (in 00 /Yd o Thousands of $ No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. -------------------- - - - - -- Legal Business Name of Bidder 7'A( C49/ .4c— 1 ti C- Business Address: z 2 6 y t o Y wit ? �tji Business Tel. No.: cP66 S t h 7r y-7 State Contractor's License No. and Classification: 9 2 S Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title 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, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO. 4338 ACKNOWLEDGEMENT OF ADDENDA Bidders name 1`!4l cd 'cerG 1'j L The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: ndum No. 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO. 4338 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: r,4 CR)l E' ,16- IIJ c Business Address: 2-7-6Y/ Vlal e HO S7— Vr-e S 9— /,/l //S C ,a Telephone and Fax Number: $66 s o6 7e y i California State Contractor's License No. and Class: 9 2 S Z Y Z (REQUIRED AT TIME OF AWARD) Original Date Issued: (- 0 Expiration Dater( — 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: FAI The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone X401 /ivy C0kl.'J A6RS�/3c -1✓i 2Z ky Val ept d S ?-- W f f i N /!l S C/9 i /3y"? (P blG S`a& 7 IL/ -7 Corporation organized under the laws of the State of 18 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No Are any claims or actions unresolved or outstanding? Yes / No 19 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. 7-a( Bidder AD) Levy cO eoJ (Print name of Ow r or President of Cor or ompany) P- eslnE'i+l orized Signature/Title Title / —z I - z d/0 Date On,_g6siA4 Z., do a before me, (� cx�lnalt � Na�ta personally appeared ►A t -Pal N/ Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by histher /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary• Public in aficrfor said State My Commission Expires:, Deazy r 1S j 01ol z iI] ,Q COMM *h Los W rynlpK.V 0QL4 • Cow, . QEc 1 2012 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO. 4338 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO. 4338 CONTRACT THIS AGREEMENT, entered into this �day of Fed, 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Tal Cal Engineering, Inc., 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: WEST NEWPORT LANSCAPING PROJECT The work necessary for the completion of this contract consists of mobilization, construction notification, traffic control, removing and disposing of existing landscaping and irrigation material, existing concrete, concrete curb and any other paving material to accommodate the project, installing landscape materials and irrigation system, installing concrete pavers, pre- engineered curb wall, constructing concrete curb, AC paving, parking pay station bases, maintaining landscape during the establishment and maintenance period, and all other incidental items of work necessary to complete the work in place. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4338, 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. 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 Eighty-Eight Thousand, Seven Hundred Forty and 751100 Dollars ($88,740.75). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Peter Tauscher (949)644-3316 Tal Cal Engineering, Inc. 22641 Valerio Street West Hills, CA 91307 866- 506 -7147 818 - 888 -5871 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 23 City reserves the right to require complete, certified copies of all required insurance policies at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceotable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and 24 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 25 All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 26_ H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other tern, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor TAIL CAL ENGINEERING, INC. By: (Corporat Offic Title: Print Name: 1 EV By: .4bl z- y (Einar /A I Offs r) Title: A91esi' Print Name: Please note: Corporations must complete and sign both places above even if each office is held by the same individual rtt PREMIUM IS FOR TM CONIRACr TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO, 4338 BOND NO. CF1777 Executed in Four Originals FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,662.00 , being at the rate of $ 30.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Tal Cal Engineering, Inc., hereinafter designated as the "Principal', a contract for construction of WEST NEWPORT LANDSCAPING PROJECT, Contract No. 4338 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. 4338 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; Tal Cal Engineering, Inc. NOW, THEREFORE, we, the Principal, and Contractors Bonding and Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Eighty-Eight Thousand, Seven Hundred Forty and 751100 Dollars ($88,740.75) 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, EN As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 1st day of February , 2010. / ✓Y Tall Cal Engineerrr g, Inc. (Principal) Contractors Bpndinp and Insurance Company Name of Surety P O Box 9271, Seattle, WA 98109 Address of Surety (800) 765 -2242 Telephone Stephanie Pham, Attorney -in -Fact' Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 ACKNOWLEDGMENT ................. ...................../......... •...... /.......... /...........1 State of California 1 County of Aa5 4& �l �J 1 SS. See Attached f On 6e I U efor me, Notary Public, personak appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign NATHALIE HAVTAN COMM #1820WL" m y NWsq PubXa-CeNbrno = W LOS.oNiE4E8 COUNTY C aw, E* DEC 1. 2012 (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee _ Power of Attorney CEO / CFO / COO President / Vice - President / Secretary I Treasurer Other: Other Information: RE, Thumbprint of Signer Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE . If d" "d i.� •.y.•..�' -� NG'N'Cd' "N' •. � 6•s °aytiay •.rt�{�v' N...•.da�uC'dC'N:`di"'.Y N S :J;:�..., �^.2�NY'd3 "e>S'� 4`3 "'N <`d�.'<Y4•.d` � STATE OF CALIFORNIA County of Orange On ;�- 1 I ) U before me Barbara Copeland, Notary Public Date Hm Insert Name and Tide of the Officer personally appeared BARBARA COPELANO Conwrisloa N 1815510 Notary PubHO • CsNfomla NqW OranOa County MY E - - - - - - - - - Comm. Ex Iran Apr It, 2013 r Stephanie Pham who proved to me on the basis of satisfactory evidence to be the person(s) whose name.(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct. Witness my hap)d /and official'sse"al.. �" o Signature g6Nv0 C,-) C.-ts&es�11r p Place Nclary'Seal Above Signatlae of Notary Public OPTIONAL Though the information below is not required by law, N may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Above: Capacity(tes) Claimed by Signer(a) Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate Officer — Titie(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other. Signer Is Representing: Number of Pages: Sign 's Name: ❑ Indivtdual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact = ❑ Trustee ❑ Guardian cr Conservator Top of thumb here ❑ Other: Signer Is Representing: J -- ® 2307 N nal NMary Association • 9350 Da Soto Ave,. P.O. SM 2402 • Cha6 Oh. CA 9191 &2402 • www.NAb0nalN0MWy.0Y9 Item #5907 Reorber: Call7dl -Rea I- SOM7au8E7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT LANSCAPING PROJECT CONTRACT NO. 4338 Premium listed on Performance Bond BOND NO. CF »» Executed in Four Originals LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Tal Cal Engineering, Inc., hereinafter designated as the 'Principal,' a contract for construction of WEST NEWPORT LANSCAPING PROJECT, Contract No. 4338 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. 4338 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: Tal Cal Engineering, Inc. NOW, THEREFORE, We the undersigned Principal, and, Contractors Bonding and Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as 'Surety) are held firmly bound unto the City of Newport Beach, in the sum of Eighty -Eight Thousand, Seven Hundred Forty and 751100 Dollars ($88,740.75) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attomey's.fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 32 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 1st day of February '2010. . LEVY/ Yat Cal Engirt mg, Inc. (Principal) Contractors Bonding and Insurance Company Name of Surety P O Box 9271, Seattle, WA 98109 Address of Surety (800) 765 -2242 Telephone Stephanie Pham, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 ACKNOWLEDGMENT State of California Countyy of las /-k �a d ai ss_ See Attached / On f 06YUaY�t_ 9, d-0l0 before 1 me, IUD AJiQ C ,1(tt- P, Notary Public, personal ppeared Glr� ; F.�V, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ZZ22 �:� Signatur NAT4w,lE HAVTAN Comm 41828989 �►• 0®',nGRESwaegLpu.Wm �■ M ONM DECt 1012 (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _ Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO / CFO / COO _ President I Vice - President I Secretary I Treasurer Other: Other Information: KLl Thumbprint of Signer p Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT d•" °dY.� `"P12�d4�r J,:::t aY �n"dy� :•➢ ".•i '!Y' d d' d'4` •'a�'y`iY `el H 'N>qN "':V<'YY.�'NAe?'�J `e?'G dY "� "e�Y' 4]' STATE OF CALIFORNIA County of Orange On all / J o before me, Barbara Copeland, Notary Public Date Here Insert Name and Title of the Oftar personally appeared Stephanie Pham Name(s) of Signer(s) BARBARA OPELAND It Commission N 1945510 9 Notary PubUS - California Orange County Comm. Ex Tres Am 19, 2013 r It who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(iss), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my he d and official sea[. Signature , A::t4=& Place Notary Seat Above SiWudure of Notary Public OPTIONAL Though the information below is not required by law, it may prom valuable to persons relying on'the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Capacity(les) Clal mod by Signer(s) Signer's Name: Stephanie Pham ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee e ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Number of Signer's Name: ❑ individual ❑ Corporate Officer — Title(s)_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here 02007 National Notary Aeeociafion • 9350 6e Sofa Ave.. P.O. Box 2402 • CNatswortry, CA 9131 &2402 • v W..NafionaiNOlary.org Rem 05907 Reoreer: Cell Toll -Fee 1�1i 27 UIdJdip palfroads puoq dljp Ij ;! a dit/0 pawl aq o� - 'j77 ,qd3Hi'J CI N Certificate of Appointment and Resolution of the Board of Directors The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed the A ttomey(s)- in- Fact identified on the front side of this power of attorney, under and by the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary. and any other employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee ") may appoint attomeys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and surety- ship obligations of all kinds; and any Authorized Officer or Employee may remove any such attorney -in -fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: (1) when signed by the Authorized Officer or Employee and attested and sealed (if a seal be required); or (ii) when signed by the Authorized Officer or Employee, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in- fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attorney and anomeys -in -fact remain in full force and effect; that all forms of powers of attorney previously or in the future approved by the Board of Directors, including, but not limited to, so called "fax or facsimile powers of attorney ", where the entire power ofatiomey is a facsimile, remain in full force and of %ct; and that one form of a power of attorney may be attached to one bond (for example, the form for which this resolution is a part may be attached to a bid bond), and another form of power of attorney may be attached to another bond (for example, a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of either power of attorney or bond. IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary, and its corporate seal to be hereunto affixed this 13th day of June, 2007. Don Sirkin, Pres -3ent Attesti R. Kirk Eland, Secretary Slate of Washington County of King On June 13, 2007 before me, Brenda J. Scott Notary Public, personally appeared Don Sirkin and R. Kirk Eland personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me all that they executed the same in their authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument. WITNESS my hand and official seal. Signature_ (seal) {` � e �� euc nrcnda J. Scott, Notary Public ,� � e. ACOR© CERTIFICATE OF LIABILITY INSURANCE I GATE (MM OO YYYYI 0210512010 PRDaucER THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Groat InSUlance Services HOLDER_ THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 66N Rosada BWd Suite 108 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Reseda CA 91935 .618 -144 ,4 INSURERS AFFORDING COVERAGE ( NAIC 8 , INsunv TALCAL ENGINEERING INC. m A. NEVI IIHBUTanC@ COm 8 ..__, 42367 22841VALERIOSTREET wsyaERg _,SUAlnsufamxCompan�„35514. 's WBIIRER c. National Union Fire InaUTdTlce Co IAIGI 19445 WEST HILLS CA 91307 NBURER o ,_ NTGMLAJ_TNy.-3 THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERN OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V1sTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TAE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 3390 NEWPORT BOULEVARD NaAAUBL .NUMBER ,POLICY PD MHON UNITS GENERAL EACH 00CURRENCE ! 1,660,600 A X DENERA6 LueAln i 04- 18104586 .1110512009 121D5@610 I OA T RENTEo PA WiRFR p „a....d,-, so w000 coos MADE I x— OCCUR I MW 14F (6m 202 IsUST) S S 000 __ ..... ; I P�sDNAL aAOV Iwuzx a 9 006,60D _ JC 51.006 t I:ERAL AssREOATE .� ,DATductblB: �GENL AGGREGATELIMR APPLIES PER• i � PRODUCTS COYWOP AGLa_ 3�_O6O.DOO__. .. PalcY' X an.. F ge auTaJOBILELUUSUry COMBINED SINGLE LNArt ,.MY AUTO ! L___ ALL OWNED AUTOS ' SCHEDULED AUTOS � MIRED AUTOS BOtLYIN�y I S! i : NON- DWNEDAUTOS PRAMAGE ! .AeA LY1atuv ; IAUTD Y.:EjAACCIDERT 1,I..._ . ANYAOTO I ACC s .�.. — AUTO I ONLY, P.YC�BIUYBREUALABRRY "ON OCCURRENCC _. ! 5y000U000 ... C . x OCCLR DLUYa MADE, EBU20G43997 1MSM09 i 12M M10 A GR ATE 5.000.000 . i ProdtPels 8 0 T; ?>_Wo 000 X DEDUCTIBLE Cases Response - 3 250,069 . 4EfEHTIfiN 1 CasuawCt A� ' S Kew WOMERS 0I0ENSATION AND 1xi WC STATI4 pT14: . B EMPLOYERTUABIITY WSATMEC30466661 i i2 isr20Ii9 '11211500110 ' E.L EACiNAGCI�NT ! Sy000,000 AN1' PROPRIETORPMTNERIE(ECVTIVE . 0FFCERiMEMBEREXCLUDEDT .. -. E.L. 019EASE -EA EMPLOYE 1 OOBi000 ` H s,IRa9Ln0ewtler EI, DW.AZE - POLICYLWR S i 666060 OTHER i i D RMPTION OF OPBRATIONSI LOCATIDNe r VENICLSSI MLISIONS ADOW BY ENDORSEMENT I SPECIAL PROVISIONS ADDITIONAL INSURED: CITY OF NEWPORT BEACH, 3300 NEWPORT BEACH, NEWPORT BEACH, CAOMS THE CITY ITS OFFICERS OFFICIALS. EMPLOYEES AND VOLUNTEERS. The Insurance Program of the City of Newport Boach.sh all be excess Of this Insurance and shell not contribute with it. it has been confirmed by the carrier that loss or liability of the named Insured Is Not limited solely by their negligence. CPRTNFICATP twu Opp CAMT]PI I ATM AL. AI tLWlruul WAVWK A. VUHP I AVIV IWO SHTNILGANYOFTHBABMr; DEBCWBW POUCMBECANCOA"BEFOREnE EMPtATNIN CITY OF NEWPORT BEACH DATE THEREOF, THE WSUBIO INSURER WILL BIOGWOA TONAL 30 DAYS W WrTEH 3390 NEWPORT BOULEVARD NOTICE TO THECERRFCATE HOLDER KWIC TOTHELEPT,BIT FAUN 70 DO SO SHALL PO BOX 1768 WPM NO OBLIGATION OR LIABILITY OF ANY KIND UPON TIE INSURER, ITS AGENTS OR NEWPORT BEACH, CA 92666-6915 REPR13SKTATIM AITWO EDREPRESENTATNE cfJII(> AL. AI tLWlruul WAVWK A. VUHP I AVIV IWO V BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number. 04• Loj04680 Endorsement Effective: 02/05/2010 1201 a.m. Named Insured TAL CAL ENGINEERING INC, DaA: TAB CAL ENGINEERING INC Countersigned By: E5 Any person or organization that the named insured is obligated by vifWe of a wrWAn contract or agreement to provide insurance such as is afforded by this policy. l 0.ac ..I (If no entry appears above, information required to complete this endorsement will be shown In the Declarations Its applicable to this endorsement) A. Section 0 — Who is An insured is amended to include as an insurer the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed. for that insured. B. With respect to the insurance afforded to these additional Insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or' property damage" ocourrirli after: (1) All work. including materials, parts or equipment fumished in connection with such work, on the project ( other than senr=. maintenarrne or repairs) to be performed by or on behalf of the additional Insured(s) at the sue of the covered operations has been completed: or (2) That portion of "your work" out of which the injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The. words `you' and 'your refer to the Named Insured shown in the Declarations. D. 