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HomeMy WebLinkAboutC-3897(A) - Marina Park - Demolition and Tree RelocationCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC August 26, 2015 Unlimited Environmental, Inc. 139032 nd Street Signal Hill, CA 90755 Subject: Marina Park Project — Demolition and Tree Relocation — C -3897(A) Dear Unlimited Environmental, Inc.: On March 25, 2014, 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 65 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 April 4, 2014. Reference No. 2014000126970. The Surety for the contract is International Fidelity Insurance Company and the bond number is 0617990. Enclosed is the Faithful Performance Bond. Sincerely, -il, � F ail.MC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov Executed In Duplicate EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 0617990 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 6,937.00 , being at the rate Of $100,000 x 2.5%1$295,770 x 1.5"x" __ thousand of the Contract price. WHEREAS, the City of Newport Beach, State of Califomia, has awarded to UNLIMITED ENVIRONMENTAL, INC. hereinafter designated as the "Principal," a contract for Marina Park — Demolition and Tree Relocation in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and International Fidelity Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Ninety -Five Thousand Seven Hundred Seventy Dollars and 00/100 ($395,770.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements In the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 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 City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Unlimited Environmental, Inc. Page C-1 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 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 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 as b4en duly executed by the Principal and Surety above named, on the 19th daX of N e ter 2013 . Unlimited Environmental, Inc. Name of Contractor (Principal) Intemational Fidelity Insurance Company Name of Surety 233 Wilshire Blvd.. #820. Santa Monica. CA 90401 Address of Surety 310.395-7887 Telephone William Sorkin. Attorney -In -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Unlimited Environmental, Inc. Page C-2 r. ACKNOWLEDGMENT State of California County of Los Angeles }ss. On November 19 2013 before me, Corinne L. Hernandez Notary Public, personally appeared William Syrkin _ 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 ha/shelthey executed the same in his/her/their authorized capacity('es), and that by his/heritheir 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. c CORNU L. HtRNANO[Z WITNESS my hand and official seal. f >{ C ommission ,t 19052 Notary Publio - California z zVl pld Los An eles Comp Cnrrm c 'cs 5,,,r 24 2014' t Signature (sea') ACKNOWLEDGMENT State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capaclty(ies), and that by his/her/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Unlimited Environmental, Inc. (seal) Irvine, CA NEWPORT BEACH OFFICE OF THE CITY CLERK June 6, 2014 Unlimited Environmental, Inc. 1390 32nd Street Signal Hill, CA 90755 Subject: Marina Park Project - Demolition and Tree Relocation - C -3897(A) Dear Unlimited Environmental, Inc.: On March 25, 2014 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 65 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 April 4, 2014, Reference No. 2014000126970. The Surety for the bond is International Fidelity Insurance Company and the bond number is 0617990. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www,newportbeachca.gov Premium Included In Performance Bond Executed In Duplicate EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 0617990 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to UNLIMITED ENVIRONMENTAL, INC. hereinafter designated as the °Principal,° a contract for Marina Park — Demolition and Tree Relocation in the City of Newport Beach, In strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, International Fidelity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Ninety -Five Thousand Seven Hundred Seventy Dollars and 00/100 ($395,770.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, Implements or machinery used In, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for•the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 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 9500 et seq, of the Civil Code of the State of Califomia. Unlimited Environmental. Inc. Page B-1 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 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 named Principal and Surety, on the 19th day d Unlimited Environmental, Inc. Name of Contractor {Principal} Intemational Fidelity Insurance Company Name of Surety 233 Wilshire Blvd., #820, Santa Monica, CA 90401 Address of Surety 310-395-7887 Telephone executed by the above 2U 13 , Agent Signature William Syrkin, Attorney -In -Fact _ Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTACHED Unlimited Environmental, Inc. Page 8-2 ACKNOWLEDGMENT State of California County of Los Angeles ) ss. On November 19 2013 before me, Corinne L. Hemandez Notary Public, personally appeared William Syrkin who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - � CORINNE L HERNANDEZ WITNESS my hand and official sea]. �� #t, Commission # 19 5265 Z $ Notary Public California .,...,Les Angelo County o - My Coma Exp -res Sen'14, 2014 ff)AIMA pit I" lgnature (seal) ACKNOWLEDGMENT State of California County of ) ss. On 20 before me, Notary Public, personally appeared . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the some in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature Unlimited Environmental, Inc. (seal) ')WQA , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On 1 I0 -m 13 before me, M Pxts nke, N&CII'VV 1(!(011 C,, Deq Name and Tbk d Olfi., (a.g.,'Jane Doe, Notary Pobl- personally appeared M. BUS AMAIM Commission N 2027932 '� • Notary Public - California Los Angeles County M Comm. Expires Ju15. 2017 ❑ personally known to me *roved 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. WITNE h d official seal. Signature of Nmary Public OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: INNIM ❑ Individual Top o1 thumb here ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 01999 National Notary AssoeaMn •9350 Do $olo Ave., P.O. Box 2402 • Chatomdr, CA 913152002 • vovGoaXonohohary.oy Prod. No. 5907 Beordec Call Toll -Free 1-SOOS765a27 , jb)ded in Official Records, Orange County Hu_f�Nguyen, Clerk -Recorder RECORDING REQUESTED BY AND �lll !�lII II II II II IIII IIII II III II I 1111 N WHEN RECORDED RETURN�`TO. ` 1 R �I 6 0 9 5 8$ 0 FEE City Clerk - - 65 01 000126970 10:25 am 04104114 12 I City of Newport Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Unlimited Environmental, Inc. of Signal Hill, CA, as Contractor, entered into a Contract on October 23, 2013. Said Contract set forth certain improvements, as follows: Marina Park Project – Demolition and Tree Relocation C -3897(A) Work on said Contract was completed, and was found to be acceptable on March 25, 2014, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is International Fidelity Insurance Company. Fe6lic Works Director City 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 p a m &4at Newport Beach, California. BY 4&, 4, L� � — City CI rk �L/ Po RN" CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC March 27, 2014 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: • Marina Park Project — Demolition and Tree Relocation Contract No. 3897(A) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 3969 Ai�p rt Rrn lPcar� • post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 - www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Unlimited Environmental, Inc. of Signal Hill, CA, as Contractor, entered into a Contract on October 23, 2013. Said Contract set forth certain improvements, as follows: Marina Park Project— Demolition and Tree Relocation C -3897(A) Work on said Contract was completed, and was found to be acceptable on March 25, 2014, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is International Fidelity Insurance Company. is Works 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 MAO 6AO l�rP� �f/%`f at Newport Beach, California. BY fi&ir City CI&k �P CiTY OF NEWPORT BEACH City Council Staff Report March 25, 2014 Agenda Item No. 8. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeach.gov PREPARED BY: Iris Lee, Senior Civil Engineer PHONE: (949) 644-3323 TITLE: Marina Park Project — Demolition and Tree Relocation (Bid Package 1): Completion and Acceptance of Contract No. 3897-A (CAP09-0070) ABSTRACT: On October 22, 2013, City Council awarded Marina Park Project — Demolition and Tree Relocation (Bid Package 1) Contract No. 3897-A to Unlimited Environmental, Inc., for a total contract amount of $395,770.00 plus $9,360 for a twelve month tree maintenance contract and a 15 percent allowance to cover the cost of unforeseen work. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATION: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after this Council acceptance. FUNDING REQUIREMENTS: 153 Account Amount ccount Descri tion Marina Park 7411-C4002002 $328,253.96 Total: $ 328,253.96 153 DISCUSSION: Overall Contract Cost/Time Summary Awarded Actual %Due to %Due to Allowed Actual Time Contract Final Cost at Contingency Contract Directed Unforeseen Contract Under () or Amount Completion Allowance Change Change Change Time (Days) Over (+) _ $395,770.00 _ $328,253.9615% or less -17.1% -22.0% 4.9% 45 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: $ 395,770.00 Actual cost of bid items constructed: $ 395,770.00 Total change orders: $ (67,516.04) Final contract cost: $ 328,253.96 The Marina Park Project is divided into four general construction plan sets and bid packages: (1) Site Demolition and Tree Relocation; (2) Marina Basin Construction; (3) Community Center and Park; and (4) Docks. Contract No. 3897-A was awarded for work related to Bid Package 1, which included removing the former mobile home park units, site clearing, disconnecting/capping/removing of supporting utilities, and relocating existing on-site trees into temporary storage for care and maintenance until replanted under Bid Package 3. The final construction cost was approximately 17.1 percent below the original contract amount. Three of the four change orders, totaling $19,983.96, resulted from additional unforeseen material removals and reconfiguration of the planned palm tree holding area. One deductive change order, in the amount of $87,500.00, was issued for the reduction in demolition work, as UEI was able to repurpose a majority of the mobile trailers. Therefore, the overall contract recognized a net deductive amount of $67,516.04. The original bid also included a 12 -month tree maintenance requirement. A separate contract has been entered between the City and Senna Tree Maintenance to cover this requirement relieving the contractor of this obligation. A summary of the project schedule is as follows: Estimated Completion Date per 2013 Baseline Schedule 03/23/2014 Project Awarded for Construction 10/22/2013 Contract Completion Date with Approved Extensions 02/14/2014 Actual Substantial Construction Completion Date 02/14/2014 Master Budget Summary: Attachment B provides a summary of the Marina Park Project master budget. With the confirmed hard cost associated with Bid Package 1, the overall project total is anticipated to be $39,094,000, which is $406,000 under budget. ENVIRONMENTAL REVIEW: The Final Environmental Impact Report for the Marina Park Project was adopted by City Council on May 11, 2010. 154 NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. ATTACHMENTS: Description Attachment A - Location Map Attachment B - Marina Park Master Budget 155 NEWPORT CHANNEL w W. BALBpA w BOULEVARD W OCEAN FRONT WEST cl PACIFIC OCEAN MARINA PARK - PACKAGE 1 DEMOLITION AND TREE RELOCATION LOCATION MAP U a NTS LEGEND MARINA PARK PACKAGE 1 BOUNDARIES CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -3897-A I 3/25/14156 ATTACHMENT B 3f11114 MARINA PARK City or Newport Beach MASTER BUDGET Items noted in red are unconfirmed costs 157 TASK DESCRIPTION BUDGETED DETAIL COST BUDGETED TOTAL ACTUAL DETAIL COST ACTUALTOTAL COMMENTS 1 CONCEPTUAL DESIGNIPERMITTING $ 1,680,441 $ 1,680,441 Complete 2 LAND ACQUISITION $ 600,000 $ 600,000 In Process -Agreement approved bCouncil 3 SOFT COSTS $ 5,035,156 $ 5,163,709 Soft Cost Contingency (included in total) $ 450,000 $ 400,000 4 HARD COSTS $ 29,543,281 $ 29,008,978 Course of Construction Contingency (included in total) $ 1,938,500 $ 2,634,285 5 FIXTURES, FURNISHINGS, & EQUIPMENT FF&E $ 560,000 $ 560,000 6 CITY RESERVE $ 2,081,000 $ 2,081,000 PROJECT TOTAL $ 39,500,000 Ir $ 39,094,000 Items noted in red are unconfirmed costs 157 c.� CITY CLERK _ a :. 04 .« until 10:00 . ..y of September, 2x at which time such bids shall beopened and read for Title of Project s Drawings by contacting Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Mandatory Pre -Bid Meeting at 10-00 a.m. Contractor License Cdassificatiotr(s) required for this project: "A arra C-27" or "S and C-2711 For further information, call Jon Hughes, Construction Manager at (949) 4/4-96155 BID INEORMAI ION IS AVAILABLE ON THE CITY WEBSITE: E-- httg:llw,vvNev_jpo1aS taehg&.gov CLICK. Online Scrvicps, lidding & Bid r,esutts Gontract t!o. 3897-A NOTICE INVITING BIDS...........---......_ ....... ..... —Cover INSTRUCTIONS TO BIDDERS ...... ............. ........... ....... ... --3 BIDDER'SBOND. . ........ ...... ......... ...... --5 DESIGNATION OF SUBCONTRACTOR(S) .......... ...... ...... TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ TREE RELOCATION CONTRACTOR EXPERIENCE AND CERTIFICATION .............13 NON -COLLUSION AFFIDAVIT ......... ...... ....... ... 15 DESIGNATION OF SURETIES .. .... 16 CONTRACTOR'S INDUSTRIAL SAFETY RECORD...................................................17 ACKNOWLEDGEMENT OF ADDENDA---- ...... INFORMATION REQUIRED OF BIDDER......._.._ ....--........ ........... .....--20 NOTICE TO SUCCESSFUL BIDDER ............ ........ -- ........ ---- ....... - ..... ---23 CONTRACT.......... ........ .. ...... -- ... ......... ...... ........ -- ..... -- ... ... ---24 FAITHFUL PERFORMANCE BOND .... ........ ---- ... .34 LABOR AND MATERIALS PAYMENT BOND............................................................38 PROPOSAL ........ ....... --- ........ --PR-1 SPECIAL PROVISIONS,.......___._ ....... ........ ........ ..... SP -1 SAMPLE TREE MAINTENANCE AGREEMENT.. ...... .......................................... N/A SUPPLEMENTARY PROVISIONS . .... ....... ...... ....... - ..... -SUP-1 2 # 1f f # =i RMININUM • l3 The following documents shall be completed, executed and received by the City Clerk at accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES TREE RELOCATION CONSTACTOR EXPERIENCE AND CERTIFICATION NON-COLLOSION AFFIDAVIT DESIGNATION OF SURETIES CONTRACTOR'S INDUSTRIAL SAFETY RECORD ACKNOWLEDGEMENT OF ALL ADDENDA TO PLANS AND SPECIFICAT'ONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) INFORMATION REQJIRED OF BIDDER PROPOSAL 2. Bic Schedule, a Invitation to Bid: -- ...... ...... .... -,8/29/13 • Pre Bid Meeting ................._.........,.....__.. -.--..9/42113 10:00 am • Final Day to Submit Bidder Questions ............9/23/13 5:40pm s Bids Due ......... _.._..........--.---...__ ................-.-3/26/'33 10:008r • Bid Opening (antic gated) ...............................9126/13 10:00am a Construction Strut (anticipated) .......................1:'11/13 3. Bid Ques8ars shall be submitted in writing to the Construction Manager via email. Questions may be submitted at any time up to and including the final day to submit bidder questions listed above. Answers will be provided intermittently in the form of an addendum and will be posted via Santa Ana Blue Print. No additional advertisements for addenda w'il be provided.. It is the bidders responsibility to regularly check Sarna Ana Blue Print for addenda. 4. Cash, certified cheek or cashi-%>r's check (sum not less than 10 percent of the total bid prior.) may be received in lieu of the BIDDER'S BOND. The title of the prefect, the contract price and the words "Sealed Bid' sh ;ll be clearly markod 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 Udviscd 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 (I)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 multipled totals. The City shall not be field responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any mirror irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and exponse 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. 9. The Contractor shall be responsible for insuring compliance :with provisions of Section 1777.5 of the Labor Code Apprenticoship 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 abm e has been reviewed. 668511 B ASB HAZ C21 Contractor's License No. & Classification UdL vironmen al, Inc l3idJill, Vi nt Authorized Signature/ritle 09/25/13 Date City.of Newport Beach MARINA PARK PROJECT — DEMOLITION AND TREE RELOCATION Contract No, 3897-A We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators; agree to be iointly and severally held and firmly bound ta"'the City of Newport Beach, a charter city, in the principal sum of _ 12n Percent of Amount Bid ✓ Dollar.~ ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposrrl of the undersigned Principal for the construction of MARINA PARK PROJECT -DEMOLITION AND TREE RELOCATION, Contract No, 3897-A in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwiso 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 Bund. Witness our hands this 23rd d Unlimited En_viron_mental,_Inc. Name of Contractor (Principal) International Fidelity Insurance Company Name of Surety 233 Wilshire Blvd., Suite 820 Santa_Monica, CA 90401 Address of -Surety - 310 -395-7887 Telephone William Syrkin, Attorney -In -Fact Print Name and Title (Notary acktxowledcgment of Principal & Surety must be attached) 5 ACKNOWLEDGMENT bwmawwww36w0............w4#Rwwpm>.¢mppak4ppwaw.....p#pm...........w#apww.......I State of California County of Los Angeles on September 23, 2013 before me, Corinne L. Hernandez Notary Public, personally appeared _Nhlllam SyrKin -.,who pro4,:d to rite on the basic of satisfactory evidence to be the person(s) whose nume(s) Wars subscribed to the within instrument and acknowledged to me that ho>she/they executed the same in histherltheir authorized capacity{les„ and that by histherttheir 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. c77 � �t t NtUIv tfr. ESS my hnct ficial seat. P",6 ��x"'�r IV 0(SfJ I�Uni r3 ifd, y L Signature. #tlM#p IIpba#BYP#}ppb¢4A ppd#446;gpwp¢pysy4#F4 SMww4pmptl bR 6#pB 4AKpwp¢>Wi'p4Hya Yp p#p#;k OPT'IONA1. WFORMA770N Date of Document 'type or Title of Document Number of Pages in Doz;ument Document in a Foreign Lan tuage Type of Satisfactory Evide Tice: Person311y Known with Paper Identification Paper Identification `Credible Witnesses) Capacity of Signer: _ Trustee Power of Attorney CEO 1 CFO I COO President / Vice -Pr other. Attorney -in - I Secretary/ Treasurer 6 Thumbprint of Signer X no thumkwint c-tingamrint is availsbta, ACKNOWLEDGMENT .............................. 0 ..................... X...**............. 00 .... I State of California County of...___.__ Sal On before mo, Public, personally appeared proved to me on the basis of satisfactory r:;videl;ce to be the person(s) whose names) is/are Subscribed to the within instruniont and acknowledged to ma that hehqhelthey excculed the same in his1hor/thoir authorized capacity(les), 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 Notary I certify under PENALTY OF PERJURY under the laws of the Sbaiiof California that the, ;oregain,q paragraph is true and corruct. WITNESS my hand and official seal. Sv ft��W- " .#..** . 4 . . . . . . . . . . . . . wo..M...0 . . . . . . 0 . . . . . ea euaapa AAYMWAN pilApalaY ppA A . . . . . . . . OPTIONAL INFORMATION Date of Do�urrart Type or 7 ille of Docurnent Number of Pages in Document Document in a Foreteln!-arguage Tyra of S,ithsfactory Evideoce, Personally Known with Paper Identficotion Paper Identification Credible Witnesses) capc4ty of Signer: Trustee —Power of Attorney CEO / CFO I COO President / Vice -President I Secretary I Treasurer Other Othe- 7 Thumbprint of Signer no thurnbpdrl or fingerpmt is W, aijable. { ! is ♦.. i { «.T State lava 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 it) accordance with State lava and/or the Ejtandard StandardSpecifcations for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be subst'tuted for any monies to be withheld to ccnsure performance under the Contrrsct. 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 trade in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's information _ __. � --__-_ _____ w Namr.: Senna Tree Company Addre;,s:: 3115 Foothill Blvd #M140 La Crescenta, CA Phono. 818-957-5755 Stats Urens: Nuwbrrr 731721,C-27 Address. Phc rn� Stoic Ucrr,so Numbcr. Name: ___ Aeclu,s : Phone: State Lica?se Number: Unlimited Environmental, Inc Bidder' Numbcr 1&2 Description of Work I Z/. of l 1 Total Bid Tree relocation, irrigation, 11% & maintance k Contractor must use this form!H Please print or type. Bidder`s Narne Unlimited Environmental, Inc FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For up to 5 public agency projects you have worked on (or are currently working on) In the past 5 years in excess of $100,000, provide the follow'ng information: Nos 1 Project Name/Number YVerteran Administraion West LA / Sepulveda Project Description Asbestos abatement & Demolition Approximate Construction Dates: From Agency Name Veterans Administration To, current / ongoing Contact Person Ben Spivey _Telephone (319 478-3711 Original Contract Amount `§ 675K Final Contract Amount $ annual contract varies If final amount is different from original, pleas e explain (change orders, extra work, etc.) Work is on going throughout the year, UEl is a perferred contactor for the VAWest LA & Sepulveda Fac. 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. IN No. 2 Project NamelNumtor UC Davis Castillian Hall Demolition Project ect Description Asbestos Abatement & Demolition of Castillian Hall Approximate Construction Dates: From Nov 2012 To; Jan 2013 Agency Name UC Davis Contact person John Sorenson --Telephone (53Q 752-5126 Original Contract Amount $__LO9K_FinaI Contract Amount %_7151< If firal amount is different from original, please explain (change orders, extra work, etc.) a few small COR Did you file any claims aga;nst the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No No. 3 Project Name/Number Beale Airforce Base Western Div Housing Demolition Project Description Asbestos Abatement & Demoliton of housin Approximate Construction Dates: From 05/2012 To 12/2014 Agency Name Balfour Beatty Contact Person Tim Younkers Telephone (539 870-8352 Original Contract Amount S. 5.8 mil Final Contract Amount not yet completed If firat amount is different from original, pie ase explain (change, orders, extra work, etc.) —Change Orders Did you file any claims against the Agency? Did the Agency filo any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims - 1E# No. 4 Project Name/Number Lampson Most Orange Elem School Portable Demolition Project Description Asbestos Abatement of portable classroom Approximate Construction Dates: From 06/2013 To, 07/2013 Agency Name Orange Unified School District Contact Person Jana Mills Telephone (7134-628--4510-- Original Contract Amount S 86K —,Final Contract. Amount $_86K_ _ _ If findt amount is different from nriginal, p!vase explain (change orders, extra wark, etc., none Did you ile any claims against tht, Agency? Did the Ailency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims No, 6 Project Name/Number LBUSD Annual Asbestos Abatement Contract Project Description _ Asbestos Abatement — Appioxirrmto Construction Dates: From 06/2012 To: 05/2013 Ariency Name LBUSID Contact Person Ron Hoppe Teluphoni, ( 56? 997-7510 Original Contract Amount $_j15K Final Contract Amount$ 415K If final amounts different from crig) , nsl, please explain (ohange orders, extra work, etc,) Did you file any claims against the Agency? Did the Agency file ai iy claims against youlCorfiractor? If yes, briefly explain and indicate outcome of claims 11 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 shalt attach sufficiently comprehensive to permit an a conditions, Unlimited Environmental, Bidder 12 ;ial`Statement and other information of the Contractor's current financial Date I Um Tree Relocation Contractor Experience and Certification Name & Phone Number OfTroo Relocation Contractor # of years in Business If less than five (5), list other experience of Tree Relocation staff person and 9 of years at each position Name of Tree Relocation Staff person Staff person's role for Marina Park Tree Relocation Name and Phone number of Firm worked for # of years at that firm List at least two (2) projects involving relocation of Palms Trees in excess of 50 feet in Ndght, with a success rate in excess of 80 percent Name of Project Location # of Palms Success Rate 2) a, References for 3 previous projects involving the relocation of large palms and/or trees Project Name �--,Locafion Valid Contact Phone Number f /1, 1 1 ) -5 Description of Work: 1&vC-1Cerr,,q involvement of Current Staff. 13 r Description of�dorA:.,_ 1�� '`��� ) �� � ��•� �i/�f�� cr i1 �� Involvement of Currerti StaffeA 3' tt�i7� ✓z riarvr el �'n 7�n /l�lfLr�a' Description of Work: Involvement of Current Staff ele4le 19'a�`e 'C 7 i c/S 7 1, the undersigned, certify and declare that I have read all the above questionnaire and know its content. The matters stated above are true to the best of nay own knowledge and belief, except as to those matters stated on information and belief, and as to those roatters i believe, them to be true- E declare under perjury under the laws of the State of Califorrria, chat the foregoing is correct. Furthermore, i certify that 6 have been to the site and reviewed the Arbortsts Report and the condition of the trees and that we accept the trees as presented. Bidder ' ` itlthorized srnnaf Teffille ate r 14 City of Newport Beach MARINA PARK PROJECT - DEMOLITION AND TREE RELOCATION Contract No. 3897-A NON -COLLUSION AFFIDAVIT State of California ) County of ) Jill Dupleich _ heir:g tart culy sworn, deposes and says that he or she is _Vice President of Unlimited Environmental, Inc the party making the foregoinh bid; that the bird is riot 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 undisciosd 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 coast 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 thPrr;of, or the contonts thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid de 'tri any member or aryent thereof to effectuate a collusive or sham bid. J declare under penalty of perjury of ihe laws of the is a t ie foregoing �truend correct. Unlimited Environmental, Inc Bidder or .. nadir /Tido Subscribed and sworn to (or affirmed) bufore me on this 26 day of. Sept 2013 by M Bustamante _ -'proved to me on the basis of satisfactory evidence to be the person(s) who appeared before mc. I certify under PENALTY OF PERJURY under tiic laws of the State of California that the foregoing paragraph is true and correct. [SEAL] M.BUSTAMANTE 7'r-321 Commission # 20279 Z '� Notary Public - California i Z Los Angeles County D M Comm. Ex ires Jul 5, 2017 15 "Jotary Public My Commission Expires: _�I Citv of New ort Beach MARINA PARK PROJECT — DEMOLITION AND TREE RELOCATION Contract No. 3897-A DESIGNATION OF SURETIES Bidder's name Unlimited Environmental, Inc Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/band type): Millenium Corporate Solutions William Syrkin , Broker 550 North Brand Blvd Suite 1100 Glendale, Ca 91203 818-844-4109 IFIC, Kent Roberts, Surety 1 Newark Center 20th Floor Newark NJ 07102 310- 395-7887 16 MUMIUMMM TO ACCOMPANY PROPOSAL Bidder's Name Record Last Five (5) Full Years Current Year of Record Current I Records Record Record Record Record t } 1 Year of for for }[ ( for for for Record 2012 2011 (( 2010 2009 } 2008 Total 2013 Na. of contracts 91 _ 219 340 511 1524 166 197 Tata( voliar Amount of Con'reacts (in $2541 $7222 $5299 $7020 $4021 Tfzousands of $} ' $4692 $30,795 No.