'Your work" means work or operations performed by you or on your behalf, and materials, parts or equipment furnished in connection with such work or operations. Pnmary Wordiro If required by written contract or agreement: Such insurance as is afforded by this policy snail be primary Insurance, and any Insurance or self insurance mardained by the above ad0donal insureds) shat be excess of the insurance affordedtio tin; named insured and shag nMCorttrthute to it Waiver of Submnation If required by written contract or agreement We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of 'your work° done under a contract with that person or organization. AN F- ES 043 (5/2006) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pofty(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endarsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endersement(s). DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contrail between the Issuing tnsurar(s), authorized representative or producer, and the cardficate holder, nor does it affirmatively or negatively amend, wdend or alter the coverge afforded by the policies listed thereon. State Farm Mutual Automobile Insurance Company R 23675 -1 -H MUTL VOL 900 Old River Road DECLARATIONS PAGE Bakersfield CA 93311-0001 NAMED INSURED Arz 75- 1327.1 H A POLICY NUMBER 258 9195 -E07 -750 TAL CAL ENGINEERRI NG, INC oo POLICY PERIOD NOV 07 2009 to MAY 07 2010 22641 VALERIO ST WEST HILLS CA 91307 -1649 STATE FARM PAYMENT PLAN NUMBER 1083469623 AGENT JASON SLIWOSKI 620 LINDERO CANYON RD OAK PARK, CA 91377 -5456 DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE. PHONE: (818)707 -2305 or (818)889 -3268 1999 GMC YUKON SPORTWG 1GKEC13R9XJ764242 OH3HBX10 1999 See oil c for covera a details. GMC { ((j Limit of Liiaf�bilitx- Coverage A i.Y U Uninsured Motor Vehicle $22.70 Each Person Each Accident y� U1 Uninsured Motor Vehicle Property Damaae $5.50 h; Your policy consists of this declarations page, the policy booklet - form 9805A, and any endorsements that apply, including {hose issued to you with any subsequent renewal notice. Replaced policy number 2589195.75C. WORKERS: COMPENSATION AND EMPLOYERS LIABILRY)N$URANCE PCILICY: , WAIVERt;t1F- OUR.RIGHT :T6 RPiS9VERFROM`UTf)ERS ENDC±R'SENAFNf 1C/► t: FORMA l . WC 04 09:06 (Ed.. 4-84) We have the #ghtto rechyer our. paymeerts'frotn mnyone Ifabfe :tor an ir8ury Cotiar"Ahis policy. We will not enforce'dur nghY.aga nst the parson or orgeifiYatlttn named is ths:5dheddle. (TMs:agreement applies , t you perfarrti wottr under a written oontractthatrequires ynp to oglain. this agraigrrienl_froin us,} ` You must main in.payroll records'accurately segregaf�ngthe remunarafion of your employe0O -W je erigaged inlhe work descditred in the Schedule. The additional premium for this endorsement shalt-be,-$250 or 3,% of thei California Workers' Compensation premium otherwise due en such remuneration. person orOFganiza09n Cif of Newport Beach 3300 Nevippit Blvd: PO Box 1786 Newport Beach, -%A 92658.9915 Reason for Request: Contractor Requirement SCHEDULE Jo! b, Description Contract #4338 Oasis-Cod 0: 042 PayroIl'tor:(ob: $20,000 Date of Job: 02-.0910 Length of. ;Soh: 3 weeks This endorsement changes the policy to which it Is Mached and is effective on the data issued - untess otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Policy Number WSATMEC 30466801 insured:. Tal Cal Engineering, Inc Endorsement Effective: 0210512010 Coverage Provided by: SUA Insurance Compan Issue Date: 0 210 6/2 01 0 Countersigned by: p ; '\, n 114 t`l WC 04 03 06 (Ed. 4.84) 0986 by the Workers' Compensation In"rarim Rating Bureau of California All rights reserved. From the WCIRWs Colifamia Workers' Compensation Insurance Forms Manuel 02001. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 02/16/2010 Dept. /Contact Received From: Shauna Oyler Date Completed: 0211612010 Sent to: Shauna Oyler By: Michelle Ross Company /Person required to have certificate: TalCal Engineering GENERAL LIABILITY ® Yes ❑ No A. INSURANCE COMPANY: Navigators Insurance Co. B. AM BEST RATING (A: VII or greater): "A" (X) C. ADMITTED Company (Must be California Admitted): $1,000,000 Is Company admitted in California? ® Yes ❑ No officers, officials, employees and volunteers) :Is it included? $1,000,000 with a D. LIMITS (Must be $1 M or greater): What is limit provided? $5,000,000 Umbrella E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (Completed Operations status does ❑ Yes ❑ No not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail: per Lauren Farley, the City will accept the endeavor wording. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: State Farm Mutual B. AM BEST RATING (A: VII or greater) "A + + "(XV) C. ADMITTED COMPANY (Must be California Admitted) Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers) :Is it included? ❑ Yes ® No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: National Union Fire Insurance Co. (AIG) B. AM BEST RATING (A: VII or greater): "A" (XV) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Auto) Additional Insured Endorsement is missing Ed. 8 2009 ❑ Yes ® No Check a License or Home Improvement Salesperson (HIS) Registration - Contractors Stat... Page 1 of 1 Department of Consumer Affairs Contractors State Li a oard Contractor's License Detail - License # 925242 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 (B8P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure wilt appear below. Click on the link or button to obtain complaint and/or legal action information. Per S&P 7071.17, 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: 925242 Extract Date: 01/27/2010 TAL CAL ENGINEERING INC Business Information: 22641 VALERIO STREET WEST HILLS, CA 91307 Business Phone Number: (866) 506 -7127 Entity: Corporation Issue Date: ....__.__. ............... .... 11/24/2008 .........._._.... . _.._...... ........ ..... ..... ....... ..... .. .. _........................ Expire Date: ._ .... 11/3012010 License Status:_ _ _ _ ................... This Ilcense is current and active. All information below should be reviewed. .._.. ..._ _...... .. _. ..__ -.. .. ___________.... .... ........ CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR ... ....... CONTRACTOR'S BOND This license filed Contractor's Bond number 100053865 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 0910412008 Bonding: ----- _...____ ........ ... ...._._____.. .. .. ... _._____.._.._. BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer I RMO) AZUKA EMMANUEL EGUN certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 1112412008 This license is exempt from having workers compensation insurance; they certified that they have no employees at this time. Workers' Compensation: Effective Date: 05/01/2008 Expire Date: None Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use I Privacy Policy Copyright O 2010 State of California https: / /www2. cslb. ca. gov/ OnlineServices /CheekLicense /LicenseDetail.asp 01/27/2010 Business Search - Business Entities - Business Programs Page 1 of 1 EuYnHiEn[iiiCi (BE) Onln9 &nrt6 - ,YCbwra BmmA R.11 r—xtenn -Mall p,p[¢fllnp 11m4 Nain Pap. Bervl.e oWlons wore"r Wllry Forms. samples s Few Cnnu.l /llmnYl 5 W emeMf flit., Tlpe miilon Rv9umb (N ilni[c. [cgaa B wf revonfl FaQf n proem Cpnlatl fnb[matlpn Reno Buabem Befourtm -nx A mro m a - s,artY• n amm .u.lm Rtletbnf Plp9nm <uzwmW uert Im�.l.pfll„ bufneu wl.x.bwq Business Entity Detail Data is updated weekly and Is current as of Friday, January 22, 2010. It is not a complete or certified record o Entity Name: TAL CAL ENGINEERING, INC. Entity Number: C3038473 Date Filed: 04/08/2008 Status: ACTIVE Jurisdiction: CALIFORNIA Entity Address: 22641 VALERIO ST Entity City, State, Zip: WEST HILLS CA 91607 Agent for Service of Process: ADI LEVY COHEN Agent Address: 22641 VALERIO ST Agent City, State, Zip: WEST HILLS CA 91607 e Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender,' the agent for service of process is automatically revoked. Corporations Code section 2114 for information relating to service upon corporations that have surrend • For information on Checking or reserving a name, refer to Name AvaflabilitY. • For information on ordering certificates, copies of documents and /or status reports or to request a more information Requests. .. ............................... • For help with searching an entity name, refer to Search, Tlps. • For descriptions of the various rieids and status types, refer to Field, De9wiptions and Status, Definiith Modify Search New SearCh Printer Friendly. Rack to Search Results Rrivaryylyamem I F�esquymmt xr.eua <epynyn,O )ola Gh...n gQ,wrvAfuu http : //kepler.sos.ca.gov /cbs.aspx 01/27/2010 Cust Encompass Detail Acct. Type: Business Tax License #: BT30027231 Bus. ID: 0056991 Name: TALCAL ENGINEERING INC Owner Name: COHEN, ADI LEVY Owner Phone: 866 - 506 -7147 Owner Type: C Exp. Date: 3/31 /2010 S Addy: 22641 VALERIO ST S Addy 2: Addr3: VALENCIA CA Zip: 91355 B Add r1: 22641 VALERIO ST B Add r2: B Add r3: VALENCIA, CA B Zip: 91355 Phone: 866- 506 -7147 FEIN: 5331 SEIN: 3038473 Established: 3/19/2009 SIC: 1611 - HIGHWAY & STREET CONSTRUCTION Owner #: 0056991 # of Emps: 0 usr1: 422050 us r2: us r3: us r4: us r5: usr6: 216008000 us r7: Emergency Contact Info Contact: AD] LEVY COHEN Phone: 866 - 506 -7147 Page 1 of 1 http: / /apps.eitynet .newportbeachca.gov /masterid /ENC detail.asp ?E1D= BT30027231 01/27/2010 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL WEST NEWPORT LANDSCAPING PROJECT CONTRACT NO. 4338 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. 4338 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 E 3. Lump Sum Mobilization @SevCN THolisq,r� Dollars and �n rMI&Fty Tmry Cents Per Lump Sum Lump Sum Demolition @Tf-✓ T;40GSi� Dollars and Cents Per Lump Sum Lump Sum Removal of Irrigation System Except Pressure Mainline and Remote Control Wire @Frve 7uokg&,9 Dollars and Cents Per Lump Sum 7I $ /01000 $ ,- o 0 n PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE a 5. 7 3 V) 235 C.Y. Unclassified Excavation @ Tivejve- Dollars and Per Cubic Yard 9,365 S.F. Site Grading @ 1 and F I V e; c e j Cents Per Square Foot 890 S.F. Construct Interlocking Concrete Pavers Including Sand Bed and Aggregate Base $ 12- $ 27 00 $ O $ yG� C eAl Dollars and Cents $ /S Per Square Foot 3 L.F. Construct 6" Wide Concrete Band @ Tail t F7i/ Dollars and $ 30 Per Linear Foot 945 L.F. Construct 8 "x4 "x8" Pre - Engineered Curb Wall with 10 "x12 "x2" Concrete Cap Including Concrete Base $ (303so $ 90 @ 7'111 { Lri t d Dollars and Cents $ 13 $ 1 Z, 2 ,Pr Per Linear Foot 90 L.F. Construct 6" Wide Concrete Curb Opening @_rwc,f Y T t.D Dollars and Cents $ 27- $ 14 My Per Linear Foot PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 90 S.F. Asphalt Concrete Pavement Patch @ T'e Dollars and Cents $ )a $ mo Per Square Foot 11. 3 Each Parking Pay Station Base @fir Pitwolked Dollars and Cents $ 4d o $ /,P40 Per Each 12. Lump Sum Install Irrigation System rN d (4 514db @7kf,ekrtsd Dollars and Cents $ 13, d d d Per Lump Sum 13. 9,365 S.F Soil Preparation and Fine Grading and 07 Ss SeUe� ct�is Cents $ �_ $ GS — Per Square Foot 14. 9,365 S.F Weed Abatement @ B®Her and 03 7'k�'tt ce�T Cents $ 0 $ c2 J00 %s Per Square Foot 15. 2 Each Transport and Install 48" Box City-Owned Chamaerops Humilis (Mediterranean Palm Fan) @Sevew HkwJkf.l Dollars and Cents $ 760 Per Each ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 3 Each Transport and Install 36" Box City Owned Chamaerops Humilis (Mediterranean Palm Fan) (a�E/yl H&,vJhed Dollars and Cents $ s00 $ 1 SO o Per Each 17. 13 Each Install 36" Box Parkinsonia Hybrid 'Desert Museum' (Palo Verde) F,fry @f/k/k yaN11l-CJ Dollars and Cents $ SSo $ 7 / so Per Each 18. 9 Each Install 15 Gallon Aloe Hybrid 'Hercules' (Tree Aloe) @SQUe fi r y Dollars and Cents $ 70 $ G3 Per Each 19. 332 Each Install 5 Gallon Shrubs @ S e U(„! Dollars and Cents $ $ 2 32 y Per Each 20. 475 Each Install 1 Gallon Shrubs @X*fve Dollars and Cents $ S $ -Z 3 7 S Per Each 21. Lump Sum Install 2" Thick Mulch @FIdC H1(WJ/ -f a( Dollars and Cents Per Lump Sum $ Soo PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. Lump Sum As -Built Redline Drawings (Fixed) @ Two Thousand Dollars and Zero Cents Per Lump Sum 23. Lump Sum 60 -Day Landscape Establishment & 30 -Day Landscape Maintenance Phase @F/yt H4,ua%/ -c0/ Dollars and Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS $ 2.000.00 $ ruo 2l1 kz7 e t 4 N T 7—f/OUS,4,✓A Sevcd yk- rq//- <o /,ce;-TY Dollars and fU{,vT (d4Vents $ Jok 7yo xY Total Price (Figures) > 2l -zdlo Date �P66re6?ty7 F ,4.k Old oA8rp7/ Bidder's Telephone and Fax Numbers 92SZq2 A Bidder's License No(s). and Classification(s) )—RI Bidder PyC S //0 e.YW# Bidder's Authorized Signature and Title 22bW /V/Y,(kVrJ si L�IS� �Ji�S Bidder's Address Bidder's email address: rA/ C g) l 4 C Q GMq. /l. C dM PR6of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE The selection of lowest responsible bidder shall be based on the Total Base Bid amount above. The bid amount entered for the additive bid item below is for the sole purpose of City information. The City may, during construction, elect to construct one, all, or none of these additive bid items through Change Order(s). Al. Lump sum Install 36" Box Metrosideros Excelsa `New Zealand Christmas Tree' ,4,Jp ,CoCTY @Plvt N4-4Jh4-r/ Dollars and Cents $ 5 SO Per Lump Sum Last saved by srooksOMM20101:33 PM f % userst pbwWiaredlcontracts lmasterslCASTAWAYS PARK REVEGETATION.doc 1 1 1 1 1 1 2 2 2 2 2 2 2 3 9 3 3 3 3 3 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS WEST NEWPORT LANDSCAPING PROJECT CONTRACT NO. 4338 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.1.2 Order of Work 6 -7.2 Working Days 6 -7.4 Working Hours 6-9 LIQUIDATED DAMAGES 1 1 1 1 1 1 2 2 2 2 2 2 2 3 9 3 3 3 3 3 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -8.6.1 Best Management Practices and Monitoring Program 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -10.5 "No Parking" Signs 7 -10.7 Notice to Residents and Temp Parking Permits 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDWAS 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 4 4 5 5 5 5 6 6 6 6 7 7 7 7 8 8 8 8 8 12 SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 13 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel 201 -8 INTERLOCKING CONCRETE PAVERS SECTION 202 MASONRY MATERIALS 202 -3 PRE- ENGINEERED CURB WALLS SECTION 203 BITHUMINOUS MATERIALS 203 -6 ASPHALT CONCRETE 13 13 13 13 13 13 13 13 13 SECTION 212 LANDSCAPING AND IRRIGATION MATERIALS 13 212 -1 LANDSCAPE MATERIALS 13 212 -1.2.6 Soil Amendments 13 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 14 300 -1 CLEARING AND GRUBBING 14 300 -1.3 Removal and Disposal of Materials 14 300 -1.3.2 Requirements 14 300 -1.5 Solid Waste Diversion 14 300 -2 UNCLASSIFIED EXCAVATION 14 300 -2.6 Surplus Material 14 300 -4 UNCLASSIFIED FILL 14 300 -4.7 Compacting 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 15 303.5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 15 303 -5.5 Finishing 15 303 -5.5.1 General 15 303 -5.5.2 Curb 15 300 -9 CONCRETE INTERLOCKING PAVERS AND PRE- ENGINEERED CURB WALL 15 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 15 308 -1 GENERAL 15 308 -4 Planting 16 SECTION 02900 LANDSCAPING 16 SECTION 02810 IRRIGATION 29 SECTION 02970 LANDSCAPE ESTABLISHMENT AND MAINTENANCE 45 APPENDIX A Concrete Interlocking Paver and Pre - Engineered Curb Wall Manufacturer's Specification for West Newport Landscape Project 51 APPENDIX B Soils Analysis and Recommendations for West Newport Landscape Project 61 SP 1 OF 61 PIID6cl pe CITY OF NEWPORT BEACH eo �;�(.�'�, PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS PN 3- 31 -1Y¢ // WEST NEWPORT LANDSCAPING PROJECT 2 CA41y CONTRACT NO. 4338 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5223 -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 mobilization, construction notification, traffic control, removing and disposing of existing landscaping and irrigation material, existing concrete, concrete curb and any other paving material to accommodate the project, installing landscape materials and irrigation system, installing concrete pavers, pre - engineered curb wall, constructing concrete curb, AC paving, parking pay station bases, maintaining landscape during the establishment and maintenance period, 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, SP2OF61 "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4- -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and the Contractor shall pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." SP3OF61 5-8 SALVAGED MATERIALS. The Contractor shall salvage all existing meters, valves, irrigation components, boxes and covers. Salvaged materials shall be delivered to the City Inspector. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The 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 construction work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. The plant establishment period is 60 consecutive calendar days and shall commence after the Engineer has determined the work as completed and accepted. The plant maintenance period is 30 consecutive calendar days and shall commence after the Engineer has determined the plant establishment phase as completed and accepted. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6.7.1.2 Order of Work. Plant material shall not be installed until the irrigation system has been tested and accepted by the Engineer. 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15t (New Year's Day), the thins Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4"', SP4OF61 the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 20 (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1st, July 4th, November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. SP5OF61 A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www .newportbeachca.gov(publicworks and clicking on permits then selecting the link Construction Runoff Guidance Manual." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Providing measures to capture or vacuum -up water contaminated with construction debris. f. Removing any construction related debris on a daily basis. g. Protecting work areas from erosion. h. Street sweeping 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 SP6OF61 Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Where applicable, pedestrian access must be maintained at all times. The Contractor shall cooperate with the Engineer to nearby residences and businesses. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in the public right -of -way or City property if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street. The Contractor shall be responsible for processing and obtaining approval of traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared and sealed by a California licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. SP7OF61 3. All advanced warning sign installations shall be reflectorized and/or lighted. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY' sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents describing the project and indicating the limits of construction. The City- generated notices shall be delivered to all businesses and residents bound by 60th Street, Summit Street, West Coast Highway, and West Ocean Front. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each median, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other SP8OF61 alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a California Contractor's "A" or "C -27" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built" drawings. It shall be the Contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF as described in the City of Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). The "As- Built" Mylar plans and CD shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. 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, but not limited to, providing bonds, insurance and financing, establishing a material and equipment storage location, preparing the BMP Plan and construction schedule, providing submittals, constructing a temporary 6' high construction /security fence around the SP9OF61 perimeter of the project to the satisfaction of the Engineer and all other related work as required by the Contract Documents. Item No. 2 Demolition: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing (site clearing and grubbing) of the existing trees, stumps and roots, existing trash, weeds, plants, debris, wood posts and chain barrier, concrete flatwork, saw cutting, removing, disposing concrete curbs and AC paving and all work necessary to complete the work in place. Dust generated from construction activities shall be controlled to the satisfaction of the Engineer. Irrigation mainline and remote control wire shall be protected in place. Item No. 3 Removal of Irrigation System Except Pressure Mainline and Remote Control Wire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing and disposing of irrigations heads, laterals, valves, appurtenance, and all work necessary to complete the work in place. Irrigation mainline and Remote Control Wire shall be protected in place. Mainline shall be caped in a manner so it may still function where valves have been removed. Dust generated from construction activities shall be controlled to the satisfaction of the Engineer. Item No. 4 Unclassified Excavation: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, removing and disposing of existing soil to accommodate for soil amendments and hardscape, proposed grading, irrigation and landscape installation, and all other work items as required for performing the work complete and in place. Dust generated from construction activities shall be controlled to the satisfaction of the Engineer. Item No. 5 Site Grading: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for grading the site as detailed in the drawings and all other items as required to complete the work in place. Dust generated from construction activities shall be controlled to the satisfaction of the Engineer. Item No. 6 Install Interlocking Concrete Pavers Including Sand Bed and Aggregate Base: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and constructing interlocking concrete pavers including 1" sand bed (per ASTM C 33), 8" aggregate base, joint sand, and all other work items as required for performing the work complete and in place. Extra interlocking concrete pavers shall be delivered to a storage site as directed by the Engineer to the City totaling approximately ten percent of the construction material which will be used for future maintenance and repairs. Item No. 7 Construct 6" Wide Concrete Band: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and constructing concrete band and all other work items as required for performing the work complete and in place. SP 10 OF 61 Item No. 8 Construct 8 "x4 "x8" Pre - Engineered Curb Wail with 10 "x12 "x2" Concrete Cap Including Concrete Base: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and constructing pre - engineered curb wall with cap, 6" concrete base, reinforced galvanized bars, and all other work items as required for performing the work complete and in place. Extra curb wall and concrete cap materials shall be delivered to a storage site as directed by the Engineer to the City totaling approximately ten percent of the construction material which will be used for future maintenance and repairs. Item No. 9 Construct 6" Wide Concrete Curb Opening: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for sawcutting, removing and disposing of the existing curb, compacting subgrade, constructing P.C.C. curb openings, re- chiseling curb face for existing underground utilities, repainting curb where applicable, restoring all existing public and private improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 10 Construct Asphalt Concrete Patch: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for saw - cutting existing pavement constructing patch back full -depth AC, minimum 12 -in wide by 12 -in deep, and all other work items as required to complete work in place. Item No. 11 Parking Pay Station Base : Work under this item shall include, but not limited to, the cost of all labor, equipment, and materials for constructing concrete base for parking pay station and all other work items required for performing the work complete and in place. Pay station shall be provided by others. Item No. 12 Install Irrigation System: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, furnishing and installing remote control valves, quick coupler valves, ball valves, irrigation heads and lateral lines, irrigation sleeves, excavation, backfill, pipe material, electrical connections, valve boxes, controller boxes, pull boxes, appurtenances to make connection to existing irrigation water system (e)(sting mainline), repairing to any damages incurred to existing irrigation system and all other items as required to complete the work in place. Item No. 13 Soil Preparation and Fine Grading : Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for preparing the soil per recommendations stated in soils analysis found in Appendix B, fine grading the site and all other work items as required for performing the work complete and in place. Dust generated from construction activities shall be controlled to the satisfaction of the Engineer. Item No. 14 Weed Abatement: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for weed abatement and all other work items as required for performing the work complete and in place. SP 11 OF 61 Item No. 15 Transport and Install 48" Box City -Owned Chamaerops humilis (Mediterranean Fan Palm): Work under this item shall include, but not limited to, the cost of all labor, maintaining prior to installing, equipment and materials for transporting and installing 48" Box, City- Owned, Chamaerops humilis (Mediterranean Fan Palm) delivery, storage, placement, addition of soil amendments, and all other work items as required for performing the work complete and in place. Item No. 16 Transport and Install 36" Box City-Owned Chamaerops humilis (Mediterranean Fan Palm): Work under this item shall include, but not limited to, the cost of all labor, maintaining prior to installing, equipment and materials for transporting and installing 36" Box, City- Owned, Chamaerops humilis (Mediterranean Fan Palm) delivery, storage, placement, addition of soil amendments, and all other work items as required for performing the work complete and in place. Item No. 17 Install 36" Box Parkinsonia hybrid 'Desert Museum' (Palo Verde): Work under this item shall include, but not limited to, the cost of all labor, maintaining prior to installing, equipment and materials for furnishing and installing 36" Box Parkinsonia Hybrid 'Desert Museum' (Palo Verde) transportation, delivery, storage, placement, addition of soil amendments, and all other work items as required for performing the work complete and in place. One color photograph with human or measuring tape scale shall be provided to Engineer for approval prior to delivery. The photograph of the plant must be taken from the nursery in which the plant will be delivered form. Item No. 18 Install 15 Gallon Aloe Hybrid 'Hercules' (Tree Aloe): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing 15 Gallon Aloe Hybrid 'Hercules' (Tree Aloe), transportation, delivery, storage, placement, addition of soil amendments, and all other work items as required for performing the work complete and in place. One color photograph with human or measuring tape scale shall be provided to Engineer for approval prior to delivery. The photograph of the plant must be taken from the nursery in which the plants will be delivered form. Item No. 19 Install 5 Gallon Shrubs: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing 5 Gallon Agave vilmoriniana (Octopus Agave), Carissa macrocarpa 'Boxwood Beauty' (Dwarf Natal Plum), Caesalpinia gilliesii (Yellow Bird of Paradise), Cordyline hybrid 'Jurred' (Cordyline), Dasyliron longissium (Grass Palm), Westringia fruiticosa 'Morning Light' (Dwarf Coast Rosemary), transportation, delivery, storage, placement, addition of soil amendments, and all other work items as required for performing the work complete and in place. One color photograph of plant each plant species with human or measuring tape scale shall be provided to Engineer for approval prior to delivery. Photographs of plants must be taken from the nursery in which the plants will be delivered form. SP 12 OF 61 Item No. 20 Install 1 Gallon Shrubs: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing 1 Gallon Aeonium arboreum `Zwartkop' (Aeonium), Aloe hybrid `Johnson's Hybrid' (Johnson's Hybrid Aloe), Dianella hybrid `Litle Rev' (Dianella), Puya alestris (Sapphire Tower), Senecio hybrid `Punk Pickle' ( Senecio), transportation, delivery, storage, placement, addition of soil amendments, and all other work items as required for performing the work complete and in place. One color photograph of plant each plant species with human or measuring tape scale shall be provided to Engineer for approval prior to delivery. Photographs of plants must be taken from the nursery in which the plants will be delivered form. Item No. 21 Install 2" Thick Mulch: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing a 2- inch thick layer of mulch, and all other items as required to complete the work in place. Item No. 22 As -Built Redline Drawings: Work under this item shall include all actions necessary to provide "as- built' construction drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. Item No. 23 60 -Day Landscape Establishment & 30 -Day Landscape Maintenance Phase: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for manpower, fertilizers, irrigation system inspection and operation, plant materials, supervision and all other items necessary to establish and maintain the landscaping for the entire duration of the two periods. ADDITIVE BID ITEM Item No. Al Install 36" Box Metrosideros Excelsa `New Zealand Christmas Tree' Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing 36" Box Metrosideros Excelsa `New Zealand Christmas Tree' transportation, delivery, storage, placement, addition of soil amendments, and all other work items as required for performing the work complete and in place. One color photograph with human or measuring tape scale shall be provided to Engineer for approval prior to delivery. The photograph of the plant must be taken from the nursery in which the plants will be delivered form. 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." SP 13 OF 61 PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250.° 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -8 INTERLOCKING CONCRETE PAVERS See Appendix 'A'. SECTION 202 - -- MASONRY MATERIALS 202 -3 PRE - ENGINEERED CURB WALL See Appendix A. SECTION 203 - BITUMINOUS MATERIALS 203 -6 ASPHALT CONCRETE The Contractor shall submit a mix design to the City for review and approval a minimum of five (5) working days prior to installation. SECTION 212 - -- LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS 212 -1.2.6 Soil Amendments. Soil amendments shall adhere to the "Soil Recommendation" section of the Sunland Analytical analyses dated September 11, 2009, attached to these specifications as Appendix'B' SP 14 OF 61 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: www. newportbeachca .gov /generalservices and clicking on refuse then selecting the link Franchised Haulers List." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-1/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. No reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. 300 -2 - UNCLASSIFIED EXCAVATION 300 -2.6 Surplus Material. Add to this Section: All surplus material shall be disposed of in a legal manner at the expense of the Contractor. 300 -4 UNCLASSIFIED FILL 300 -4.7 Compacting Add to this Section: Consolidation by jetting will not be permitted. SP 15 OF 61 SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C. and P.C.C. at locations shown on the plans in a manner that matches the adjoining existing property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -9 — CONCRETE INTERLOCKING PAVERS AND PRE ENGINEERED CURB WALL. See Appendix A SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing all plant material that interfere with the work. The Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the impacted work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forester for inspection. Upon inspection, the Urban Forester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. SP 16 OF 61 b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 3084 Planting. Add to this section the following: SECTION 02900 - LANDSCAPING PART 1: GENERAL 1.01 DESCRIPTION A. The general requirements apply to all Landscaping work operations. Provide labor, materials, tools, transportation and all incidentals necessary to perform work as indicated on the Plans and as herein specified. B. Related Sections. Section 2810: Irrigation SP 17 OF 61 C. The Standard Specifications for Public Works Construction, "Greenbook ", 2003 edition, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook ", unless otherwise determined by the City. 1.02 QUALITY ASSURANCE A. Comply with all applicable local, state, federal requirements regarding materials, methods of work, and disposal of excess and waste materials. B. Manufacturer's directions, specifications and detailed drawings will be followed in all cases where articles used furnish directions covering points not delineated on the Plans or Specifications. C. The work included in this section will be done to the satisfaction of the City and the decision by the City as to the true construction meaning of the Plans and Specifications will be final. D. All drop slips for landscape materials (including plants, fertilizers, pesticides, seed mixes) shall be given to the Engineer. 1.03 AGRONOMIC SOILS TESTING Agronomic soils testing have been completed and are attached to specifications as Appendix B. Soil preparation and amendments required shall be provided in accordance with the testing laboratory's recommendations. 1.04 ENVIRONMENTAL REQUIREMENTS A. Do not install landscape materials when ambient temperatures may drop below 45 degrees F (12 degrees C) or above 95 degrees F (39 degrees C). B. Do not install landscape k/hr). PART 2: PRODUCTS 2.01 REFERENCES materials when wind velocity exceeds 30 mph (48 A. ANSI Z60.1 - Nursery Stock. B. California State Department of Agriculture - Regulations for nursery inspections, rules, and grading. SP 18 OF 61 2.02 TOPSOIL Topsoil if required in planting areas shall be Class A Topsoil. Topsoil shall be as specified in Section 212 -1.1.2 of the Standard Specifications for Public Works Construction. 2.03 PLANT MATERIAL A. Trees, shrubs, and ground cover and vines shall be grown by an established nursery having been in the business of growing trees, shrubs, ground cover a minimum of five (5) years. At the option of the Engineer, plants shall be inspected and tagged at the nursery prior to shipment to the planting site. Trees: All trees shall be of the specified container size and of the species specified. 2. Shrubs: Shrubs shall be of the specified type and size, selected from high quality, well- shaped nursery stock. B. Plant names indicated or listed in the "Plant Legend" on the Plans, conform to the approved names given in "The American Association of Nurserymen Standards'. Except for names not covered therein, the established custom of the nursery shall be followed. C. Condition of plants shall be in accordance with the California State Department of Agriculture's regulations for nursery inspections, rules, and grading and shall be symmetrical, typical for variety and species, sound, healthy, vigorous, free from plant disease, insect pests, or their eggs, and shall have healthy normal root systems, well filling their containers, but not to the point of being root bound. D. Plants shall not be pruned prior to delivery, except as authorized by the Engineer. In no case shall trees be topped before delivery. E. The size of the plants shall correspond with that normally expected for species and variety of commercially available nursery stock, or as specified on the Plans. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform with the measurements, if any, specified on the Plans. Plants larger in size than specified may be used with the approval of the Engineer, but the use of larger plants will not serve as the basis for a change order. F. All plant material shall be subject to the inspection and acceptance of the Engineer before planting. A representative number of plants as SP 19 OF 61 determined by the Engineer may be inspected for size and condition of root growth, insects, injuries and defects. Plants not accepted are to be removed from the site immediately and replaced with suitable plants. The Engineer reserves the right to reject entire lots of plants represented by defective samples. G. Mediterranean Fan Palms trees will be furnished by the Engineer and planted by the Contractor. Palms are located at 592 Superior Avenue, Newport Beach California. 2.04 FERTILIZERS, SOIL CONDITIONING MATERIALS AND WATER A. General. Fertilizing and soil conditioning materials shall comply with the applicable requirements of the State Food and Agricultural Code. All materials shall be packaged first grade, commercial quality products identified as to source, type of material, weight, and manufacturer's guaranteed analysis. Fertilizing and soil conditioning material shall not contain toxic ingredients or fillers in quantities harmful to human life, animals, or plants. 2. Furnish a Certificate of Compliance stating that the material substantially meets the specifications. 3. Exact fertilizing and conditioning materials and the required composition and quantities shall be as determined by agronomic soils test, Appendix B. B. Commercial Fertilizer. Commercial fertilizer shall be a palletized or granular product having a chemical analysis as specified on the Plans or in the Specifications. Commercial fertilizer shall be free - flowing material delivered in unopened sacks. Material which becomes caked or otherwise damaged shall not be used. C. Nitrogen Stabilized Organic Soil Amendment. Organic soil amendment shall be redwood sawdust free of shavings or particles of other woods such as fir or pine, supplied in bulk and .5% nitrogen stabilized by standard techniques. An acceptable substitute is nitrogen stabilized fir or cedar sawdust ground to 0 -1/4" particle size and 1.0% nitrogen stabilized. D. Water. SP 20 OF 61 Water shall be clean, fresh and free of substances or matter which could inhibit vigorous growth of plants 2. Water shall be supplied at Contractor's sole expense at no additional cost to City through the end of the maintenance period. 2.05 HERBICIDE A. Non - selective herbicide for weed abatement shall be Round -Up or approved equal. B. Pre - emergent herbicide shall provide nine (9) month control. 2.06 MULCH A. Mulch shall be "Forest Blend" (0 -2 "), B. The mulch shall consist of fibrous, woody bark mixture of varied particle size with the following characteristics: Percent Passing 90 -100 80 -100 20 -60 Sieve Size 25.4 mm (1 ") 12.7 mm (1/2 ") 6.35 mm (1/4 ") C. Mulch shall be packaged in bales or bags unless the Engineer approves a bulk source in advance of delivery to the site of the work. The Contractor shall submit one sample of three (3) different mulch materials. D. The Engineer has the right to reject all samples and request additional samples until a suitable mulch material is approved. 2.07 PRE - EMERGENCE WEED CONTROL In areas of woody ornamental plants, use Ronstar, Weedban, or approved equal. 2.08 SAMPLES A. Samples of products and materials shall be required by the Engineer. Submittals for inspection shall be stored on the site until furnishing of material is complete. SP 21 OF 61 B. One color photograph of plant each plant size and species (except Mediterranean Fan Palms) with human or measuring tape scale shall be provided to Engineer for approval prior to delivery. Photographs of plants must be taken from the nursery in which the plants will be delivered form. C. Delivery of products and materials may begin upon acceptance of samples or as directed by the Engineer. 2.09 PLANT TABLETS A. Plant tablets shall be Scotts Agriform, Growpower or approved equal, 20- 10-5 applied at the following rates: Tablet Size 21 Gram 5 Gram Container 1 Gallon 5 Gallon 24" Box 36 ", 48 ", 60" Ground Cover Size and Box and Plants 10" pots Larger Application 1 3 20 One Table 1 Rates (No. per each foot of Tablets ) _ of height PART 3: EXECUTION 3.01 GENERAL Earthwork shall include the preparation for and the spreading, densification, cultivation, and raking of finished grade, including fertilization and conditioning. 1. Unless otherwise provided, curbs, walks, irrigation systems, and similar improvements required by the Plans or Specifications shall be constructed following rough grading and before landscaping. 2. Planting holes and backfill shall be as herein specified. 3. Preliminary rough grading and related earthwork, prepare areas for landscaping work to within one -tenth foot (0.1') of finish grade, or to subgrade for Class "A" topsoil if required. 3.02 SOIL PREPARATION AND CONDITIONING A. General. Planting areas shall be free of weeds and other extraneous materials to a depth of twelve inches (12 "). 2. Soil shall not be worked when it is so wet or so dry as to cause excessive compaction or the forming of hard clods or dust. SP 22 OF 61 B. Fertilizing and Conditioning Procedures. 1. The planting area shall be brought to finish grade before spreading the fertilizers or conditioning materials specified. 3. Fertilizing and conditioning materials shall be mechanically spread at a uniform rate. The quantities of materials necessary for the planting area shall be at the site and shall be verified by delivery tickets furnished to the Engineer before spreading. 4. After spreading, the fertilizing and conditioning materials shall be uniformly cultivated into the upper six inches (6 ") of soil by suitable equipment, rototiller or equal, operated in at least two directions approximately at right angles. The resulting soil shall be a friable condition. 3.03 WEED ABATEMENT A. The weed abatement program shall proceed upon the completion of the irrigation system and after all existing weeds and growth have been removed from the planting areas. B. Water all areas four (4) times daily for twenty -one (21) consecutive days and until weed seeds have germinated. Cease watering for three (3) days. Spray a non - selective herbicide (Roundup) to eradicate the germinated weeds. Allow herbicide to kill all weeds. Rake or hoe off all dead weeds to a depth of 114 inch below the surface of the soil. If perennial weeds or grasses still exist, re -water four (4) times daily for fourteen (14) consecutive days until new growth appears. Reapply a non- selective herbicide with a dye indicator. Remove weeds after herbicide has had sufficient time to kill. 3.04 FINISH GRADING A. After fertilizing and conditioning, the soil shall be watered and allowed to settle to provide a stable surface, not overly densified to the extent that it will prevent aeration and water infiltration. After the soil has dried out to a workable condition, the planting areas shall be regraded, raked, and smoothed to the required grades and contours. Finish surfaces shall be clean and suitable for planting. B. The finish grade shall be smooth, uniform, and free of abrupt grade changes and depressions to ensure surface drainage. SP 23 OF 61 C. The finish grade below adjacent paving, curbs, or headers shall be one inch (1 ") in lawn areas and two inches (2 ") in shrub or ground cover areas. 3.05 PLANTING GENERAL A. All sprinkler /irrigation work shall be inspected and accepted by the City, prior to start of any work of this subsection. B. Location of utility, structures and lines. 1. Prior to excavation for planting or placing of stakes, locate all utilities, electric cables, conduits, irrigation lines, heads, valves and valve control wires, and all utility lines so that proper precautions may be taken not to damage such improvements. 2. In the event of a conflict between utilities and plant locations, promptly notify the Engineer who will arrange for one or the other to be relocated. If contractor fails to follow this procedure, it shall repair all damages resulting from the work at Contractor's sole expense. C. All plants will be inspected by the Engineer prior to planting, including plants previously approved at the nursery. The Contractor shall be responsible for the condition of all plants, planted or otherwise, until acceptance. D. Quantities. 1. Plant materials shall be furnished in the quantities and/or spacing as shown or noted for each location, and shall be of the species, kinds, sizes, etc., as symbolized, and/or described in the Plant Legend, as indicated on the Plans. 2. Verify all sizes and quantities on the Plans. Promptly report any discrepancy to the Engineer. E. Substitution. 1. Any plant material or any development materials specified by trade name or equal, shall be according to these Plans and Specifications. 2. Installation and use of substitute items shall not be made until the Contractor is in receipt of written approval from the Engineer. Substitution proposals for plant material must be accompanied by written proof of non - availability within a five hundred mile radius of SP 24 OF 61 the project site for material originally specified and proof that material was ordered in a timely manner upon award of contract. F. Protection and Storage. 1. Regularly water all nursery stock in containers and place them in a cool area protected from sun and drying winds. 2. Do not allow plants to dry out before or while being planted. Keep exposed roots moist by means of wet sawdust, peat moss or burlap at all times during planting operations. Do not expose roots to the air except while being placed in the ground. Wilted or diseased plants, whether in place or not, will not be accepted and shall be replaced at the Contractor's sole expense. G. Moisten prepared surface immediately prior to installing plant material. H. Install plant material within 24 hours after delivery to the site to prevent deterioration. Water landscaped areas immediately after installation. J. Layout and Plant Location. 1. Detailed layout within the planting areas shall be performed by the Contractor and approved by the Engineer prior to planting. 2. Locate first row of plants in areas designated for center to center spacing. Plants shall be located at one -half of designated spacing from the edge of the area. 3.06 PALM TREE PLANTING A. Palm trees will be supplied by the City. Mediterranean Fan Palm trees are multi- trunks in 36" and 48" box sizes. Contractor shall transport the palm trees from the City's maintenance yard (located at 592 Superior Avenue) to the job site and plant. Contractor shall replace at Contractor's sole expense and with palm trees of like kind, size and quality if any damage occurs to the palm tree during transport or planting. Boron content of this soil shall be no greater than 1 ppm as measured on the saturation extract. In order to ensure conformance, samples of the import soil are to be submitted to the soils laboratory for analysis prior to backfilling. SP 25 OF 61 B. Planting of Palms: Excavation for planting shall include the stripping and stacking of all acceptable topsoil encountered within the areas to be excavated for the tree holes. Excess soil generated from the planting holes and not used as backfill or in establishing the final grades shall be removed from the site. Protect planting areas from excessive compaction when transporting plants or other material to the planting site. Center palm in pit or trench; align largest multi -trunk to vertical. Set palm plumb and hold rigidly in position until soil has been tamped firmly around ball or roots. Excavated holes shall have vertical sides with roughened surfaces and shall be of a size that is 12" wider all the way around the rootball and 1" higher in the ground than the Palm originally stood. Palms shall be backfilled with equal parts specified backfill and natural soil thoroughly mixed together. Root - growth stimulant shall be applied when the backfilling is between 1/2 to 2/3 up the rootball. Application rate shall be one quart of trees less than 30 feet in height, two quarts for trees 30 feet and larger in height. Stimulant shall be poured full strength equally distributed around the rootball, and water jetted into the backfill. 3.07 TREE AND SHRUB PLANTING A. Planting Holes. Planting holes shall be approximately square for container grown plants. The holes shall be twice the width of the plant container or ball, unless otherwise shown on the Plans. The holes shall be the same depth as the depth of the root ball, or as shown on the Plans. The hole shall be larger, if necessary, to permit handling and planting without injury or breakage of the root ball or root system. Any plant having a broken or cracked root ball before or during planting shall not be planted. B. Underground Obstructions. In the event that underground construction work or obstructions are encountered in the planting operation, alternate locations for plant material will be selected by the Engineer. Operation shall be done at no extra cost to the City. C. Planting Procedures. 1. Material recommended by testing laboratory shall be thoroughly blended and used as a backfill mix. No mixing for individual planting holes is permitted. Mix planting soil prior to backfilling and stockpile at the site. Iron sulfate shall not contact cement surfaces because severe staining could occur; repair or replace stained cement at Contractor's sole cost. 2. Remove all plants from their containers and set so that, when settled, they bear the same relation to the required grade as they SP 26 OF 61 bore to the natural grade before being transplanted. Plant each plant in the center of the pit and backfill with prepared soil. Compact the backfill mix around the ball or roots. Do not use soil in muddy condition for backfilling. Do not fill around trunks or stems. Cut off all broken or frayed roots. 3. Thoroughly water each plant when the hole is one -half filled. 4. After watering, backfill the remainder of the hole and tamp the soil in place until the surface of the backfill is level with the surrounding area and the crown of the plant is at the finished grade of the surrounding area. 5. After backfilling, a basin shall be constructed around each plant. Each basin shall be of a depth sufficient to hold at least three inches (3 ") of water. Basins shall be the same size as the container size of each individual plant. The basins shall be constructed of amended backfill material. 