-J­-- aff2rtalitiss p 0 0 I p 0 p �^ 0� . ' No of lost L Workday Gases 09 12 2 1 � 7 - j o. of last workday cases 'nvolviny permanent transfer to 0 1 0 0 0 0 another job of ; termination of Lenipioyment ( L The information required for these itr:rns is the same as required for culumns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and tiinesses, OSHA No. 102. 17 Legal Business Name of Bidder Unlimited Environmental, Inc Business Address: 1390 32nd St Signal Hill CA 90755 Business Tel. No.: 562-981-6600 State Contractor's License No. and 668511 Classification: B ASB HAZ C-21 Title Jill Du_pleich, Vice Presid_ The above information was compiled from the records that are av ilab time and I declare under penalt rjury that the information i t within the limitations of those records. Signature of bidder Date 09/26/ 3 Title V Jill Duplei Signature of _ bidder _ Date _ Title Signature of bidder Date Title Signature of W� ^ bidder _ Date Title this raterate Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. 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 if fewer than all of the partners/joint ventures submit 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 signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorizert capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL" MUST BE ATTACHEDI I: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of lbsss. On - ` 2-L before me, /" 1 • "' Fwa I luo:6N ke") Date Name and Title of Officer (e.g., "Jami Doe, Notary Publi ') personally appeared Name(s) of Signer(s) r7 - - - - �� - � � I M. BUSTAMANTE Commission # 2027932 Z Notary a ::.1i z : � y Public -California z LOS Angeles County MY Comm. Expires Jul 5, 2017 ❑ personally known to me ]proved to me on the basis of satisfactory tdence 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. WI� y h and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Docume t: MA -PA n [o_ ?fd Document Date: 112, Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: WWROM ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 City of Newport Beach MARINA PARK PROJECT — DEMOLITION AND TREE RELOCATION Contract No. 3897-A ACKNOWLEDGEMENT OF ADDENDA Bidder's name Unlimited Environmental, Inc 1 he bidder shall signify raceipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: ___Addendum No. 1 -Q&A Date Received 09/18/2013 19 Lomrawsi1 t 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: Unlimited Environmental, Inc Business Address: 1390 32nd St Signal Hill CA 90755 Telephone: and Fax Number: 562-9981-6600 / fax 562-981-2218 California State Contractor's License Na, and Class: 668511 B ASB HAZ C-21 (REQUIRED AT TIME OF AWARD) Original Date Issued: 2000 Expiration Date: 03131/2015 List the name and titlelposition of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Richard Miller, Larry Hartman ✓ The following are the names, titles, addresses, and phone numbers of all individuals, flan members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone W Scott Lange President 1390 32nd St Signal Hill Ca 562-981-6600 Jill Dupleich Vice President 1390 32nd St Signal Hill Ca 562-981-6600 Corporation organLed under the laws of the State of California i K$J The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: none 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; MOTIN Briefly summarize the parties' claims and defenses: ne 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, no 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 forpliance (Le. failure to pay prevailing wage, falsifying certified payrolls, etc,)?Y E7 21 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the badder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. W Scott Lange (Print name of Owner or President of Qorporatio ;Company) Unlimited Environmental, Inc Bidder Authorizea Signature/Title President Title (� Date On 2EJ 2013 before me, � (S�u1YlA _. Notary Public, personally appeared who proved to me on the basis cf satisfactory evidence to b he 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 hislher/their signature(s) on the instrument the per:�-,n(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under tt e laws of the State of California that the foregoing paragraph i�. true and correct. WITNt=SS my hand and official seal. Notary Public in and for -,aid State i.ty Commission Exr'res: I I d':J 1 -7 22 11111, 11111, 111111111111, 111111, 1 ("EAL). M. BUSTAMANT Nota mission # 2027832 ' Los Publ�o - California i Y Angeles County a MComm Expires Jul 5, 2017 A t • x�i. • . Tho follo,,ving Contract Documents shall be executed and delivered to th+ Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown oir the "Notification of Award" to the successful bidder. s CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BLOND FAITHFUL PERFORMANCE BOND The City of Newport Beach will not p(.rmit 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 Llabillty Insurance Endorsement, and Automobile Liability insur=ance 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, appropiiato securities may be substituted for any monies to be withheld to ensure perfoimarce under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissiont;r to transact business of insurance in the State of California, and (2) assigned Policyholders` Rating A (or higher) and Financial Size Category Class V11 (or larger) in accordance with the latest edition of Best's Kee Rating Guide• Property-Casuaal. Coverages shall be provided as specified In the Standard Soecificatigns for Public Works Construe#ion, 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. 23 1390 32"d St. ■ Signal Hill, CA 90755 ■ Office: (562) 981-6600 Fax: (562) 981-2218 ■ Email: richard@ueiteam.com Senior Project Manager Demolition AV Plant Decommissioning AV Concrete Recycling/Crushing a Soil Remediation Lead Abatement AV Salvage & RecyclingN EstimatingProject Management Mr. Miller has over twenty-four years of experience in the demolition field, the last eighteen years of which have focused on management and supervision of demolition and environmental remediation activities. He is familiar with all phases of demolition work including crane and. rigging and torch cutting, and has experience with asbestos and lead abatement, as well as PCB's and other hazardous waste encountered on environmental and demolition sites. His experience ranges from equipment operation, project design, estimating, and project management involving multiple crews and subcontracting. Mr. Miller has completed many demolition, salvage, and environmental remediation projects for commercial, industrial and manufacturing facilities. Currently, he provides on-site management of major projects, job costing and scheduling, identification and extraction of recyclable materials, negotiations with subcontractors, and value engineering. PROFESSIONAL EXPERIENCE ■ Day to Day Management and coordination of work crews, including different trade classifications and subcontractors. ■ Implement safety and execution procedures. ■ Enforce safety task assignments and monitor work practices ■ Track labor, equipment and materials at the site. PROJECT EXPERIENCE 2012 SempralSouthern California Gas Co. a Abatement and demolition of abandoned gas plant 2011, UCLA Demolition of Engineering Building ■ Abatement and demolition of UCLA Building 2010 Sunkist Plant Demolition a Abatement, demolition, crushing and soil remediation of 14 acre site. 2009 Hollywood and Vine Demolition ■ Abatement and demolition of Hollywood & Vine Club 2008 Federal Census Building ■ Exterior and structural demolition with removal of asbestos. EMFLO€9ZE T HISTORY • 2009- Current Unlimited Environmental Inc — Signal Hill, CA ■ 2003-2009 Marcor Environmental — Cerritos, CA • 1983-2002 Damille Metal/Dawill Demo — Huntington Beach, CA EDUCATION TRAINING • Certified Safety Supervisor • OSHA Certified Trainer OSHA #501 • Advanced Industrial Training Certification • Supervisor Safety Awareness Training • NUCA Competent Person • HAZWOPPER • Supervisor Asbestos Certification ■ Lead Awareness Certification MARINA PARK — DEMOLITION AND TREE RELOCATION CONTRACT NO, 3897(A) THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 23rd day of October, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and UNLIMITED ENVIRONMENTAL, INC., a California corporation ("Contractor"), whose address is 1390 32nd Street, Signal Hill, California 90755, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: Demolition and Tree Relocation at Marina Park. The work necessary for the completion of this contract includes, but is not limited to, all material, equipment, supplies and labor for demolition of all existing buildings, including the removal of foundations, footings, and underground and overhead utility services; clearing and grubbing; removing pavement; relocating and removing trees; installing an irrigation system, and all other items to complete work in place (the "Project" or "Work"). C. 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, it is mutually agreed by and between the undersigned parties as follows: 4 if 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 Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3897(A), Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. 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. 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. 3. COMPENSATION 3.1 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 Three Hundred Ninety -Five Thousand Seven Hundred Seventy Dollars and 00/100 ($395,770.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 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. 4. 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 City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 5. WRITTEN NOTICE 5.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. Unlimited Environmental, Inc. Page 2 5.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Senior Civil Engineer City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 5.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Jill Dupleich Unlimited Environmental, Inc. 1390 32nd Street Signal Hill, CA 90755 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 Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit A, and incorporated herein by reference. 7.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 7.2 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 Contractor. 7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, Unlimited Environmental, Inc. Page 3 attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 7.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 7.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 7.6 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. 7.7 Nothing in this Section or 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 above. 7.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 8. CHANGE ORDERS 8.1 This Contract may be amended or modified only by mutual written agreement of the parties. 8.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 8.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. Unlimited Environmental, Inc. Page 4 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. If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 12. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. • Unlimited Environmental, Inc. Page 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Illm n By: 20 Im �'-- Aaron C. Harp City Attorney ATTEST: Date: I. �b j1 By:' a4'�— LeilaI. rown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Y Keith D. Curry Mayor CONTRACTOR: Unlimited Environmental, Inc., a California corporation Date: By: W. Sco ge President DE am [END OF SIGNATURES] Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond Unlimited Environmental, Inc. Page 6 1. Provision of 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 Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease 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 California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Unlimited Environmental, Inc. Page A-1 insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, 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 accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D, Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other Unlimited Environmental, Inc. Page A-2 endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. 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. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change, If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions, Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall Unlimited Environmental, Inc. Page A-3 have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. K Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Unlimited Environmental, Inc. Page A-4 Executed In Duplicate 4,44,14311 The premium charges on this Bond is $ 6,937.00 , being at the rate of $ 100.000 X 2.5%' $295,770 X 1.5% thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to UNLIMITED ENVIRONMENTAL, INC, hereinafter designated as the "Principal," a contract for Marina Park — Demolition and Tree Relocation In the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and international Fidelity Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Ninety -Five Thousand Seven Hundred Seventy Dollars and 00/100 ($395,770.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specked in this Bond; otherwise this obligation shall become null and void. 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 City, only in the event 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 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 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 instrumentbias be` n duly executed by the Principal and Surety above named, on the 19tH da of November 2013 . Unlimited Environmental, Inc. Name of Contractor (Principal) International Fidelity Insurance Company °` --.,.-y:.. f Name of Surety uthon�ed Agent Signature 233 Wilshire Blvd. #820 Santa Monica CA 90401 Address of Surety 310-395-7887 Telephone William Syrkin At{, rrnney-In-Fact Print Name and Title NOTARYACKNOMEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Unlimited Environmental„ Inc. Page C-2 F-MAXTSEWTITETTIME" State of California County of Los Angeles } ss. On November 19 2013 before me, Corinne L. Hernandez Notary Public, personally appeared William Syrkin _ - , 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 helshe/they executed the same in histher/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. n ` -s � r,tF.