6. Set the plant tablets to be used with each plant on the top of the root ball so the required number of tablets to be used in each hole can be easily verified. Bury tablets upon approval by the Engineer. 7. Immediately after planting, apply water to each tree and shrub by means of a hose. Apply water in a moderate stream in the planting hole until the material about the roots is completely saturated from the bottom of the hole to the top of the ground. 8. Apply water in sufficient quantities and as often as seasonal conditions require to keep the planted areas moist at all times, well below the root system of grass and plants. 9. Basins around shrubs and trees in slopes shall be permanently maintained. In turf areas, basins shall be maintained thirty (30) days following tree planting. They shall be removed at that time, unless otherwise directed by the Engineer. D. Pruning. Pruning shall be limited to the minimum necessary to remove injured twigs and branches, and to compensate for loss of roots during transplanting, but never to exceed one -third of the branching structure. Upon approval of the Engineer, pruning may be done before delivery of plants, but not before plants have been inspected and approved. E. Staking. All trees shall be staked or guyed per the planting details on the Plans. Staking or guying shall be done immediately after planting. SP 27 OF 61 F. WATERING: Add the following to Standard Specifications Section 308 -4.9.5 1. Immediately after planting, apply water to each plant. Apply water in a moderate stream in the planting basin until the material about the roots are completely saturated from the bottom of the plant pit to the top of the ground. 2. It shall be the Contractor's responsibility to maintain a balanced watering program to ensure proper growth until final acceptance of the work. 3. Apply water in sufficient quantities and as often as seasonal conditions require to keep the planted areas moist at all time, well below the root system of plants. 3.09 MULCHING Mulch trees, shrubs and ground cover areas after planting with two inches (2 ") of mulch. 3.10 PLANT ESTABLISHMENT AND MAINTENANCE A. Plant establishment will be a minimum of sixty (60) days after "Date of Acceptance of Installation" of all planting areas. Any plant materials that are dead, missing or in poor condition during the establishment period shall be replaced immediately. The Engineer shall be the sole judge as to the condition of the material. Material to be replaced shall be replaced by the contractor within five (5) working days of written notification by the Engineer. Request in writing from the Engineer notification of the date of the start of the plant establishment. At the acceptance of all planting areas, request in writing from the Engineer notification of the date of the completion of the plant establishment. The plant establishment shall not officially begin or end without written notification from the Engineer. B. Construction fencing shall remain until after the plant establishment and maintenance period is complete or as directed by the Engineer. C. Contractor shall maintain all planted areas on a continuous basis as they are completed during the progress of the work and during the establishment and maintenance period, and shall continue to maintain them until final acceptance in accordance with the following. 1. Water, weed, fertilize, edge, prune, spray and apply mulch as necessary to promote a healthy growing condition. All planted SP 28 OF 61 areas shall be kept free of debris and shall be weeded and cultivated at intervals not to exceed ten (10) days. Keep project neat and attractive throughout the maintenance period. Maintain irrigation system for 100% coverage and working condition as intended. 2. Apply herbicides for weed control, as needed or directed by Engineer, in accordance with manufacturer's instructions and applicable laws and regulations. Pre - emergent herbicide shall be required in all planter, shrub and ground cover areas. Remedy damage resulting from the use of herbicides. 3. Exterminate rodents and insects as required and in accordance with applicable laws and regulations. Remedy damage from use of insecticides. 4. Adjust the irrigation system to sufficiently saturate root zone without rotting trees, shrubs, and ground cover. 5. Repair or replace any damaged item caused by vehicles, vandals, bicycles, or foot traffic during the maintenance period. 6. Fertilize with "Gro-Power Plus" at 30 lbs. /1,000 s.f. every thirty (30) calendar days (twice during the maintenance period), or as indicated by the agronomic soils test. Apply "Gro -Power Controlled Release Nitrogen" five (5) calendar days before the end of the maintenance period, or as indicated by the agronomic soils test. The Contractor shall adhere to fertilization requirements of the soils tests at no additional cost. D. Maintenance period after plant establishment shall be a minimum of thirty (30) days. Maintenance requirements during the plant establishment period shall continue during the 30 day maintenance period. G. Maintenance period shall be extended if plant material is not in a healthy growing condition. When all maintenance work has been completed to the satisfaction of Engineer, the Engineer will issue to the Contractor a written notice of completion of maintenance. 3.11 INSPECTION A. All inspections herein specified shall be preformed by the City. Request inspection at least forty -eight (48) hours in advance of the time the inspection is required. Requested inspections, subsequently canceled without twenty -four (24) hours notice, will be billed to the Contractor. SP 29 OF 61 B. Inspection is required for, but not necessarily limited to, the following parts of the work. 1. At completion of the incorporation of soil amendments and fine grading. 2. Prior to digging plant pits for trees and shrubs. 3. During backfilling of plant pits with amended backfill. 4. Final inspection at the end of the plant establishment. 5. Final inspection at the end of the maintenance period. 308 -5 Irrigation System Installation. Add to this section the following: SECTION 02810 - IRRIGATION PART1- GENERAL 1.01 Summary A It is the intent of the Specifications and Drawings that the finished system is complete in every respect and shall be ready for operation satisfactory to the City. B The work shall include all materials, labor, services, transportation, and equipment necessary to perform the work as indicated on the Drawings, in these Specifications, and as necessary to complete the contract. C Related Sections. D Section 02900: Landscaping E The Standard Specifications for Public Works Construction, "Greenbook ", 2003 edition, is referenced as if herein contained and the Contractor shall keep a copy at the project site. These Specifications shall supersede conflicts with information given in the "Greenbook ", unless otherwise determined by the city. 1.02 Construction Drawings A. Due to the scale of the Drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be SP 30 OF 61 required to meet such conditions. Drawings are generally diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. B. All work called for on the Drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the Specifications. When an item is shown on the Drawings but not shown on the Specifications or vice versa, it shall be deemed to be as shown on both. The Engineer shall have final authority for clarification. C. Do not willfully install the irrigation system as shown on the Drawings when it is obvious in the field that obstructions, grade differences or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences shall be brought to the attention of the Engineer as soon as detected. In the event this notification is not performed, pay, at Contractor's sole cost, for any revision necessary. 1.03 Quality Assurance A. Provide at least one English- speaking person who shall be present at all times during execution of this portion of the work and who shall be thoroughly familiar with the type of materials being installed and the manufacturer's recommended methods of installation and who shall direct all work performed under this Section. B. Manufacturer's directions and detailed Drawings shall be followed in all cases where the manufacturer of articles used furnishes directions covering points not shown in the Drawings and Specifications. C. All local, municipal, and state laws, rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these Specifications, and their provisions shall be carried out by the Contractor. Anything contained in these Specifications shall not be construed to conflict with any of the above rules and regulations of the same. However, when these Specifications and Drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these Specifications and Drawings shall take precedence. D. All materials supplied for this project shall be new and free from any defects. All defective materials shall be replaced immediately at no additional cost to City. SP 31 OF 61 E. Obtain the required licenses and permits including payments of charges and fees, give required notices to public authorities, verify permits secured or arrangements made by others affecting the work of this Section. 1.04 Submittals A. Materials List: 1. After award of contract and before any irrigation system materials are delivered to the job site, submit to the Engineer a complete list of all irrigation systems, materials, or processes proposed to be furnished and installed as part of this contract. 2. Show manufacturer's name and catalog number for each item, furnish complete catalog cuts and technical data, furnish the manufacturer's recommendations as to the method of installation. 3. No substitutions will be allowed without prior written acceptance by the Engineer. 4. Manufacturer's warranties shall not relieve the Contractor of it's liability under the guarantee. Such warranties shall only supplement the guarantee. B. Substitutions: If the Contractor wishes to substitute any equipment or materials for equipment or materials listed on the irrigation Drawings and Specifications, he/she may do so by providing the following information to the Engineer for approval. 1. Provide a written statement indicating the reason for making the substitution. 2. Provide catalog cut sheets, technical data, and performance information for each substitute item. 3. Provide in writing the difference in installed price if the item is accepted. 1.05 Existing Conditions A. Verify and be familiar with the locations, size and detail of points of connection provided as the source of water and electrical supply, connection to the irrigation system. SP 32 OF 61 B. Irrigation design is based on the available static water pressure shown on the Drawings. Verify static water on the project prior to the start of construction. Should a discrepancy exist, notify the Engineer prior to beginning construction. C. Prior to cutting into the soil, locate all cables, conduits, sewer septic tanks, and other utilities as are commonly encountered underground and it shall take proper precautions not to damage or disturb such improvements. If a conflict exists between the obstacles and the proposed work, promptly notify the Engineer who will arrange for relocations. Proceed in the same manner if a rock layer or any other such conditions are encountered. D. Protect all existing utilities and features to remain on and adjacent to the project site during construction. Repair all damage resulting from its operations or negligence at Contractor's sole expense. 1.06 Inspections A. Permit the Engineer to visit and inspect at all times any part of the work and provide safe access for such visits. B. Where the Specifications require work to be tested by the Contractor, it shall not be covered over until accepted by the Engineer. Notify the Engineer, a minimum of 48 hours in advance of where and when the work is ready for testing. Should any work be covered without testing or acceptance, it shall be, if so ordered, uncovered at the Contractor's sole expense. C. Inspections will be required for the following at a minimum: 1. System layout 2. Pressure test irrigation main line (Six hours at 125 psi) lateral lines (2 hours at 100 psi). 3. Coverage test of irrigation system 4. Final inspection prior to start of maintenance period 5. Final acceptance D. Site observations and testing will not commence without the record Drawings as prepared by the irrigation contractor. Record Drawings must be complete and up to date for each site visit. SP 33 OF 61 E. Work that fails testing and is not accepted will be re- tested. Hourly rates and expenses of the Engineer for re- inspection or re- testing will be paid by the Contractor at no additional expense to City. 1.07 Storage and Handling A. Use all means necessary to protect irrigation system materials before, during, and after installation and to protect the installation work and materials of all other trades. In the event of damage, immediately make all repairs and replacements necessary to the acceptance of the Engineer and at no additional cost to the City. B. Exercise care in handling, loading, unloading, and storing plastic pipe and fittings under cover until ready to install. Transport plastic pipe only on a vehicle with a bed long enough to allow the pipe to lay flat to avoid undue bending and concentrated external load. 1.08 Cleanup and Disposal A. Dispose of waste, trash, and debris in accordance with applicable laws and ordinances and as prescribed by authorities having jurisdiction. Do not bury waste material and debris on the site. Burning of trash and debris will not be permitted. Remove and dispose of rubbish and debris generated by his work and workmen at frequent intervals or when ordered to do so by the Engineer. B. At the time of completion the entire site shall be cleared of tools, equipment, rubbish and debris which shall be disposed of off -site in a disposal area that is fully and legally licensed. 1.09 Turnover Items A. Drawings of Record: 1. Record accurately on one set of Drawings all changes in the work constituting departures from the original Drawings. 2. The changes and dimensions shall be recorded in a legible and workmanlike manner to the satisfaction of the City. Prior to final inspection of work, submit record Drawings to the Engineer. 3. Dimensions from /to permanent points of reference such as buildings, sidewalks, curbs, etc. shall be shown. Data on record Drawings shall be recorded on a day to day basis as the project is being installed. All lettering on Drawings shall be minimum 118 inch in size. SP 34 OF 61 4. Show locations and depths of the following items: a. Point of connection (including water P.O.C., master control valves, quick couplers, etc.) b. Routing of sprinkler pressure lines (dimensions shown at a maximum of 100 feet along routing) C. Isolation valves d. Automatic remote control valves e. Quick coupling valves f. Routing of control wires g. Irrigation controllers h. Related equipment (as may be directed) 5. Maintain record Drawings on site at all times. Upon completion of work, transfer all as -built information and dimensions to reproducible sepia prints. B. Equipment: 1. Supply the following items: a. Three (3) wrenches for disassembly and adjustment of each type of sprinkler head used in the irrigation system. b. Three (3) 30 -inch sprinkler keys for manual operation of control valves. C. Three (3) quick coupler keys with a 1" bronze hose bib, bent nose type with hand wheel and two coupler lid keys. d. Three (3) valve box cover key or wrench. e. Four (4) extra sprinkler heads of each size and type. 2. The above equipment shall be turned over to the Engineer at the final inspection. SP 35 OF 61 1.10 Completion A. At the time of the pre- maintenance period inspection, the Engineer will inspect the work and, if not accepted, prepare a list of items to be completed by the Contractor. At the time of the post- maintenance period or final inspection the work will be re- inspected and final acceptance will be in writing by the Engineer. B. The Engineer shall have final authority on all portions of the work. C. After the system has been completed, the Contractor shall instruct City's authorized representative in the operation and maintenance of the irrigation system and shall furnish a complete set of operating and maintenance instructions. D. Without any additional expense to the City, repair any settling of trenches, which may occur during the one -year period following acceptance, to the City's satisfaction. Repairs shall include the complete restoration of all damage to planting, paving or other improvements of any kind as a result of the work. 1.11 Guarantee A. The entire irrigation system installed by the Contractor shall be unconditionally guaranteed against all defects and fault of material and workmanship, including settling of backfilled areas below grade, for a period of one (1) year following the filing of the Notice of Completion. The guarantee shall be valid unless existing equipment utilized on the project fails within the guarantee period. B. Should any problem with the irrigation system be discovered within the guarantee period, and at no additional expense to City, corrections shall be made within ten (10) calendar days after receipt of written notice from City. When the nature of the repairs as determined by the City constitute an emergency (i.e., broken pressure line) the City may proceed to make repairs at the Contractor's expense. Any and all damages to existing improvement resulting either from faulty materials or workmanship, or from the necessary repairs to correct same, shall be repaired to the satisfaction of the owner by the Contractor, all at no additional cost to the City. C. Guarantee shall be submitted on Contractors own letterhead as follows: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM SP 36 OF 61 We hereby guarantee that the sprinkler irrigation system we have fumished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the Drawings and Specifications, ordinary wear and tear and unusual abuse, or neglect excepted. We shall repair or replace any defective material during the period of one year after date of filing of the Notice of Completion and also repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the owner. We shall make such repairs or replacements within 10 calendar days following written notification by the owner. In the event of our failure to make such repairs or replacements within the time specified after receipt of written notice from owner, we authorize the owner to proceed to have said repairs or replacements made at our expense and we will pay the costs all warranting certificates shall be transferred as owner entitled to all warranty coverage and charges therefore upon demand. PART 2 - MATERIALS 2.01 Summary Use only new materials of the manufacturer, size and type shown on the Drawings and Specifications. Materials or equipment installed or furnished that do not meet City standards will be rejected and shall be removed from the site at no expense to the City. 2.02 Pipe A. All pressure supply lines downstream of backflow prevention unit shall be Schedule 40 solvent weld PVC. Piping shall conform to ASTM D1785. B. All non - pressure lines downstream of the remote control valve shall be Schedule 40 solvent weld PVC conforming to ASTM D1785. 2.03 Plastic Pipe and Fittings A. Pipe shall be marked continuously with manufacturer's name, nominal pipe size, schedule or class, PVC type and grade, National Sanitation Foundation approval, Commercial Standards designation, and date of extrusion. B. All plastic pipe shall be extruded of an improved PVC virgin pipe compound in accordance with ASTM D2241 or ASTM D1785. C. All solvent weld PVC fittings shall be standard weight Schedule 40 and shall be injection molded of an improved virgin PVC fitting compound. Slip PVC fittings shall be the "deep socket" bracketed type. Threaded SP 37 OF 61 plastic fittings shall be injection molded. All tees and ells shall be side gated. All fittings shall conform to ASTM D2466. D. All threaded nipples shall be standard weight Schedule 80 with molded threads and shall conform to ASTM D1785. E. All solvent cementing of plastic pipe and fittings shall be a two -step process, using primer and solvent cement applied per the manufacturer's recommendations. Cement shall be of a fluid consistency, not gel -like or ropy. Solvent cementing shall be in conformance with ASTM D2564 and ASTM D2855. F. When connection is plastic to metal, female adapters shall be hand tightened, plus one turn with a strap wrench. Joint compound shall be non -lead base teflon paste, tape, or approved equal. 2.04 Backflow Prevention Unit Utilize existing backflow prevention unit. 2.05 Valves A. Gate Valves: 1. Gate valves shall be of the manufacturer, size, and type indicated on the Drawings. 2. Gate valves shall be constructed of a bronze body, gate and stem with a malleable iron hand wheel. Gate valves shall have threaded connections. 3. All gate valves shall have a minimum working pressure of not less than 150 psi and shall conform to City standards. B. Quick Coupler Valves: 1. Quick coupler valves shall be of the manufacturer, size, and type indicated on the Drawings. 2. Quick coupler valves shall be brass with a wall thickness guaranteed to withstand normal working pressure of 150 psi without leakage. Valves shall have 1" female threads opening at base, with two -piece body. Valves shall be operated only with a coupler key designed for that purpose. Coupler key shall be inserted into valve and a positive, watertight connection shall be made between the coupler key and valve. SP38OF61 C. Automatic Control Valves: 1. Automatic control valves shall be of the manufacturer, size, and type indicated on the Drawings. 2. Automatic control valves shall be electrically operated. 2.06 Valve Boxes A. Valve boxes shall be fabricated from a durable, weather - resistant plastic material resistant to sunlight and chemical action of soils. B. The valve box cover shall be green in color and secured with a hidden latch mechanism or bolts. C. The cover and box shall be capable of sustaining a load of 1,500 pounds. D. Valve box extensions shall be by the same manufacturer as the valve box. E. Automatic control valve boxes shall be 18 "x11 "x12" rectangular size. Valve box covers shall be marked "RCV" with the valve identification number "heat branded" onto the cover in 2 inch high letters / numbers. F. Gate and quick coupler valve boxes shall be 10" circular size. Valve box covers shall be marked with either "GV" or "QCV" "heat branded" onto the cover in 2 inch high letters. 2.07 Automatic Controller Utilize existing controller. 2.08 Electrical A. All electrical equipment shall be NEMA Type 3, waterproofed for exterior installations. B. All electrical work shall conform to local codes and ordinances. 2.09 Low Voltage Control Wiring A. Remote control wire shall be direct - burial AWG -UF type, size as indicated on the Drawings, and in no case smaller than 14 gauge. B. Connections shall be as shown on plans. SP 39 OF 61 C. These colors shall be noted on the 'Record Drawings" Plans located on controller door. Ground and control wiring shall follow City of Newport Beach Standard wiring coding chart. 2.10 Irrigation Heads A. Irrigation heads shall be of the manufacturer, size, type, with radius of throw, operating pressure, and discharge rate indicated on the Drawings. B. Irrigation heads shall be used as indicated on the Drawings. PART 3 - EXECUTION 3.01 Site Conditions A. Inspections: 1. Prior to all work of this Section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. 2. Verify that irrigation system may be installed in strict accordance with all pertinent codes and regulations, the original design, the referenced standards, and the manufacturer's recommendations. B. Discrepancies: 1. In the event of discrepancy, immediately notify the Engineer. 2. Do not proceed with installation in areas of discrepancy until all discrepancies have been resolved. C. Grades: 1. Before starting work, carefully check all grades to determine that work may safely proceed, keeping within the specified material depths with respect to finish grade. 2. The Engineer shall accept final grades before work on this Section will be allowed to begin. 3. D. Field Measurements: SP 40 OF 61 1. Make all necessary measurements in the field to ensure precise fit of items in accordance with the original design. Coordinate the installation of all irrigation materials with all other work. 2. All scaled dimensions are approximate. Check and verify all size dimensions prior to proceeding with work under this Section. 3. Exercise extreme care in excavating and working near existing utilities. Repair damages to utilities, which are caused by Contractor's operations or neglect, at no additional cost to City. E. Layout: 1. Prior to installation, stake out all pressure supply lines, routing and location of sprinkler heads, valves, backflow, preventer, and automatic controller (unless existing is to be utilized). 2. Layout irrigation system and make minor adjustments required due to differences between site and Drawings. Where piping is shown on Drawings under paved areas, but running parallel and adjacent to planted areas, install the piping in the planted areas. F. Water Supply: Connections to, or the installation of, the water supply shall be at the locations shown on the Drawings. Minor changes caused by actual site conditions shall be made at no additional expense to the City. 3.02 Trenching A. Excavations shall be straight with vertical sides, even grade, and support pipe continuously on bottom of trench. Trenching excavation shall follow layout indicated on Drawings to the depths below finished grade and as noted. Where lines occur under paved area, these dimensions shall be considered below subgrade. B. Provide minimum cover of 24 inches on pressure supply lines. C. Provide minimum cover of 24 inches for control wires. D. Provide minimum cover of 12 inches for non - pressure lines. E. Pipes installed in a common trench shall have a 6 -inch minimum space between pipes. SP 41 OF 61 3.03 Backfilling A. Backfill material on all lines shall be the same as adjacent soil free of debris, litter, and rocks over 1/2 inch in diameter. B. Backfill shall be tamped in 4 -inch layers under the pipe and uniformly on both sides for the full width of the trench and the full length of the pipe. Backfill materials shall be sufficiently damp to permit thorough compaction, free of voids. Backfill shall be compacted to 90% relative compaction and shall conform to adjacent grades. C. Flooding in lieu of tamping is not allowed. D. Under no circumstances shall truck wheels be used to compact backfill. E. Provide sand backfill a minimum of 6 inches over and under all piping under paved areas. 3.04 Piping A. Piping under existing pavement may be installed by jacking, boring, or hydraulic driving. No hydraulic driving is permitted under asphalt pavement. B. Cutting or breaking of existing pavement is not permitted. C. Carefully inspect all pipe and fittings before installation, removing dirt, scale, burrs, and reaming. Install pipe with all markings up for visual inspection and verification. D. Remove all dented and damaged pipe Sections. E. All lines shall have a minimum clearance of 6 inches from each other and 12 inches from lines of other trades. F. Parallel lines shall not be installed directly over each other. G. In solvent welding, use only the specified primer and solvent cement and make all joints in strict accordance with the manufacturer's recommended methods including wiping all excess solvent from each weld. Allow solvent welds at least 15 minutes setup time before moving or handling and 24 hours curing time before filling. H. PVC pipe shall be installed in a manner, which will provide for expansion and contraction as recommended by the pipe manufacturer. SP 42 OF 61 I. Center load all plastic pipe prior to pressure testing. J. All threaded plastic -to- plastic connections shall be assembled using Teflon tape or Teflon paste. K. For plastic -to -metal connections, work the metal connections first. Use a non - hardening pipe dope on all threaded plastic -to -metal connections, except where noted otherwise. All plastic -to -metal connections shall be made with plastic female adapters. 3.05 Control Wiring A. Low voltage control wiring shall occupy the same trench and shall be installed along the same route as the pressure supply lines whenever possible. B. Where more than one wire is placed in a trench, the wiring shall be taped together in a bundle at intervals of 10 feet. Bundle shall be secured to the mainline with tape at intervals of 20 feet. C. All connections shall be of an approved type and shall occur in a valve box. Provide an 18 inch service loop at each connection. D. An expansion loop of 12 inches shall be provided at each wire connection and /or directional change, and one of 24 inches shall be provided at each remote control valve. E. A continuous run of wire shall be used between a controller and each remote control valve. Under no circumstances shall splices be used without prior approval. 3.06 Valves A. Automatic control valves, quick coupler, and gate valves shall be installed in the approximate locations indicated on the Drawings. B. Valve shall be installed in shrub areas whenever possible. C. Install all valves as indicated in the detail Drawings. D. Valves to be installed in valve boxes shall be installed one valve per box. 3.07 Valve Boxes A. Valve boxes shall be installed in shrub areas whenever possible. SP 43 OF 61 B. Each valve box shall be installed on a foundation of 3/4 inch gravel backfill, 3 cubic feet minimum spread over permeable landscape fabric.. Valve boxes shall be installed with their tops 1/2 inch above the surface of surrounding finish grade in lawn areas and 3 inches above finish grade in ground cover areas. 3.08 Irrigation Heads A. Irrigation heads shall be installed as indicated on the Drawings. B. Spacing of heads shall not exceed maximum indicated on the Drawings. C. Riser nipples shall be of the same size as the riser opening in the sprinkler body. 3.09 Miscellaneous Equipment A. Install all assemblies specified herein according to the respective detail Drawings or Specifications, using best standard practices. B. Quick coupler valves shall be set approximately 12 inches from walks, curbs, header boards, or paved areas where applicable. 3.10 Flushing the System A. Prior to installation of irrigation heads, the valves shall be opened and a full head of water used to flush out the lines and risers. B. Irrigation heads shall be installed after flushing the system has been completed. 3.11 Adjusting the System A. Adjust valves, align heads, and check the coverage of each system prior to coverage test. B. If it is determined by the Engineer that additional adjustments or nozzle changes will be required to provide proper coverage, make all necessary changes or adjustments prior to any planting. C. The entire system shall be operating properly before any planting operations commence. D. Automatic control valves shall be adjusted so that the irrigation heads and drip tubing operate at the pressure recommended by the manufacturer. SP 44 OF 61 3.12 Testing and Observation A. Do not allow or cause any of the work of this Section to be covered up or enclosed until it has been observed, tested and accepted by the Engineer. B. Notify the Engineer a minimum of 48 hours in advance where and when the work is ready for testing. C. When the irrigation system is completed, perform a coverage test of each system in its entirety to determine if the water coverage for the planted areas is complete and adequate in the presence of the Engineer. D. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from the Plans, or where the system has been willfully installed as indicated on the Drawings when it is obviously inadequate, without bringing this to the attention of the Engineer. This test shall be accepted by the Engineer and accomplished before starting any planting. E. Final inspection will not commence without record Drawings as prepared by the Contractor. 3.13 Maintenance During the maintenance period adjust and maintain the irrigation system in a fully operational condition providing complete irrigation coverage to all intended plantings. 3.14 Completion Cleaning Clean -up shall be made as each portion of the work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed, and any damage sustained on the work of others shall be repaired to original conditions. 308 -6 Landscape Establishment and Maintenance. Add to this section, "The plant establishment period is 60 consecutive calendar days and shall commence after the Engineer has determined the work as completed and accepted. The plant maintenance period is 30 consecutive calendar days and shall commence after the Engineer has determined the plant establishment phase as completed and accepted. Such period shall commence after all "punch list" deficiencies have been corrected to the satisfaction of the Engineer." Add to this section: SP 45 OF 61 SECTION 02970 LANDSCAPE ESTABLISHMENT AND MAINTENANCE PART 1 —GENERAL 1.01 SCOPE OF WORK: A. Furnish all labor, materials, transportation, and services necessary to provide landscape maintenance to the project as described herein. B. Related Work Specified In Other Sections: 1. Landscape Irrigation 2. Landscape Planting 1.02 AREA DEFINITION AND SCOPE: A. Contractor shall fully maintain all lanscaped areas and equipment for the full plant establishment and maintenance periods upon approval by the Engineer. 