�ar r,E ( f WITNESS my hand and official seal.� LoM to etc P 19r 7135, ., E hlo9a y Pi tc Lmii rr ja z tr r� 1s ^�-*�'�� Signature (seal) State of California County of ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in hislhentheir authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Unlimited Environmental, Inc. Premium Included In Performance Bond Executed In Duplicate EXHIBIT B •'' { ' S. ry 1 ,.. . f ' •' 1. "1 WHEREAS, the City of Newport Beach, State of California, has awarded to UNLIMITED ENVIRONMENTAL, INC. hereinafter designated as the Principal," a contract for Marina Park -- Demolition and Tree Relocation in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, International Fidelity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Ninety -Five Thousand Seven Hundred Seventy Dollars and 00/100 ($395,770.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, Implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for°the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give aright 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 9500 at seq. of the Civil Code of the State of California. Unlimited Environmental, Inc. Page B-1 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 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 b my executed by the above named Principal and Surety, on the 19th day of Novem r —12013 Unlimited Environmental Inc Name of Contractor (Principal) �- u rizc. a turetiitle a International Fidelity Insurance Company`` Name of Surety Authorized Agent Signature 233 Wilshire Blvd., #820, Santa Monica, CA 90401 Address of Surety 310-395-7887 Telephone William Syrkin, Attorney -In -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Unlimited Environmental, Inc. Page B-2 State of California County of Los Angeles )ss. On November 19 20 13 before me, Corinne L. Hernandez Notary Public, personally appeared William SVrkin I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by histher/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the. State of California that the foregoing paragraph is true and correct. �-�` G�iiilf l il�+a WITNESS my hand and official seal. a lP \ G � 7r ss un 1 1 1CW 3 1 } a 7 Nnary PjNhc C 43rr,a eflj I'm =fid 1 s�^W.�✓ w=„'? .v Y v=, ' . �. Signature (seal) State of California County of F ss. rork 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Unlimited Environmental, Inc. __ t-ennsyvania, navmg metr pnncipa orrice in me Uiry or rvewarK, new jersey, aohereby constitute and appoint R. HAAS -BATES, RICHARD ADAIR, OWEN'M. BROWN, WILLIAM SYRKIN, NATHAN R. VARNOLD { f Irvine, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and tither writin s obligatory in nature thereof, which are or may be allowed, required or permitted by law, statute rule re�ggulation, contract or otherwise, and the execution of such instrument(s)) inpursuance of these presents, shall be as binding.: upon the said INTERNAitONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and: purposes, as if the same had been'. duly executed and acknowledged bytheir ryegularly elected officers at their principal offices.This y y y COMPANY and of ALLEGHENY CASUALTY CQMPANY antl is grranted underr and by authonty of the otlowiin sresolutian adopted"byL he° Board offsDi ecto sE of INTERNATIONAL FIDELITY INSURANCE COMPANY ata meeting duty held on the 20#h day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, ihat,(t}the Presirtenf Ute President, Executive Vice President, or Secretary of the Corporation shall have he power to appoint, and to revoke the appointment$ of, Attorneys -in -"act pr agents with power and authority as defined or limited in their respective powers of attorney, and to exeaute:on behalf of the CarporaGan and affix the Corporation's seat thereto bonds; untlertakings, recognizances, confracts of indemnity and other written obliggations m the nature thereof or related therefor and {2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control cusodians, agents or accepptance of process, and Atonia s -in fact with autheniy td execute waivers and consents an behalf of the Corporation; and: (3) the signature o any such 4ftider of the Corporation and the parat+on's seal may tae affixed by facsimile to any power of attorney or eebit Iicaion g'ven for the execution of any bond, undertaking, recognizance, contract of indemnity or otherwriiten obligation in the nature thereof ar rata#ed thereI such signatsre and seats when so used whether heretofore or hereafter being hereby adopted by the Corporation as the original signature of such of at ono the for seal of the Corpdratlon, to be valid and binding upon thearporation with the sameforce and effect as though manually affixed" IN WITNESS WHEREOF, INTERNATIONAL FIDELITY:: INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012, Yiy STATE OF NEW JERSEY rsundTy County of Essex 1936 ROBERT W. MINSTER �•t°, ; , Executive Vice President(Chief 08 erating Officer �y4 {international Fidelity Insurance Company} 15YLYN and President (Allegheny. Casualty Company) On this 12th day of March 2012, before me came the individual who executed the.. preceding instrument, to me personally known, and, being by me duly sworn, said he is. the therein described and authorizedofficer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seats affixed to said instrument are the Corporate Seals of; said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, ++..... ........ at the City of Newark, New Jersey the day and year fnet above written c`+ N# �y ♦A >OT A ,�y.Clgt,.ti� dy'k+ E A NOTARY. PUBLIC OF NEW JERSEY -•_- My Commission Expires Mar. 27, 2014 CERTIFICATION I, the undersigned officer of INTERNATIONAL: FIDELITY: INSURANCE: COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of .the Power of Attorney and affidavit, and the copy of the Sections: of the By -Laws of said Companies: as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney ties not beenrevoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 19th day of November, 2013.. State of California ss. County of _ On-Ala-Wasbefore me, i C-1 Date Nama an9 The of Ofli�r (e.g, ",IMI9 I?Oa. Notary Publlc") personally appeared Ni. 9USTAMANTf Commission 0 2027932 g ''�,,, Notory Publlc - COUfornto Los Angeles County hA Comm. tx 'res Jul 5.2017 U personally known to me ,"proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heishefthey executed the same in his/her/their authorized capaclty(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. WITNE. in h d officiak seam — Slgnafwe ni Notary Publlc OPTIONAL Though the in€ormation below is not required by law, it may prove valuable to persons retying on Lire document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: p 0 Individual Top of thumb here . C] Corporate Officer—Title(s): Partner —❑ Limited C General * Attorney -in -Fact C Trustee Guardian or Conservator U Other: Signer Is Representing:._ ,w_ .___ ._ _ -_ --� ®3338 Na0orcnl NUtlmp Avso.a.-9350€}mDr. Avr,M Sox 2402•Chal..rr, CA 91313 2402 - cvww.n2llpnNnnary.m9 prtl No. 5967 Aeprder 0a11 VI -Fee I WD -8795&27 CERTIFICATE OF INSURANCE CHECKLIST i r t, p .., This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 1I/11/13 Dept./Contact Received From: Vladimir Date Completed: 11/14/13 Sent to: Vladimir By: Chris Company/Person required to have certificate: Unlimited Fnvironmental hic Type of contract: Others 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/13-4/1/14 _ A. INSURANCE COMPANY: Nautilus Insurance Company B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1M or greater): What is limit provided? E. ADDITIONAL INSURED ENDORSEMENT — please attach F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? J. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? K. ELECTED SCMAF COVERAGE (RECREATION ONLY): L. NOTICE OF CANCELLATION: R. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/13-4/1/14 A. INSURANCE COMPANY: Great Divide Insurance Company B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? 1,000,000/2,000,000 ® Yes Q No ►/ - n • 5 - 11111IEN i [I Yes IN N4 ►t ■ Nv ■ 9 Yes / i l:, IIiii D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,040 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 _ E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): G. HIRED AND NON -OWNED AUTO ONLY: H. NOTICE OF CANCELLATION: N/A ® N/A D Yes El No ❑ N/A © Yes ® No ❑ N/A Z Yes © No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 4/1/13-4/1/14 A. INSURANCE COMPANY: Great Divide lnspEa_ijn_e Company B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): Z Yes []No D. WORKERS' COMPENSATION LIMIT: Statutory M Yes E] No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? Z Yes E] No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: EK N/A El Yes [I No H. NOTICE OF CANCELLATION: El NIA 0 Yes [:1 No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 11/14/13 Date TOEMMN_E■ 0 N/A D Yes El No Lil E �ra � RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ EJ N/A [:1 Yes D No Reason for Risk Management approval/exception/waiver. Risk Management approval is required for the non -admitted status of general liability carrier. Approved by Sheri 11-14-13. Approved: Risk Management * Subject to the terms of the contract. Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT # I ` x ;.. + To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examinee the location of the work, has read the instructions to the Bidders, has examined the Plans and Spacial 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. C -3837-A in accordance with the Flans 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 C7ESCRlPT30N AND UNIT UNIT TOTAL _. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE, Lump Sum Total Prime Contract mount Three Hundred, nintyfive thousand, seven hundred a seventy Dollars and zero_ Cents $ 395,770.00 Lump Sum 2. Per 12 Tree Maintenance Contract for 12 Months Months / Nine thousand, three hundred, l @ sixty Dollars and _ zeroCents s 760.00 9360.00 Per 12 months sm ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS Four Hundred, five thousand, one hundred and thriv — _ __ Dollars and zero Cents 09/25/13 Date -� — — — 562-981-6600 / 562-981-2218 Bidder's T(_�Ie phone and Fax Numbers 668511 B ASB HAZ C-21 Bidder -s License No(s). and Classificat;on(s) Bidder's email address: jilt@ueiteam.com L 405,130.00 Total Price (Figures) Jill DUpleich , Vice President s Auth4rTlrzed Signature and Title 1390 32nd St Signal Hill Ca 90755 Bidder's Address The selection of lowest responsible bidder shall be based on the Total Base Bid amount above. The bid amount entered for the landscape maintenance agreement bid item below is the Unit Cost for the anticipated maintenance agreement, as required under this contract and will be used for additions and reductions in the maintenance duration. LANDSCAPE MAINTENANCE AGREEMENT BID ITEM 3. Month Monthly Tree Maintenance seven hundred @ eighty _,_,Dollars and zero _ _ Cents $ 780.00 $ 780 / per month Per Month 2 SP I OF 18 MMUNAWAMMM I U IM 111 O- AM 1 - SPECIAL PROVISIONS CONTRACT Itt�i�111Z+L�I�J All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. B-5225-5); (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 (2009 Edition), including supplements, Copies of the City's 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 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 1-2 TERMS AND DEFINITIONS Add to this section ° For additional Terms and Definitions, see Section 014200 Reference Standards and Definitions." 2-5.3 SUBMITTALS Add to this section "For additional submittal requirements, see Section 01 3300 Submittals and section 01 3400 Requests for Interpretation." 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract is summarized in Section 01 1100 Project Summary." 2-9 SURVEYING 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the SP 2 OF 18 Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties andlor monuments damaged by the Work." Add this section "2-9.5 ADDITIONAL REQUIREMENTS For additional Survey and Layout requirements, see Section 017123 Survey and Layout Data." SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with the following: "(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 ............................................ 15 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, one (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 (prior to any markups) 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 4-1.1 GENERAL Add to this section " For additional Materials and Workmanship requirements, see Section 014500 Submittals." 4-1.2 Protection of Work and Materials Add to this section " All existing Palm trees on site will be considered as materials for the future construction, and as such will be subject to the requirements and penalties for damages listed below and in section 32 9642 Tree Relocation. Replacement Trees: Based on the arborist's report, for all palm trees that are not thriving at the conclusion of the contract period, the following replacement schedule will apply. Tree Height Replacement Washingtonia robusta: 40' and taller 30' BTH Washingtonia filifera Washingtonia robusta 25'-40' 25 BTH Washingtonia filifera Washingtonia robusta 15-25' 20' BTH Washingtonia filifera Washingtonia robusta less than 15' 15'BTH Svragus romanzoffianum 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing "4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shalt be paid for by the Contractor.," SECTION 5 --UTILITIES 5-1 LOCATION. Add the following after the 3rd paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 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." 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.' 6-1.1 Construction Schedule. Add the following between the first and second paragraphs of this section: 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 the pre -construction meeting. 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." Add to the end of this section " For additional construction scheduling requirements, see Section 01 3200 Construction Progress Documentation." 