1.03 GENERAL MAINTENANCE: A. The length of the plant establishment period shall be sixty (60) consecutive calendar days and the maintenance period shall be thirty (30) consecutive calendar days. B. A punch -list walk shall be conducted at the end of the 60 day establishment period. C. Maintenance of plant materials shall include, but not be limited to weekly mowing, trimming, pruning, watering, fertilization, weed control, cultivation, pest control and clean up. The Contractor shall keep the site in a state of perpetual growth and repair. Irrigation maintenance shall include periodic operation of the system, adjustments, and minor repairs as necessary. D. All hardscape shall be kept clear of debris from the maintenance operations, erosion, run -off, irrigation, or wind blown debris. Clean up of walks shall be the Contractor's responsibility. Street gutters shall be included within the debris /siltation removal program. E. The Contractor shall provide a general clean -up operation at least once a week for the purpose of removing trash or debris which may accumulate from the use of the area, wind blown debris, or other refuse. F. All personnel on the project shall be well trained, clean, neat at all times, and be conversant with these specifications. G. All work shall be performed in accordance with the best landscape maintenance practices and in keeping with the high aesthetic level of the facilities being maintained. H. Contractor shall be responsible for removing all weeds in joints of SP 46 OF 61 sidewalks, curbs, and hardscape throughout the project. I. All landscape areas shall be patrolled weekly to check for vandalism damage, broken tree branches, rodents, insects, pests, and diseases. J. Water management: 1. Water only as required to allow penetration into the soil and avoid excess run -off. Once plant material is established, water only as needed to maintain healthy plant material. 2. Avoid water waste by setting controllers appropriately for the current season and weather. K. Avoid blocking the clear view of signs, illumination of light fixtures, the airflow out of vents and conflict with pedestrians and vehicles or their views. L. Safety of users shall be a prime goal of maintenance especially in regard to trimming of ground covers away from edges. M. The Contractor, at his own expense, shall immediately replace all plant material that has failed during the Landscape Maintenance Phase. 1.04 QUALITY ASSURANCE: A. Work Force: 1. The Contractor's representative shall be experienced in landscape maintenance and shall have received an education in ornamental horticulture. The Contractor shall give his personal supervision to the work or shall have a competent foreman on the job site at all times during progress of the work. 2. The Contractor shall provide and maintain a current list of emergency telephone numbers for 24 -hour emergency response. The Contractor shall initiate remedial action within two (2) hours from the time of notification. 1.05 LANDSCAPE ESTABLISHMENT AND MAINTENANCE PHASE: A. The Contractor shall continuously maintain all areas involved in this contract as denoted on drawings during the progress of the work and during the Landscape Establishment and Maintenance Phase until final acceptance of the work by the Engineer. B. Improper maintenance or poor condition of any plantings as determined by the Engineer, during or at the end of the scheduled establishment period and maintenance period may cause postponement of the final completion date of the contract at the Contractor's cost. Project maintenance shall be continued by the Contractor at his expense until all work is acceptable to the Engineer. C. Any period of time the Contractor fails to adequately maintain plantings, replace unsuitable plants, perform weed control or other work, as determined by the Engineer, that time will not be credited to the plant establishment and maintenance period, and shall be added on the end of SP 47 OF 61 the Landscape Maintenance Phase. D. The Contractor's Maintenance period shall be extended should the provisions within these plans and specifications not be fulfilled to the Engineer's satisfaction. 1.06 START OF LANDSCAPE ESTABLISHMENT PHASE: A. The 60 day Landscape Establishment Phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete and accepted by the Engineer. B. The Contractor shall request an inspection to begin the Landscape Establishment Phase after all planting and related work has been completed in accordance with the contract documents. If such criteria are met to the satisfaction of the Engineer, a field notification shall be issued to the Contractor from the Engineer, to establish the effective beginning date of the Landscape Establishment Phase. The Engineer has the ultimate authority in setting the beginning date for the Landscape Establishment. 1.07 START OF LANDSCAPE MAINTENANCE PHASE A. The 30 day Landscape Maintenance Phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete and accepted by the Engineer at the end of the Landscape Establishment Phase. B. The Contractor shall request an inspection to begin the Landscape Maintenance Phase after all planting and related work has been reviewed and accepted by the Engineer. If such criteria are met to the satisfaction of the Engineer, a field notification shall be issued to the Contractor from the Engineer, to establish the effective beginning date of the Landscape Maintenance Phase. The Engineer has the ultimate authority in setting the beginning date for the Landscape Establishment. 1.08 GUARANTEE AND REPLACEMENT: A. All plant material installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one year. This guarantee shall begin from the date of final acceptance at the end of the Landscape Maintenance Phase as established by the Engineer. Any plant material found to be dead, missing or in poor condition as determined by the Engineer, shall be immediately replaced by the Contractor at his expense. B. Any materials found to be dead, missing, or in poor condition as determined by the Engineer, during the Landscape Maintenance Phase shall be replaced immediately, not at the end of the Landscape Maintenance Phase prior to inspection. The Engineer shall be the sole SP 48 OF 61 judge as to the condition of material. Material to be replaced within the guarantee period shall be replaced by the Contractor within five (5) days. PART 2 — EXECUTION 2.01 MAINTENANCE: A. Maintenance shall conform to the following standards: 1. All areas shall be kept free of debris and all planted areas shall be mowed, weeded and cultivated at intervals of not more than ten (10) consecutive calendar days. Watering, trimming, fertilization, spraying and pest control, as may be required, shall be included in the maintenance period. 2. The Contractor shall be responsible for maintaining adequate protection of the entire project area. Damaged areas caused by erosion, tire damage, pests or other damage as deemed by the Engineer shall be repaired at the Contractor's expense. 3. All paved areas and other areas adjacent to the planting areas shall be cleaned of all debris, soil, or other materials at intervals of not more than seven (7) consecutive calendar days. 2.02 SHRUB CARE: A. Watering: 4. Maintain a large enough water basin around plants in groundcover areas so that enough water can be applied to establish moisture through the major root zone. When hand - watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering. B. Pruning: 1. Shrubs: a. Shrubs shall not be clipped in balled or boxed forms unless such is required by the design. b. All burning cuts shall be made to lateral branches or buds or flush with the trunk. Stubbing will not be permitted. C. Remove any spent blossoms or flower stalks after flowering. d. Hedges and most plant masses shall be pruned into a mass form, not individual plant balls or boxes. C. Weed Control: 1. Keep basins and areas between plants free of weeds. Use recommended legally approved pre- emergent herbicides and removal by hand methods. Avoid frequent soil cultivation that destroys shall roots. Use mulches to help prevent weed seed germination. Avoid post- emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. SP 49 OF 61 2. Use of chemical spraying may be necessary to rid turf areas of noxious weeds. D. Insect Control: 1. Maintain a reasonable control with approved materials and methods that are legally accepted in the area. E. Disease and Pest Control: 1. The Contractor shall be responsible to control all diseases and pests during the Landscape Establishment and Maintenance Phases. All disease and pest control materials and methods shall be at the direction of a licensed pest control operator. The Engineer shall be made aware of all methods and materials to be used for disease and pest control. The Contractor shall implement the control measures exercising extreme caution in using pesticides and taking all necessary steps to ensure the safety of the public. F. Fertilization: 1. Fertilize all planting areas with the following materials. a. Fertilize with "Gro -Power Plus" at 30 lbs. /1,000 s.f. every thirty (30) calendar days (twice during the maintenance period), or as indicated by the agronomic soils test. Apply "Gro-Power Controlled Release Nitrogen" five (5) calendar days before the end of the maintenance period, or as indicated by the agronomic soils test. The Contractor shall adhere to fertilization requirements of the soils tests at no additional cost. Provide receipts denoting material used and quantities provided at each site to the Engineer. For on- going fertilization, in early fall and spring, substitute a complete fertilizer such as 16 -6 -8, or equal, for the sulfur coated urea at the rate of 6 lbs. per 1000 sq. ft. to ensure continuing supplies of phosphorus and potassium. 2.03 IRRIGATION SYSTEM A. The Contractor shall check all systems for proper operation a minimum of once a week. Lateral lines shall be flushed out after removing the last sprinkler head or two at each end of the lateral as deemed necessary. All heads are to be adjusted as necessary for 100 %, head -to -head coverage. B. Set and program automatic controllers for seasonal water requirements. Contact the City's central irrigation control person prior to any adjustments to controllers. The Contractor shall adjust his watering schedule equal to the application rate each area is capable of receiving based on topography, soil type, plant material, season, and weather. Give Engineer a key to new controllers and instructions on how to turn off the system in case of emergency. C. Repair all damages to the irrigation system at the Contractor's expense. Repairs shall be made within one watering cycle. All replaced equipment SP 50 OF 61 shall match the equipment specified on the plans and specifications. 2.04 FINAL ACCEPTANCE A. The Contractor shall be aware that the landscape shall be in a vigorous and thriving condition prior to final acceptance. All plant material which may still be under stress from the Construction Phase shall at this time be rejected and replaced by healthy and vigorous plant material prior to final acceptance to the Engineer's satisfaction.. C. All plant material shall have new growth trimmed neatly, and all hardscape shall be cleaned prior to final acceptance. SP 51 OF 61 Appendix A Concrete Interlocking Paver and Pre - Engineered Curb Wall Manufacturer's Specification for West Newport Landscape Project SP 52 OF 61 SECTION 231413 INTERLOCKING CONCRETE PAVERS and PRE - ENGINEERED CURB WALL (1995 MasterPormat Section 02780) 1.01 SUMMARY A. Sec 1. 2. 3. 4. PART 1 GENERAL tion Includes: Interlocking Concrete Paver Units (manually installed) Bedding and Joint Sand. Edge Restraints. (Cleaner, Sealers, and Joint sand stabilizers]. Note: Pavements subject to vehicles should be designed in consultation with a qualified civil engineer, in accordance with established pavement design procedures, ICPI Lockpave software, and in accordance with the ICPI Tech Spec technical bulletins. Use the current year reference. 1.02 REFERENCES A. American Society for Testing and Materials (ASTM): 1. ASTM C 33, Standard Specification for Concrete Aggregates. 2. C 67, Standard Test Methods for Sampling and Testing Brick and Structural Clay Tile, Section 8, Freezing and Thawing. 3, ASTM C 136, Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates. 4. ASTM C 140, Standard Test Methods for Sampling and Testing Concrete Masonry Units and Related Units. 5. ASTM C 144, Standard Specification for Aggregate for Masonry Mortar. 6. ASTM C 936, Standard Specification for Solid Concrete Interlocking Paving Units. 7. ASTM C 979, Standard Specification for Pigments for Integrally Colored Concrete. 8. ASTM D 698, Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,000 ft- Ibf /ft3 (600 kN- m /m3)). 9. ASTM D 1557, Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft- Ibf /ft3 (2,700 kN- m /m3)). 10. ASTM D 2940, Specification for Graded Aggregate Material for Bases or Subbases for Highways or Airports. B. Interlocking Concrete Pavement Institute (ICPI): 1. ICPI Tech Spec Technical Bulletins 1.03 SUBMITTALS A. In accordance with Conditions of the Contract and Division 1 Submittal Procedures Section. SP 53 OF 61 B. Manufacturer's drawings and details: Indicate perimeter conditions, relationship to adjoining materials and assemblies, concrete paver layout, patterns, color arrangement, installation and setting details. C. Sieve analysis per ASTM C 136 for grading of bedding and joint sand. D. Concrete pavers and Pre - Engineered Curb Walls: 1. Four representative full -size samples of each paver type, thickness, color, finish that indicate the range of color variation and texture expected in the finished installation. 2. Accepted samples become the standard of acceptance for the work. 3. Test results from an independent testing laboratory for compliance of concrete pavers with ASTM C 936. 4. Manufacturer's certification of concrete pavers by ICPI as having met applicable ASTM standards. 5. Manufacturer's catalog product data, installation instructions, and material safety data sheets for the safe handling of the specified materials and products. E. Paver Installation Subcontractor: 1. A copy of Subcontractor's current certificate from the Interlocking Concrete Pavement Institute Concrete Paver Installer Certification program. 2. Job references from projects of a similar size and complexity. Provide Owner /Client/General Contractor names, postal address, phone, fax, and email address. F. Pre - Engineered Curb Wall Installation Subcontractor: 1. A copy of Subcontractor's current certificate from the Interlocking Concrete Pavement Institute Concrete Paver Installer Certification program. 2. Job references from projects of a similar size and complexity. Provide Owner /Client/General Contractor names, postal address, phone, fax, and email address 1.04 QUALITY ASSURANCE A. Paving Subcontractor Qualifications: 1. Utilize an installer having successfully completed concrete paver installation similar in design, material, and extent indicated on this project. 2. Utilize an installer holding a current certificate from the Interlocking Concrete Pavement Institute Concrete Paver Installer Certification program. B. Comply with all applicable local, state, federal requirements regarding materials, methods of work, and disposal of excess and waste materials. C. Mock -Ups: 1. Install a 7 ft x 7 ft (2 x 2 m) paver area. 2. Install a 10' L.F. Pre - Engineered Curb Wall. SP 54 OF 61 3. Use these mock -ups to determine surcharge of the bedding sand layer, joint sizes, lines, laying pattern(s), color(s) and texture of the job. 4. This area will be used as the standard by which the work will be judged. 5. Subject to acceptance by owner, mock -up may be retained as part of finished work. 6. If mock -up is not retained, remove and properly dispose of mock- up. 1.05 DELIVERY, STORAGE & HANDLING A. General: Comply with Division 1 Product Requirement Section. B. Comply with manufacturer's ordering instructions and lead -time requirements to avoid construction delays. C. Delivery: Deliver materials in manufacturers original, unopened, undamaged containers packaging with identification labels intact. 1. Coordinate delivery and paving schedule to minimize interference with normal use of buildings adjacent to paving. 2. Deliver concrete pavers to the site in steel banded, plastic banded or plastic wrapped packaging capable of transfer by forklift or clamp lift. 3. Unload pavers at job site in such a manner that no damage occurs to the product. D. Storage and Protection: Store materials protected such that they are kept free from mud, dirt, and other foreign materials. 1. Cover bedding sand and joint sand with waterproof covering if needed to prevent exposure to rainfall or removal by wind. Secure the covering in place. 1.06 PROJECT/SITE CONDITIONS A. Environmental Requirements: 1. Do not install wall, sand or pavers during heavy rain or snowfall. 