6-7.1 General. Add to this section: '"rhe Contractor shall complete all work under the Contract within 46 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 315` (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." SP 5 OF 18 Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours. Normal working hours are limited to 7:30 am to 4:30 pm, 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 4:30 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 outside the normal working 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 $146 per hour when such time periods are approved. See Section 01 5731 Temporary Control of Noise and Acoustics for additional restrictions on work activity types and times. 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 the above liquidated damages 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." 6-11 PRE-BID MEETING. The City will conduct a pre-bid site meeting on the date and at the time specified in the Invitation to Bid. Bidder attendance at this meeting is MANDATORY. Bidders shall meet at the 18ffi Street parking lot, located at the northeast corner of 18`" Street and W. Balboa Boulevard. The purpose of the Pre-bid Site Meeting is to acquaint prospective bidders with the site, local physical features, site logistics, obstructions, utilities, and security conditions and issues. The conditions and requirements of these Specifications will govern over any information presented at the Pre-bid Site Meeting. Addenda will be prepared and issued, as necessary, to effect any changes to these specifications. SP6OF18 SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services. Add to this end of this section: "if the Contractor elects to use City water, he shall arrange for a meter and tender an $1,073.21 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. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water' Add to this section " For additional Temporary Utility requirements, see Section 01 5100 Temporary Utilities." 7-2.2 Prevailing Wages. Delete this paragraph. 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 shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011." Add to this section " For additional Coordination requirements, see Section 01 3100 Project Management and Coordination." RagrelfflE. 7-8 WORK SITE MAINTENANCE 7-8.1 GENERAL Add to this section " For additional work site maintenance requirements, see Sections 01 3500 Special Procedures, 01 3543 Environmental Management Procedures, 01 5723 Temporary Control of Stormwater and Erosion, 01 5731 Temporary Control of Noise and Acoustics and 01 7410 Cleaning Requirements.' Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in on Site. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored on site ] if approved by the Engineer in advance. 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. 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manua/ which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com.° 7-8.6.2 Best Management Practices (BMPs). Add to this section: In accordance with the SWPPP, the Contractor shall submit a Construction Site Monitoriing Progam. (CSMP) and implement the Best Management Practices (BMP) described for monitoring and containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code, 7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." Add to this section " For additional Traffic and Access requirements, see Section 01 5500 Vehicular Access and Construction Parking." 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 (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. -•91101 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 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." Add this Section 7-10.5.6 SECURITY Add to this section " For additional requirements for securing the site, and providing for the public safety, see Section 01 5623 Security Measures and Section 01 5600 Temporary Barriers and Enclosures." Add the following Section 7-10.5 "No Parking" Signs 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 by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 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 City of Newport Beach "Temporary Tow -Away, No Parking" signs are 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 non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents 7-10.6 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and SP 10 OF 18 businesses within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. 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 block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Add the following Sections: 117-16 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a California Contractor's "A" or "B" License. Utility demolition work requires a California Contractor's "A' License and all Landscape Related Work Items requires a "C-27" License, both of which may be held by either the General Contractor or one or more of his subcontractors. Lead Demolition Contractor shall be able to demonstrate previous experience consisting of at least 5 years of demolition work of similar scope and complexity. Tree relocation Contractor will be able to demonstrate previous experience and success in relocating large palm trees, as required by the bid certification. Specific Requirements are: 1. They shall have a minimum of 5 years of experience moving large specimen trees, 2. Their experience shall include relocating palms of a minimum of 50 feet in height for at least two separate projects. 3. They can provide references for at least five projects involving the relocation of large trees and /or palms 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. Asbestos and lead paint removal shall be completed by a State Certified Asbestos and Lead Paint Abatement Contractor. 7-16 CONTRACTOR'S RECORDSIAS 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 shall be documented on the "As -Built" drawings. s # � The "As -Built' 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 8 FACILITIES FOR AGENCY PERSONNEL Section 8.1 Add this" For additional facility requirements, see Section 01 5200 Construction Facilities and Section of 5529 Construction Staging Area." SECTION 9 ---MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Add to this section. The schedule shall Itemize the Contract Amount, dividing the overall amount according to the items listed in Section 9-3.1 below. vlk7C7�\'Ii�il���l 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 General Conditions: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for providing bonds, insurance and financing, and construction schedule, coordinating and attending all construction - related coordination meetings, coordinating construction activities with other utility companies, regulatory agencies, and City departments, adhering to all project permit requirements, providing submittals and any necessary documentations, preparing a Waste Management Plan, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Lump Sum. Item No. 2 Site Infrastructure: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for reviewing existing utility and geotechnical information, fencing and securing of Site perimeter, implementing Storm Water Pollution Prevention PLAN (SWPPP) including providing an on-site qualified SP 12 OF 18 SWPPP Practitioner (QSP) during construction, placement and maintenance of construction related BMPs, and all other items to complete the work in place. Lump Sum. Item No, 3 Traffic Control: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents and businesses. In addition, this item includes preparing traffic control plans and construction staging plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, and flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the Work Area Traffic Control Handbook (WATCH) Manual, Latest edition, and City of Newport Beach Requirements. Lump Sum. Item No. 4 Hazardous Waste Abatement: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for removing and disposing Hazardous Waste including asbestos and lead paint as identified in the Specifications from all trailers and buildings to be demolished, removing and disposing of roof mastic by a State Certified Asbestos Abatement Contractor following SCAQMD removal Procedure 1 — HEPA Filtration, and all other items to complete the work in place. All SCAQMD manifests documenting removal shall be provided to the City under this payment item. Lump Sum. Item No. 5 Trailer Demolition: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for demolishing and removing existing trailers, associated steps, walls, raised decks, sheds and above ground utility Items, and all other work items to complete the work in place. Lump Sum. Item No, 6 Building Demolition: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for demolishing the existing restroom, associated walls, steps, yards, and all other items to complete the work in place. Lump Sum. Item No 7: Paving Demolition: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for demolishing concrete paving, curbs and other flatwork and all other items to complete the work in place. Lump Sum. Item 8: Utility Demolition: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for excavating, removing and capping of utilities as described in the plans, coordinating removal of utilities with the appropriate agency, maintaining service to adjacent properties, restoring existing grade after removal, and all other items to complete the work in place. Lump Sum. SP 13 4F 18 Item No 9: Irrigation System: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for constructing an irrigation system to support the tree holding area, and includes providing the controller, establishing the mainline and laterals and drip system, adapting the system as trees are added to the holding area over the course of work, and all other items to complete the work in place. Lump Sum. Item No. 10: Tree Relocation: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for protecting existing trees to be relocated during other demolition operations, agronomic soil testing, boxing trees for use in other locations, delivering boxed trees to City Yard establishing grades at tree excavating, moving and replanting trees in holding area for future use, and all other items to complete the work in place. Lump Sum. Item No. 11 Project Close out and As -Built Plans (and DBE Certification if applicable). Work under this item shall include, but not limited to, the cost of all labor, equipment and material for providing documentation necessary for project closeout including tree certification by independent arborist, hazardous waste abatement reports and manifests, turnover items, LEED waste disposition manifests, as -built drawings, and all other items to complete the work in place. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $6,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. Lump Sum. Item No. 12 Fee This item shall include Contractor's allowance for overhead and profit. Lump Sum. TREE MAINTENANCE The City requires continued maintenance of the removed trees after the demolition phase of the project, as part of tree maintenance phase of the project. This phase of work shall be conducted under a separate maintenance contract in substantively, the same form as the attached and to be signed upon the award of the main Demolition Contract, subject the approval of the contractor by the City. The anticipated term of the maintenance agreement shall be for one (1) year from removal of the trees. Item No, 13 Tree Maintenance Contract for 12 Months: 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, supervision and all other items necessary to establish and maintain the Trees for the entire duration of the Tree Maintenance Phase. This phase may be extended or shortened at the discretion of the Engineer Monthly. 612UMMIL-3 Item No. 14 Monthly Tree Maintenance 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, supervision and all other items necessary to establish and maintain the Trees for the one month. This work will be performed under the spate tree maintenance agreement described in the item above. This price will be used to determine the price of extending or shortening the Overall Tree Maintenance Contract, with the proviso that the agreement will not be shortened by more that 4 months, nor extended beyond 12 months using this unit price. Unit Price Per Month. 8-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." 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." Add to this section "Upon receipt of final payment by contractor, the remaining landscape maintenance will be conducted under a separate agreement. The maintenance period will continue for the entire duration of the maintenance period specified, with payments being made directly to the Maintenance Contractor. The release of the retainer will in no way indicate the acceptance of the relocated trees." PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE MORTAR AND RELATED MATERIALS 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560-C-3250." 201-2.2.1 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." 203-6 ASPHALT CONCRETE 203-6.4 Asphalt Concrete Mixtures. SP 15 OF 18 203-6-4.3 Composition of Grading: Add this Section: "Asphalt Concrete for the finish course shall be C2 64-10 and B 64-10 for the base course. SECTION 212 IRRIGATION MATERIALS Replace this section with "Product Requirements for Irrigation are described in Section 32 8000 Irrigation, Part 2 PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK Add to this section ` For additional requirements for clearing the site, see Section 03 1110 Site Clearing". 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: http:/Inewportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised Haulers List." This project will be working for LEED certification with a goal of diverting construction waste from landfills See additional requirements in Section 01 7419 Construction Waste Management and Disposal. 300-1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 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 'I2 inch" of the last sentence with the words °two (2) inches". Add the following paragraph "(d) For requirements for building and structure demolition and removal see section 02 4113 Building Demolition." Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion. Non -reinforced clean 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 and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be IlIC3 PG 64-10. The A.C. for base course shall be 111132 PG 64-10. All cracks %-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. in residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-Y2 inches of asphalt (finish course) shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." The requirements of this section will apply to material placed as patches following the demolition and removal of underground structures and utilities." 302-5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT SP 17 OF 18 302-6.1 General Add to this section "The requirements of this section will apply to material placed as patches following the demolition and removal of underground structures and utilities." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644-3083) at the site to discuss City standards and requirements. If required, 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. 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. SP 18 OF 18 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. SECTION 308-4 PLANTING Add this section "3084.10 RELOCATION OF EXISTING TREES. Existing Trees that have been identified as being relocated for later use on the project will be excavated, moved and replanted under the direction of a qualified contractor following the requirements of Section 32 9643 Tree Relocation." SECTION 308-5 IRRIGATION SYSTEM INSTALLATION Replace this section with "Product Requirements for Irrigation are described in Section 32 8000 Irrigation, Part 3. SECTION 313 --- AESBESTOS REMOVAL 313-1 General. Asbestos survey prepared by Envirocheck, Inc. dated August 6, 2012 indicates the presence of Asbestos Containing Material (ACM). The asbestos shall be removed by a State Certified Asbestos Abatement Contractor. The licensed contractor shall follow SCAQMD removal Procedure 1 — HEPA Filtration. All SCAQMD manifests documenting removal shall be provided to the City. THIS MAINTENANCE SERVICES AGREEMENT ("Agreement') is made and entered into as of this Click, here to enter a date. day of Click here to enter a date. ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Click here to enter text., a [form of ownership] ("Contractor"), whose address is Click here to enter text. no is made with reference to the following: A. City is a municipal corporation duly organized and validly of the State of California with the power to carryon its busin conducted under the statutes of the State of CAWornia and the B. City desires to engage Contractor to relocated trees from Marina Park ("Pr, C. Contractor possesses the skill, knowledge to provide the main] D. Contractor has examined the and evaluated the specificatic all conditions relev he perform all work requl i it laws w being City. services for the certification and described in this Agreement. roposed work, carefully reviewed 'qty for the Project, is familiar with services, and has committed to specified in this Agreement, by and between the undersigned ment shall commence on the Effective Date, and shall r a date., unless terminated earlier as set forth herein. 2.1 for shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work") upon receipt of a notice to proceed. As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest industry standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. RIMMERNR• •- 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a speck schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perfo e Services in a diligent and timely manner may result in termination of this Agree by City. 3.2 Notwithstanding the foregoing, Contractor she t b sponsible for delays due to causes beyond Contractor's reasonable control. r, in th se of any such delay in the Services to be provided for the Project, each he agrees to provide notice within two (2) calendar days of the urrence causi elay to the other party so that all delays can be addressed. , 3.3 Contractor shall submit all requ ten ,. Voe for performance in writing to the Project Administrator as ed her ' nottwo (2) calendar days after the start of the condition th rpo causesaeay. The Project Administrator shall review all such re=sts e sts grant reasonable time extensions for unforeseeable delays that are be ont is control. forth herein, Contractor shall under the circumstances, by Mtoor the Services on a time and expense not -to - i e provisions of this Section and the Schedule of as Exhibit B and incorporated herein by reference. Except n, no rate changes shall be made during the term of this written approval of City. Contractor's compensation for all ]rdance with this Agreement, including all reimbursable k here to enter text, Dollars (ClIa here to enter t xt ), to the Agreement. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. Click here to enter text. Page 2 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accords e with Exhibit B. S. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, s oordi ate all phases of the Project, This Project Manager shall be available t all re able times during the Agreement term. Contractor has designated Click to text. to be its Project Manager. Contractor shall not remove .reassign the anager or any personnel listed in Exhibit A or assign any ne eplacement p onnel to the Project without the prior written consent o i I 's app I shall not be unreasonably withheld with respect to the re sig t n -key personnel. 5.2 Contractor, at the sole discr of Ci hall rem e from the Project any of its personnel assigned to the perf an ices upon written request of City, Contractor warrants that it will contin fur the necessary personnel to complete the Project on a timely basis as conte by greement. This Agreement will beNi in by the Public Works Department. City's Senior Civil Engine designe 11 be e Project Administrator and shall have the authority to act for is A ent. The Project Administrator shall represent City in all matters pe ing ces to be rendered pursuant to this Agreement. FA assi ct the execution of its responsibilities under this Agreement, City a rovi a cess to and upon request of Contractor, one copy of all existing vant inf ation on file at City. City will provide all such materials in a timely manne o t #o cause delays in Contractor's Work schedule. B. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator, 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a Click here to enter text. Page 3 manner commensurate with highest industry standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the industry standard. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement<nall 8.4 Contractor shall not be responsible for delayContractor be responsible for damages or be in default or deemed to be in d n of strikes, lockouts, accidents, acts of God, or the failure of City to furniormati or to approve or disapprove Contractor's Work promptly, or delayerfor ce by City, contractors, or governmental agencies. 9.1 City and all officers, employee es ive reof shall not be responsible in any manner for any loss or age to y oft erials or other things used or employed in performing the Proj r for " to or eth of any person as a result of Contractor's performance of Se quired hereunder; or for damage to property from any cause arising fro e nce of the Project by Contractor, or its subcontractors, or its workers, or a mp by either of them. 9.2 Contractor s espo ' le any liability imposed by law and for injuries to or death of an r ma to property resulting from defects, obstructions or from any cans si Contractor's Work on the Project, or the Work of any sub co r or sup sele d by Contractor. 9.3 To the est r itted by law, Contractor shall indemnify, defend and hold harmless C ity uncil, boards and commissions, officers, agents, voluntee mplay {collectively, the "Indemnified Parties") from and against any and aEi ams (incl ding, thout limitation, claims for bodily injury, death or damage to prope de li ions, damages, actions, causes of action, suits, losses, judgme pen les, liabilities, costs and expenses (including, without limitation, attorneys' fees, dish ements and court costs) of every kind and nature whatsoever (individually, collectively, "Claims"), which may arise from or in any manner eelate {directl indirectly} to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the Click here to enter text. Page 4 sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect ublic and private property. Contractor shall be liable for any private or public prop damaged during the performance of the Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of t on ue Co tractor under and by virtue of the Agreement as shall be considered ne by Ci ay be retained by it until disposition has been made of such suits or cla or ages as aforesaid. 9.7 The rights and obligations set n Sectio all survive the termination of this Agreement. 10. INDEPENDENT CONTRACTOR It is understood that City rets ' ntr on an independent contractor basis and Contractor is not an al conducting the Work are and limited by statute, rule or r civil service status or Othe employees. Nothing in this Contractor or any trac^. of City. Contracto performing the Work, ovi tenAce ity. The manner and means of er tont or, except to the extent they are essed terms of this Agreement. No ym nt shall accrue to Contractor or its 0 be deemed to constitute approval for or'sor agents, to be the agents or employees theponsibility for and control over the means of Mntractor is in compliance with the terms of this Agre ent that may appear to give City the right to direct Contrafect he de of the performance of the Work or to exercise a measure of control Cont or #I mean only that Contractor shall follow the desires of City with re is the Services. 11. COOPERATI Contra grees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. Click here to enter text. Page 5 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. 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 or for other periods as specified in this A ent, policies of insurance of the type, amounts, terms and conditions descri in the Insurance Requirements attached hereto as Exhibit C, and incorporated n by r nee, 15. BONDING 15.1 Contractor shall obtain, provide and 'ntain at its o se during the term of this Agreement: a Faithful Performance in the amoun ne hundred percent (100%) of the total value of the trees a fo this Agr ant in the form attached hereto as Exhibit D which is incorpo in is r, nce. 15.2 The Faithful Perfort organization or surety (1) curren transact business of insurance in surety in the latest revision of the Policyholders' Rating A (or higher) accordance with the latest o be is - d by an insurance the Insurance Commissioner to ifornia, (2) listed as an acceptable Circular 570, and (3) assigned a Category Class VII (or larger) in tg Guide: Property -Casualty. 15.3 Contractor shall e , rrentiy with execution of this Agreement, Faithful Performanc nd, a ce cop the "Certificate of Authority" of the Insurer or Surety issued by nce issioner, which authorizes the Insurer or Surety to transact surety ins nce to of California. 16. P ION ST ASSIGNMENTS AND TRANSFERS cept ifi y authorized under this Agreement, the Services to be provid is gr meat shall not be assigned, transferred contracted or subcontr out wi ut the prior written approval of City. Any of the following shall be construed s signment: The sale, assignment, transfer or other disposition of any of the is d outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint - venture. The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and Click here to enter text. Page 6 omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. Each and every report, draft, map, record, plan, docu and other writing produced (hereinafter "Documents"), prepared or caused to b pare Contractor, its officers, employees, agents and subcontractors, in the co of emeriti g this Agreement, shall become the exclusive property of City, and II hav sole right to use such materials in its discretion without further compensa to actor or any other party. Contractor shall, at Contractor's a se, provide s uments to City upon prior written request. 19. CONFIDENTIALITY All Documents, including drafts,' limin drawing - or plans, notes and communications that result from t Se this Agreement, shall be kept confidential unless City expressly au s in . 'ng the release of information. 20. RECORDS Contractor shall keep d oic . in connection with the Services to be performed under this Agreem or shall maintain complete and accurate records with resp e the cos curre under this Agreement and any Services, expenditures and is c ed to City, for a minimum period of three (3) years, or for any to r p u ed by law, from the date of final payment to Contractor under thi men . All such records and invoices shall be clearly identifiab tracto 11 allow a representative of City to examine, audit and make transcri or co ' s o ch records and invoices during regular business hours. Contra r s i ection of all Work, data, Documents, proceedings and activitie to th greement for a period of three (3) years from the date of final payment to Contract rider this Agreement. 21. WITH GS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. Click here to enter text. Page 7 22, CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 23. CONFLICTS OF INTEREST 23.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially aff uch interest. 23.2 If subject to the Act, Contractor shall conform t requir encs of the Act. Failure to do so constitutes a material breach and i aun r immediate termination of this Agreement by City. Contractor shall indem hold less City for any and all claims for damages resulting from Contrac viol of this Section. 24.1 All notices, demands, ri mailing address, to be given under the and conclusively shall be deemed s business day after the deposit there class mail, addressed as hereinafter p be addreVEff to Can or at: Five vals, ing any change in emen all be given in writing, red personally, or on the third States mail, postage prepaid, first - from Contractor to City shall , requests or approvals from City to Contractor shall Aftn1Mere to enter text, Click here to enter text. Click here to enter text. Click here to enter text. Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for Click here to enter text. Page 8 compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 of seq.). 26.1 In the event that either parley fails or refuses to pe orm any of the provisions of this Agreement at the time and in the manner require at party shall be deemed in default in the performance of this Agreement. If su efault is not cured within a period of two (2) calendar days, or if more than } cal r days are reasonably required to cure the default and the defaulting pa ils ive ad quate assurance of due performance within two (2) calendar days ceipt Mitten notice of default, specifying the nature of such default and the ste ces to cure such default, and thereafter diligently take steps toNthe default, defaulting party may terminate the Agreement forthwith by githe defaulti party written notice thereof. 26.2 Notwithstanding the above and absolute discretion and without cau: giving no less than seven (7) Galen, event of termination under this satisfactorily performed and costs in which Contractor has not beprevoi,Contractor shall deliver toart or accumulated in the perfo 27. LABOR 27.1 Contr law including— but Contractor shall information. VY shathe right, at its sole ing this A reement at any time by itten notice to Contractor. In the ill pay Contractor for Services effective date of termination for 'the effective date of termination, and other information developed whether in draft or final form. e Vvith all applicable provisions of state and federal d to, applicable provisions of the federal Fair Labor SCA § 201, of seq.). ractor has knowledge that any actual or potential labor neatens to delay the timely performance of this Agreement, iately give written notice to City, and provide all relevant 27.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. Click here to enter text. Page 9 28.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 28.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit req 'cements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, ny ter ovenant or condition contained herein shall not be deemed to be a r of subsequent breach of the same or any other term, covenant or condition co herein ether of the same or a different character. 28.4 Integrated Contract. This Agreement esents the fu d complete understanding of every kind or nature whatsoe e the pa hereto, and all preliminary negotiations and agreements o ver o ture are merged herein. No verbal agreement or implied pant s II be vary the provisions herein 28.5 Conflicts or Inconsiste e event there are any conflicts or inconsistencies between this Agree nd Scope of Services or any other attachments attached hereto, the terms t gre nt shall govern. Y.s 28.6 Interpretation. s f t Agreement shall be construed in accordance with the meaning e e used and shall not be construed for or against either party, eason o auth hip of the Agreement or any other rule of construction which ise 28.7 Amend t his reement may be modified or amended only by a written d exec y both Contractor and City and approved as to form by the City Aft ey. era f any term or portion of this Agreement is held to be invalid, illegal, or erwise nforceable by a court of competent jurisdiction, the remaining provisions of meat shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California 28.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. Click here to enter text. Page 10 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 0... ..,. Click here to enter text.. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. A...*.. 00- •i.,: LM WO -11 0 i... Aaron C. Harp City Attorney ATTEST: Leilani 1. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Dave Kiff City Manager CONTRACTOR: text„ a [form of c to k here to enter text. Click here to enter text. SIGNATURES] A — Scope of Services B — Schedule of Billing Rates — Insurance Requirements D — Faithful Performance Bond enter Click here to enter text. Page 12 See Technical Specifications: SECTION 32 9643 TREE RELOCATION SECTIO' LANDS( Click here to enter text. Page A-1 Glick here to enter text. Page B-1 F NSM --31111t.7 Provision of 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, policies of insurance of the type and amounts described below and in a form satisfactory t City. Contractor agrees to provide insurance in accordance with requireme at forth here. if Contractor uses existing coverage to comply and that c ge does not meet these requirements, Contractor agrees to amend, su ant ndorse the existing coverage. Acceptable Insurers. All insurance policies shall be issu a surance company currently authorized by the Ins ce Commiss transact business of insurance in the State of Califomi 'th an assigne olicyhoiders' Rating of A- (or higher) and Financial Ca ry Cie If (or larger) in accordance with the latest edition of s Ra G unless otherwise approved by the City's Risk Manag Coverage Requirements, A. Workers' Com ensation nce. ontractor shall maintain Workers' Compensation Insuranc tory its, and Employer's Liability Insurance wi of a ea e million dollars ($1,000,000) each accident for bo tide t and each employee for bodily injury by disease in ace nc he laws of the State of California, Section 3700 abor C Contra sh t o City, along with the certificate of insurance, a Waiv ' bro ion endorsement in favor of City, its officers, NbeIt nts, a oyees and volunteers. CAMIRMLiabMv Insurance. Contractor shall maintain commercial general ili;;,, uronce and, if necessary, umbrella liability insurance, with covet least as broad as provided by Insurance Services Office form in an amount not less than one million dollars ($1,000,000) per rence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Click here to enter text. Page C-1 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 each accident. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maint fined or procured pursuant to this Agreement shall be endorsed to ive subrogation against City, its elected or appointed officers, agen fficials, employees and volunteers or shall specifically allow Conti r or s providing insurance evidence in compliance with these re m to wai e their right of recovery prior to a loss. Contractor hereby its o ght of recovery against City, and shall require similar wri xpr waivers from each of its subconsultants. B. Additional Insured Status. All Ii o includ* general liability, excess liability, pollution liabili d mo lia if required, shall provide or be endorsed to vide t City its officers, officials, employees, and agents shat nclu as insure s under such policies. C. Primary and Non Con liability coverage shall apply on a primary basis and shall ire ibution from any insurance or self- insurance main fined by D. Notice of Can otic s shall provide City with thirty (30) calendar days no f tion (except for nonpayment for which ten (10) c r days is required) or nonrenewal of coverage for each 5. Additionat AcirMW Be en the Parties. The parties hereby agree to the EmiGffl96-�ofWAsurance. Contractor shall provide certificates of insurance ity evidence of the insurance coverage required herein, along with a waiv f subrogation endorsement for workers' compensation and other ents as specified herein for each coverage. Insurance Cates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial Click here to enter text. Page C-2 additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Agreement Provisions. Contrac cknowledges and agrees that any actual or alleged failure on t art of to inform Contractor of non-compliance with any requirem p no ad itional obligations on City nor does it waive any rights here E. Requirements not Limiting. Require is of specifice features or limits contained in this Section are intended as limitation on coverage, limits or other requir waive any coverage normally provided by any i nc Sp r ence to a given coverage feature is for pur s of c ficatio as it pertains to a given issue and is not inten y a arty or in ured to be all inclusive, or to the exclusion of o cov r a waiver of any type. F. Self-insured Retentions. elf- ed retentions must be declared to and approved City. Ci re es right to require that self-insured retentions be ted, e or replaced by a deductible. Self- insurance will n d to omply with these requirements unless approved by City. G. City R Non- Bance 1€ Contractor or any sub- consutt fait. ' e and maintain insurance as required herein, then ity sha the right but not the obligation, to purchase such rance, terminate this Agreement, or to suspend Contractor's right to proc un roper evidence of insurance is provided. Any amounts paid aI t Cify's so{e option, be deducted from amounts payable to ontrac or reimbursed by Contractor upon demand. H. 410940ofice of Claims. Contractor shall give City prompt and timely 60M of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Click here to enter text. Page C-3 judgment may be necessary for its proper protection and prosecution of the Work. Click here to enter text. Page C-4 CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ price. WHEREAS, the City of Newport Beach, State of Califor t &le 10 enter text. hereinafter designated as the "Principal,'" a enter text. in the City of Newport Beach, in strict conformity with the office of the City Clerk of the City of Newport Beach, which is this reference. WHEREAS, Principal has executed or terms thereof require the furnishing of a Contract. NOW, THEREFORE, we, the , duly authorizes California as Surety (hereinafter "S Newport Beach, in the s m of ($200,000.00) lawful mone 100% of the estimated am Newport Beach, its successor , made, we bind os, our assigns, jointly and . ly I of the Contract to Click Fere to with :rein by and the of the a siness under the laws of the State of re and firmly bound unto the City of dre housand Dollars and 00/100 t of America, said sum being equal to e o the trees, to be paid to the City of for which payment well and truly to be .utors and administrators, successors, or present. THE CONDITI HISBLIGATION IS SUCH, that if the Principal, or the Principal' execu administrators, successors, or assigns, fail to abide by, and well a r0angents, erform any or all the Work, covenants, conditions, and agree ist Documents and any alteration thereof made as therein provide be kept and performed at the time and in the manner therein specified, aspects according to its true intent and meaning, or fails to indemnify, save harmless the City of Newport Beach, its officers, employees 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. 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 City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Click i«ere to -ter text. Page D-1 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 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 rmal acceptance of the Project by City. In the event that the Principal executed this bond as divid 't is agreed that the death of any such Principal shall not exonerate the fr lts obli ations under this Bond. Address of Surety Print Name and Title NOTARY ACKNOWLEDGMENTS OF ACTOR AND SURETY MUST BE ATTACHED MOMMA State of California County of )ss, RIM 20 Notary Public, proved to me on the basis of satisfactory evidence to be the p subscribed to the within instrument and acknowledged to me same in his/her/their authorized capacity(ies), and that by his instrument the person(s), or the entity upon behalf of which the instrument. I certify under PENALTY OF PERJURY under the lathe State of foregoing paragraph is true and correct. WITNESS my hand and official seal. before me, anally appeared who name(s) is/are xecuted the res(s) on the ;d, execiftcl the that the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) Click here to enter text. Page E-1 *4 i MARINA PARK PROJECT — DEMOLITION AND TREE RELOCATION CONTRACT NO. 3897-A Owner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 (949)644-3311 Construction Manager Griffin Structures 385 Second Street Laguna Beach, CA 92651 (949)497-9000 Landscape Architect Rabben/Herman design office 833 Dover Drive Suite 9 Newport Beach, CA (949)548-3459 Civil Engineer Fuscoe Engineering 16795 Von Karman, Ste 100 Irvine, CA 92602 (949)474-1960 August 19, 2013 000001-1 Tine Page MARINA PARK | P8CKAAE1 DEMOLITION AND TREE RELOCATION SUPPLEMENTAL PROVISIONS TABLE OFCONTENTS �Introductory Sections 00~0001 Title Page ................ —'..-........... .-....... ........ ...... August 19,2O13 00~0805 Table 0fCn0tentS........ —..~......... .........'--.... -/\ugust19,2O13 Information Available to the Contractor 003310 Hazardous Materials Sun/Sy....... —...~...,.--..... —/\uguSt1B,2V13 | 003320 Coastal Development Permit ..... ........... .~..................... .'/\ugust18,2Q1J Division I -General Requirements ! 01 1100 Summary ufthe --...—.---.......,---,../\uUust1g'2V13 ` ` / 01 3100 Project Management and [ourdin8don—.......... ............... .../\uoust1A.2V13 81 3200 Construction Progress Documentation ..... .—`................. ..Auguat19.2V13 | 013300 Submittals ... .--.~_'........ _.................. -.—.----..... -Augunt1S.2D13 ` 013400 Requests For Interpretation /FiF|>—................. ....-~—............ August 1S,2D13 013500 SpecialPr0nedur8s.... ..... ................... ......~.—~.......... August 19,2013 � | 018528 Sustainable Design Requirements ............. —........................ August 1S.2Ol3 ' U13543 Environmental ManagementProcedures ....... ......^........... August lS,2U13 014000 Quality Contnd........ ....... ..—............................. ./\u8u$t10'2013 � 014100 Regulatory Requirements ...... -....... ........... —.____ ..... .............. August 1S.2O13 014200 References ..... ~`... ........................... ......... --.—............... August 19\2O13 01 5100 Temporary Utilities .... ........ ............................... .~....... ......... August 19,2O13 01 5200 Construction FacUkies.... .................................... .,.^.......... August 18\2013 015400 Construction Aids .... ..,.,............ ___ ....... .....—..'-/\uQust19.2O13 01 5500 Construction Vehicular Access and P8rk|ng~—.......---....AuouSt1g.2D13 01 5529 Construction Staging Area ... -.... ....... --..--'.—............... August 1B,2O1J 01 5600 TemporaryBarriers and Enclosures .... ........... --......... ..... -,/\4guat19^2Ol3 015623 Geourit�Nk��oun��----------,—.