2. Do not install wall, sand and pavers over frozen base materials. 3. Do not install frozen sand or saturated sand. 4. Do not install concrete pavers on frozen or saturated sand. 1.07 MAINTENANCE A. Extra Materials: Provide 10% additional material for use by owner for maintenance and repair. B. Pavers shall be from the same production run as installed materials. SP 55 OF 61 PART 2 PRODUCTS 2.01 INTERLOCKING CONCRETE PAVERS A. Manufacturer: Acker -Stone Ind., Inc. 13296 Temescal Canyon Rd. Corona, CA 92883 1. Contact: Sales Rep. 800 - 258 -2353 B. Interlocking Concrete Pavers: 1. Paver Type: Antique Kobble, 6cm, Flat Top, Herringbone Pattern a. Material Standard: Comply with material standards set forth in ASTM C 936. b. Color and finish: Buff Tan Pewter Mix Flat Top C. Color Pigment Material Standard: Comply with ASTM C 979. d. Average Compressive Strength (C140): 8000 psi (55 MPa) with no individual unit under 7200 psi (50 MPa) per ASTM C 140. e. Average Water Absorption (ASTM C 140): 5% with no unit greater than 7 %. f. Freeze /Thaw Resistance (ASTM C 67): Resistant to 50 freeze /thaw cycles with no greater than 1 % loss of material. Freeze -thaw testing requirements shall be waived for applications not exposed to freezing conditions. C. Pre - Engineered Curb Wall: 1. Paver Type: Gravel Wall a. Material Standard: Comply with material standards set forth in ASTM C 936. b. Color and finish: Charcoal Brown Buff C. Color Pigment Material Standard: Comply with ASTM C 979. d. Average Compressive Strength (C140): 8000 psi (55 MPa) with no individual unit under 7200 psi (50 MPa) per ASTM C 140. e. Average Water Absorption (ASTM C 140): 5% with no unit greater than 7 %. f. Freeze/Thaw Resistance (ASTM C 67): Resistant to 50 freeze /thaw cycles with no greater than 1 % loss of material. Freeze -thaw testing requirements shall be waived for applications not exposed to freezing conditions. 2.02 PRODUCT SUBSTITUTIONS A. Substitutions: No substitutions permitted. 2.03 BEDDING AND JOINT SAND A. Provide bedding and joint sand as follows: SP 56 OF 61 1. Washed, clean, non - plastic, free from deleterious or foreign matter, symmetrically shaped, natural or manufactured from crushed rock. 2. Do not use limestone screenings, stone dust, or sand for the bedding sand material that does not conform to conform to the grading requirements of ASTM C 33. 3. Do not use mason sand or sand conforming to ASTM C 144 for the bedding sand. 4. Where concrete pavers are subject to vehicular traffic, utilize sands that are as hard as practically available. 5. Sieve according to ASTM C 136. 6. Bedding Sand Material Requirements: Conform to the grading requirements of ASTM C 33 with modifications as shown in Table 1. Table 1 Grading Requirements for Bedding Sand ASTM C 33 Sieve Size Percent Passing 3/8 in.(9.5 mm) 100 No. 4 (4.75 mm) 95 to 100 No. 8 (2.36 mm) 85 to 100 No. 16 (1.18 mm) 50 to 85 No. 30 (0.600 mm) 25 to 60 No. 50 (0.300 mm) 10 to 30 No. 100 (0.150 mm) 2 to 10 No. 200 (0.075 mm)0 to 1 Note: Coarser sand than that specified in Table 2 below may be used for joint sand including C 33 material as shown in Table 1. Use material where the largest sieve size easily enters the smallest joints. For example, if the smallest paver joints are 2 mm wide, use sand 2 mm and smaller in particle size. If C 33 sand is used for joint sand, extra effort may be required in sweeping material and compacting the pavers in order to completely fill the joints. 7. Joint Sand Material Requirements: Conform to the grading requirements of ASTM C 144 as shown with modifications in Table 2 below: Grading Re ASTM C 144 Natural Sand Sieve Size Percent Passing No. 4 (4.75 mm) 100 No. 8 (2.36 mm) 95 to 100 Table 2 auirements for Joint Sand ASTM C 144 Manufactured Sand Percent Passing 100 95 to 100 No. 16 (1.18 mm) 70 to 100 70 to 100 No. 30 (0.600 mm) 40 to 75 40 to 100 No. 50 (0.300 mm) 10 to 35 20 to 40 No. 100 (0.150 mm) 2 to 15 No. 200 (0.075 mm)0 to 1 0 to 10 PART 3 EXECUTION 3.02 EXAMINATION 10 to 25 SP 57 OF 61 Note: Compaction of the soil subgrade is recommended to at least 90% standard Proctor density per ASTM D 698 for pedestrian areas and residential driveways. Compaction to at least 90% modified Proctor density per ASTM D 1557 is recommended for areas subject to heavy vehicular traffic. Stabilization of the subgrade and/or base material may be necessary with weak or saturated subgrade soils. Note: Local aggregate base materials typical to those used for highway flexible pavements are recommended, or those conforming to ASTM D 2940. Compaction of aggregate is recommended to not less than 90% Proctor density in accordance with ASTM D 698 is recommended for pedestrian areas and residential driveways. 90% modified Proctor density according to ASTM D 1557 is recommended for vehicular areas. Mechanical tampers are recommended for compaction of soil subgrade and aggregate base in areas not accessible to large compaction equipment. Such areas can include that around lamp standards, utility structures, building edges, curbs, tree wells and other protrusions. Note: Prior to spreading the bedding sand, the recommended base surface tolerance should be t3 /8 in. ( ±10 mm) over a 10 ft. (3 m) straight edge. See ICPI Tech Spec 2, Construction of Interlocking Concrete Pavements for further guidance on construction practices. Note: The elevations and surface tolerance of the base determine the final surface elevations of concrete pavers. The paver installation contractor cannot correct deficiencies in the base surface with additional bedding sand or by other means. Therefore, the surface elevations of the base should be checked and accepted by the General Contractor or designated party, with written certification to the paving subcontractor, prior to placing bedding sand and concrete pavers. A. Acceptance of Site Verification of Conditions: 1. General Contractor shall inspect, accept and certify in writing to the paver installation subcontractor that site conditions meet specifications for the following items prior to installation of interlocking concrete pavers. SP 58 OF 61 a. Verify that subgrade preparation, compacted density and elevations conform to specified requirements. b. Verify that geotextiles, if applicable, have been placed according to drawings and specifications. C. Verify that Aggregate base materials, thickness, compacted density, surface tolerances and elevations conform to specified requirements. d. Provide written density test results for soil subgrade, aggregate base materials to the Owner, General Contractor and paver installation subcontractor. e. Verify location, type, and elevations of edge restraints, concrete collars around curbs. Do not proceed with installation of bedding sand and interlocking concrete pavers until subgrade soil and base conditions are corrected by the General Contractor or designated subcontractor. 3.03 PREPARATION A. Verify base is dry, certified by General Contractor as meeting material, installation and grade specifications. B. Verify that base is ready to support sand, and, pavers and imposed loads. 3.04 INSTALLATION A. Spread bedding sand evenly over the base course and screed to a nominal 1 in. (25 mm) thickness, not exceeding 11/2 in. (40 mm) thickness. Spread bedding sand evenly over the base course and screed rails, using the rails and /or edge restraints to produce a nominal 1 in. (25 mm) thickness, allowing for specified variation in the base surface. 1. Do not disturb screened sand. 2. Screened area shall not substantially exceed that which is covered by pavers in one day. 3. Do not use bedding sand to fill depressions in the base surface. Note: When initially placed on the bedding sand, manually installed pavers often touch each other, or their spacer bars if present. Joint widths and lines (bond lines) are straightened and aligned to specifications with rubber hammers and pry bars as paving proceeds. B. Lay pavers in pattern specified on Drawings. Place units hand tight without using hammers. Make horizontal adjustments to placement of laid pavers with rubber hammers and pry bars as required. Note: Contact manufacturer of interlocking concrete paver units for recommended joint widths. SP 59 OF 61 C. Provide joints between pavers between [1/16 in. and 3/16 in. (2 and 5 mm)] wide. No more than 5% of the joints shall exceed [1/4 in. (6 mm)] wide to achieve straight bond lines. D. Joint (bond) lines shall not deviate more than t1 /2 in. ( ±15 mm) over 50 ft. (15 m) from string lines. E. Fill gaps at the edges of the paved area with cut pavers or edge units. F. Cut pavers to be placed along the edge with a masonry saw. G. Cut pavers at edges as indicated on the drawings. H. Keep skid steer and forklift equipment off newly laid pavers that have not received initial compaction and joint sand. I. Use a low- amplitude plate compactor capable of at least minimum of 4,000 Ibf (18 kN) at a frequency of 75 to 100 Hz to vibrate the pavers into the sand. Remove any cracked or damaged pavers and replace with new units. J. Simultaneously spread, sweep and compact dry joint sand into joints continuously until full. This will require at least 4 to 6 passes with a plate compactor. Do not compact within 6 ft (2 m) of unrestrained edges of paving units. K. All work within 6 ft. (2 m) of the laying face must shall be left fully compacted with sand - filled joints at the end of each day or compacted upon acceptance of the work. Cover the laying face or any incomplete areas with plastic sheets overnight if not closed with cut and compacted pavers with joint sand to prevent exposed bedding sand from becoming saturated from rainfall. L. Remove excess sand from surface when installation is complete. Note: Excess joint sand can remain on surface of pavers to aid in protecting their surface especially when additional construction occurs after their installation. If this is the case, delete the article above and use the article below. Designate person responsible for directing timing of removal of excess joint sand. M. Allow excess joint sand to remain on surface to protect pavers from damage from other trades. Remove excess sand when directed by Engineer. N. Surface shall be broom clean after removal of excess joint sand. 3.05 FIELD QUALITY CONTROL Note: Surface tolerances on flat slopes should be measured with a rigid straightedge. Tolerances on complex contoured slopes should be measured with a flexible straightedge capable of conforming to the complex curves on the pavement surface. A. The final surface tolerance from grade elevations shall not deviate more than , +_3/8 in. ( ±10 mm) under a 10 ft (3 m) straightedge. B. Check final surface elevations for conformance to drawings. SP 60 OF 61 (Vote: For installations on a compacted aggregate base and soil subgrade, the top surface of the pavers may be 9/8 to 914 in. (3 to 6 mm) above the final elevations after compaction. This helps compensate for possible minor settling normal to pavements. C. The surface elevation of pavers shall be 1/8 in. to 114 in. (3 to 6 mm) above adjacent drainage inlets, concrete collars or channels. D. l_ippage: No greater than 118 in. (3 mm) difference in height between adjacent pavers. 3.07 PROTECTION A. After work in this section is complete, the Contractor shall be responsible for protecting work from damage due to subsequent construction activity on the site. SP 61 OF 61 Appendix B Soils Analysis and Recommendations for West Newport Landscape Project IN" Obapsoom es"s am&, CA tam Rama Ilass fit. 16.0. % wW j e rA % Ir sow i4 SiM # 1 itM %Nis Was remmet" for um #/i tiOe�t,tfa 1 SOMANNIS MMttS et" n r M. lbaft tm O? 7~ maims". own adwtt*... t f ftw ices erlreClaot t0 tUb as&&"ta MAae! ON NOW • teM- 3449n. ................................................ ............................... on AMMANIS s to 4.le son !fin Mwwo, toss irt. U'" d"t.8 1414.4 no zinnurettea ame to MAP" e.su "Akmr C.o.d. 1e.7 mooneft soma um aftue tam 3.9 e modus vowed" heft 0.5 Mp. Ocws"O no" a""W" sst. "to"" *6106" 1.0 NAea rq.tt. Mttaekw 1.34 per! 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Plans giw asaersr twortiliser wobu** As rich eels Par monstaoturwto MatawKlagg, It 6-24.24 was a" a/arrtllr a#b# be beewill wax, during besuill a#Pay, "Assmobw a I" 1ooals aaat 1,18 a of 4 -30-80 Par palarw embuiasag, i Tai awasa rb" 8 as 6-20 -10 Pas P Pallas, 0 M Nowsaft plan P es # -80-20 par 84 iwa bursa. #a++a,I sera awaaa#tei 0 1 K aril aapsseasuwt# #10%w as.n•t � tlaattillgs�M Ott it 1 Paw" e1 #swaa�+aw #inlets* #88 -4 -0 Parr it" "- lt.eewsatr mo as "tit phsats ba.grs orrReiaiiabsi. irtteae sstaUaa#, apPY 4 P+w+s ## Tei-C Non"s -floss is Ow Pall sari saelas "a 1t -1 -4 Eae slwllor pewpaestiawi w p#wiM 400imw 9 ► us" ad #s1se. •* awrrisnd SMOVUWA afar to" age e0bares sang bait is Pass": be powetose sew aer *a er"A s 0 sg1a#1 wbaw tovaeoud. 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT FEB 0 4 7n1'q Agenda Item No. 6 February 9, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Peter Tauscher, Junior Engineer 949 -644 -3316 or pauscher@newportbeachca.gov SUBJECT: WEST NEWPORT LANDSCAPING PROJECT AWARD OF CONTRACT NO. 4338 RECOMMENDATIONS: 1./ 1 A. prove the project drawings and specifications. 2. Award Contract No. 4338 to Tal Cal Engineering, Inc. (Tal Cal) for the Total Bid Price of $88,740.75, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $9,259.25 to cover the cost of unforeseen work. DISCUSSION: At 10:00 a.m. on January 26, 2010, the City Clerk opened and read the following thirteen bids for The West Newport Landscaping project. Bids received were as follows: * ' Bid read as $152,545.00 ** Bid read as $228,329.99 BIDDER TOTAL BID AMOUNT Low Tal Cal Engineering, Inc. $ 88,740.75 2 Merchants Landscape Services, Inc. $ 95,578.05 3 Green Giant Landscape, Inc. $ 102,004.25 4 Hondo Company, Inc. $ 113,281.75 5 Mariposa Landscape, Inge $ 119,554.06 6 R.E. Schultz Construction Services $ 129,778.40 7 America West Landscape, Inc. $ 142,807.36 8 Micon Construction, Inc. $ 147,491.55 9 ACE CD, Inc. $ 151,699.00 10 Big Ben, Inc. $ 152,504.24 11 Belaire -West Landscaping, Inc. $ 156,982.00 12 KASA Construction, Inc. $ 175,190.75 13 Sunrise Landscaping Company, Inc. $ 228,393.92 * ' Bid read as $152,545.00 ** Bid read as $228,329.99 • 0 West Newport Landscaping Project — Award of contract No. 4338 February 9, 2010 Page 2 The apparent low total bid amount is 21 percent lower than the Engineer's Estimate of $112,000.00. Although the Engineer's Estimate is based on cost for similar types of work, and the bid spread was in range with the estimate, this difference between the estimate and low bid price probably is more a result of the continuing highly competitive construction marketplace. The low bidder, Tal Cal, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of Tal Cal's references indicates satisfactory completion of similar projects for the City and the Riverside County Flood Control District. The work necessary to complete this contract consists of removing and disposing of existing landscaping, irrigation, concrete sidewalk and curb, and other related materials; and installing landscape materials, irrigation system, concrete pavers, retaining wall, concrete curb, and three parking pay station concrete foundations. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work, followed by a 90- consecutive calendar day plant establishment and maintenance period. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 of the CEQA Guidelines. This exemption covers the minor alteration of existing landscaping. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, City - prepared notices will be distributed by the Contractor to all residents bound by 60th Street, Summit Street, West Coast Highway, and West Ocean Front. Geotechnical Services: In addition to the contract costs, approximately $4,000.00 in consulting geotechnical services is estimated for this project and will be performed under the on -call professional services agreement with GMU Geotechnical, Inc. providing compaction tests on the subgrade prior to installing concrete pavers and retaining wall. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Account Number Amount General Fund 7023- C4002007 $104,500.00 Total: $104,500.00 Proposed uses are as follows: Vendor Tal Cal Engineering, Inc. Tal Cal Engineering, Inc. GMU Geotechnical David Volz Design Various Prepared by: PPeter Tauscher Junior Engineer 0 West Newport Landscaping Project —Award of ConUact No. 4338 February 9, 2010 Page 3 Purpose Construction Contract Construction Contingency Geotechnical Services Construction Support Services Printing and Incidentals Total Attachment: Project Location Map Submitted by: Amount $ 88,740.75 9,259.25 4,000.00 2,000.00 500.00 $104,500.00 Director WEST NEWPORT LANDSCAPING PROJECT C-4338 Ljja�Y � lw WEST COAST HIGHWAY rn SITE #2 v SITE #3 IN 0 0 VICINITY MAP N.T.S.•