—.—`.-------/\uouot19,2D13 � - � | 01 5700 Temporary Controls ......................................... ~.--................ August 19.2O13 ` 01 5723 Temporary Control of Sk)rn|waterand Er0sion..... ..... ___ ........ August 1S,2V13 015731 Temporary Control of Noise and /\couadns....... ___ ........ ....... August 1S.20|3 | 017123 SurveyingandLaVout[}ot8-------...........---'/\ugust19,2O13 01 7410 Cleaning ntS........................ ___ ... ___ ...... ........... August 1S'2O13 017418 Construction Waste Management and DisposaL..... ........ ......... August 18,2O{3 | 01 7700 Contract Closeout Procedures .............. —................. '.... August 18,2013 � 024113 Derno|iticm.......~—..'.....--.—..,.....—.—.—./\uQust 19, 2013 Division 31- Earthwork ! 31 1100 Site [1eahng..`...................... ........ .......... ........................ August 1S,2013 August 19, 2013 000005-1 Table cfContents MARINA PARK PACKA651 DEMOLITION AND TREE RELOCATION Division 32~Exterior |NmnroVeMNentS 328000 Irrigation..... .........-.------.,.—.—.—_---..-August1g.2V|3 829101 Soil Testing ........... ............. .'^'....... ...... ......... .--...... ./\ugustl0.2o13 328843 Tree Re|oca8on........ .... ........................ ..... -... .............. ../\ugust1Q.%O13 August 19,2013 000005'2 MARINA PARK PACKAGE -1 DEMOLITION AND TREE RELOCATION SECTION 00 3310 HAZARDOUS MATERIAL SURVEY PART I - GENERAL 1.1 DESCRIPTION: A. An assessment of the existing structures for the presence of Asbestos and Lead Based Paint has been prepared by Environcheck, The Limited Lead Based Paint Survey Report is dated August 6, 2012. A Summary of both these reports is included. The entire report will be made available to Contractor. PART 2 - PRODUCTS — Not Applicable PART 3 - EXECUTION — Not Applicable END OF SECTION August 19, 2013 003310-1 Hazardous Material Survey VI. Asbestos Testing 1 Lead Testing 1 Microbial Testing i Management ♦ Analysis t Environmental Assessment LIMITED LEAD-BASED PAINT SURVEY Subject Property: Marina Park 1700, 1714, & 1770 (58 Units) West Balboa Boulevard Newport Beach, CA 92663 Inspection Dates: June 7, 12, 15, 18, 21, 26 & 28, 2012 July 3, 5, 6, 9 & 23, 2012 Prepared For: Public Works Department City of Newport Beach Attn: Iris Lee, P.E. 3300 Newport Boulevard P.0, Box 1768 Newport Beach, CA 92658 Report Date: August 6, 2012 1.0 Introduction A lead-based paint (LBP) inspection was conducted by Envirocheek, Inc. at the subject property located listed above. 1700 West Balboa. Boulevard consists of the girls chub; 1714 West Balboa Boulevard consists of a co-ed club, & 1770 West Balboa Boulevard consists of 58 individual mobile home units. The purpose and objective of the inspection was a pre demolition lead-based paint survey on the accessible surfaces and/or materials associated with the planned demolition of the mobile homes and permanent structures as listed on the XRF data report. The scope of this lead-based paint (LBF) inspection included the collection of XRF readings of the selected accessible painted components on the above listed subject property as described above. 2.0 Sampling Methodology Appropriate calibration readings were obtained during the course of the inspection pursuant to the Performance Characteristic Sheet (PCS) provided by the manufacturer of the XRF device. The inspection was conducted by Kirk Hopka, a State of California Department of Health Services Certified Inspector/Risk Assessor No. 71.59. A Niton Corporation XLp305A Spectrum Analyzer, Serial No. 24941 was utilized for the inspection and all work was in general accordance with the Housing and Urban Development (HUD) 1997 Guidelines and the manufacturer's instructions for LBP Inspections, utilizing x-ray fluorescence (XRF) instrumentation All information contained within must be disclosed to tenants and prospective purchasers in accordance with federal law (24 CFR part 35 or 40 CFR part 745). 3.0 Overview of Historical Data No historical data or surveys were supplied as of the time of this inspection. 2211 West Or angetvood Avenue ♦ Orange, CA 92868 ♦ Telephone: (890)665-7586 ♦ Fax: (714)937-0755 4.4 XRF Results Summary Units With No Lead Detected: • Unit IA • Unit I C • Unit 2A • Unit 2B • Unit 2D • Unit 2E • Unit 3B • Unit 3C • Unit 3D • Unit 3E • Unit 4A • Unit 4C • Unit 4D • Unit 4E • Unit 5A • Unit 5D • Unit 5E • Unit 6A • Unit 6B • Unit 6C • Unit 6D • Unit 6E • Unit 7A • Unit 7B • Unit 7C • Unit 8B • Unit 8D • Unit 9A • Utility Boxes #1-12 (Exterior & Interior) • Exterior Wood Benches #1-12 Conclusion regarding the listed units above: • Unit 9B • Unit 9D • Unit 9E • Unit IOA • Unit IOC • Unit IOE • Unit IIA • Unit 11B • Unit 12B • Unit 12C • Unit 12E Lead was not detected in amounts at or above the Department of Public Health (DPH) level of 1.0 mg/cm2 (specifically defined as "Lead -Based -Paint" on the units listed above, therefore the tested materials that resulted below said action level are not regulated by EPA's RRP rule for contractors performing renovation, OSHA regulations relating to worker exposure may apply for all tasks governed by OSHA's Lead in Construction standard (29 CER 1926.62) involving paints having any level of lead, employers must comply with the assessment measures and any applicable protections of that standard. Units With Lead Detected: • Unit 1E- Bathroom Ceramic Wall • Unit IE- Bathroom Ceramic Counter • Unit 1F- Office Wood Door Frame • Unit 1F- Bathroom Ceramic Wall • Unit 1F- Exterior Metal Wall • Unit 2F/Garage/Storage- Storage Plaster Wall • Unit 2F/Garage/Storage- Storage Wood Door • Unit 2F/Garage/Storage- Storage Wood Door Frame • Unit 2FIGarage/Storage- Storage Wood Window • Unit 2F/Garage/Storage- Storage Wood Ceiling • Unit 2F/Garage/Storage- Exterior Wood Wall ('Side A) • Unit 2F/Garage/Storage- Exterior Wood Wall (Side B) • Unit 2F/Garage/Storage- Garage Wood Wall 2211 West Orang",uolAvenue 0 Orange, CA 92868 ♦ Telephone: (800)665-7586 • Fax: (714)937-0755 • Unit 2F/Garage/Storage- Garage Wood Window • Unit 2F/Garage/Storage- Garage Wood Ceiling • Unit 3A- Kitchen Ceramic Wall (Side A) • Unit 3A- Kitchen Ceramic Wall (Side B) • Chit 5C- Bathroom Ceramic Wall • 'Unit 5C- Bathroom Ceramic Counter • Unit 5C- Master Bathroom Ceramic Wall • Unit 5C- Master Bathroom Ceramic Counter • Unit 5C- Laundry Ceramic Counter • Unit 8A- Laving Room Wood Door Frame • Unit 8A- Master Bedroom Wood Door Frame • Unit 8A- Master Bedroom Wood Door • Unit 8A- Bedroom Wood Door Frame • Unit 8A- Exterior Wood Wall (Side A) • Unit 8A- Exterior Wood Wall (Side B) • Unit 8E- Exterior Wood Shutters • Unit 9C- Ceramic Wall • Unit IID- hall Ceramic Counter • Unit 12D- Exterior Metal Wall • Laundry Room (Men's Bathroom)- Ceramic Wall • Laundry Room (Women's Bathroom)- Ceramic Wall • Unit 1700- Bathroom 2 Ceramic Wall Showers • Unit 1714- Exterior Wood Ceiling • Unit 1714- Exterior Wood Fascia (Tested Twice) • Unit 1714- Exterior Wood Eaves (Tested Twice) • Unit 1714- Exterior Wood Window (Tested Twice) • Unit 1714- Exterior Garage Wood Wall • Unit 1714- Exterior Garage Wood Ceiling • General Grounds- Exterior Common Asphalt Parking Stripe Conclusion: Lead was detected in amounts at or above the EPA, HUD, and CDPH level of 1.0 mg/cm2 in the units listed in the section above; therefore all like materials/components/areas that resulted in levels above 1.0 mg/crn2 shall be considered "Lead -Based -Paint" and are subject to Federal, State and Local regulations including, but not limited to EPA, EPA's Renovate Repair and Paint Rule (RRP), CDPH, Title 17, Title 'W", OSHA, Cal -OSHA, and et al. Employers must comply with OSHA's Lead in Construction standard (29 CFR 1926.62) involving paints having any level of lead, involving assessment measures and any applicable protections of that standard. Furthermore, all information contained within must be disclosed to tenants and prospective purchasers in accordance with federal law (24 CFR part 35 or 40 CFR part 745). Units That Were Not Tested Due To Age of Structure: • Unit 113 (Built_ 6-12-89) • Unit 1D (Built: 4-1-80) • Unit 4B (Built 10-16-80) 2211 Wert Orangewood Avenue # Orange, CA 92868 * Telephone: (800)66.5-7580 # Fax. (714)437-0755 • Unit 5B (Built: 4-1-86) • Unit 8C (Built: 3-23-79) • Unit IOD (Built: 198'1) • Unit 11C (Built: 3-9-78) • Unit 11E (Built: 2-22-93) • Unit 12A (Built: 2-28-86) 5.0 References EPA 40 CFR Part 745 [EPA-IIQ-OPPT-2005-0049; FRL-8355-7] R1N 2070-AC83 lead; Renovation, Repair, and Painting Program "Title X" - "Guidelines for the Evaluation and Control of Lead -Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, 1997 Revision Title 17, California Code of Regulations (CCR), Division 1, Chapter 8 "Accreditation, Certification and Work Practices in Lead -Related Construction," Final Version: Filed January 8, 1999, Title 8, California Code of Regulations (CCR), Construction Safety Orders (Cal -OSHA) Section 15321, Lead in Construction Title 22, California Code of Regulations (CCR), Chapter 12, Standards Applicable to Generators of Hazardous Waste Federal Standards 29 (CFR) Code of federal Regulations, Part 1926, Subpart D-1926.62, Lead Federal Standards 40 (CFR) Code of Federal Regulations, Part. 745 2211 West Orangewood Avenue ♦ Orange, CA 92868 ♦ Telephone: (800)665-7586 ♦ Fax: (714)937.0755 6.0 Limitations The findings set forth in this assessment are strictly limited to the time, date and scope of the evaluation and to the condition of the subject property as found at the time of the inspection. Future conditions may differ from those described herein and this report is not intended for use in future evaluations of the conditions of the subject structure being evaluated. Changes in the applicable standards may occur as a result of legislation or by other means, in which case the current evaluation may be rendered inadequate. The results and conclusions of this investigation are based on analytical testing, field observations, and in part but not limited to "Title X" - "Guidelines for the Evaluation and Control of Lead -Based Paint Hazards in Housing," U.S. Department of Housing and Urban Development, 1997 Revision; Title 17, California Code of Regulations (CCR), Division 1, Chapter 8 "Accreditation, Certification and Work Practices in Lead -Related Construction," Final Version: Filed January 8, 1999; Title 8, California Code of Regulations (CCR), Construction Safety Orders (Cal -OSHA) Section 1.532.1, Lead in Construction; Title 22, California Code of Regulations (CCR), Chapter 12, Standards Applicable to Generators of Hazardous Waste; Federal Standards 29 (CFR) Code of Federal Regulations, Part 1926, Subpart D-1926.62, Lead; Federal Standards 40 (CFR) Code of Federal Regulations, Part 745; and Federal Standards 24 (CFR) Code of Federal Regulations, Part 35, EPA 40 CFR Part 745 [EPA-HQ-OPPT-2005-0049; FRL-8355-7] RIN 2070-AC83 Lead; Renovation, Repair, and Painting Program and not on any procedures beyond the scope of the agreed upon work. Even so, local, county, or other, more stringent regulations may apply; the appropriate local and/or regional agencies should be consulted prior to initiating any action. Instructions including, but not limited to, procedures, conclusions, recommendations, and specifications, offered to the client, (person(s), or entity) who may utilize this report, are only opinions made in an effort to assist the client with their decision making process. Variations in the composition of materials that appear similar may occasionally occur; therefore analytical results arising from the same testing procedures may vary by sample site location. Envirocheck, Inc. cannot guarantee the assessment of materials and/or substrate that are hidden, inaccessible, and/or indistinguishable. Certain information contained in this report may have been rightfully provided to Envirocheck, Inc., and its assigns, by the Client or other outside sources. Envirocheck, Inc., and its assigns, do not make any warranties or representations, whether expressed or implied, regarding the accuracy of such information, and shall not be held accountable or responsible in the event that any such inaccuracies are present. Report prepared by: Envirocheck, Inc. r John A. Meador State of California, DHS Certified Inspector/Assessor # 11387 2211 West Orangewood Avenne ♦ Orange, CA 92868 s Telephone: (800)665-7586 ♦ Fax: (714)937.0755 ENVIROCHECK,y INC, Asbestos ♦ Lead s Microbiology f Industrial Hygiene 1 Consulting ♦ Laboratory ♦ Prosect Management Prepared for: Public Works Department City of Newport Beach Attn. Iris Lee, P.E. 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 Subject Property: Marina Park 1770 West Balboa Boulevard Newport Beach, CA 92663 Report Date: August 6, 2012 Dates of Inspection: June 7, 12, 15,18, 21, 26 & 28, 2012 July 3, 5, 6, 9 & 23, 2012 Prepared by: W�- Viuh Q. Pharn, CAC# 03-3356 - 2211 West Orangewood Avenue ♦ Orange, CA 9286'8 r Telephone: (800)665-7586 ♦ Far: (714)937-0755 1.0 INTRODUCTION This report presents the analytical results of the Limited Asbestos Survey performed on the subject property listed above by Envirocheck, Inc. Please read entire report prior to initiating any action. 2.0 LIMITATIONS The findings set forth in this report are strictly limited to the time, date and scope of the investigation. The results presented in this report are based on the analytical testing performed by the certified laboratory. The results from the sampled locations are representative of the entire homogeneous material/areas and not just the locations sampled. According to AHERA, 40 CFR, 763.87 (c)(1),(2) - A homogeneous area is considered not to be Asbestos Containing Material (ACM) only when all required samples collected from a homogeneous area indicate levels below regulated limits and a homogeneous area is considered ACM when at least one of the required samples collected indicates levels above regulated limits. This report does not guarantee that all inaccessible, hidden, or indistinguishable materials will be identified or sampled. Samples were limited to the materials and locations listed on the chain of custody. Materials/areas that were not sampled shall be presumed to be asbestos containing until proven otherwise by appropriate sampling procedures. Square footages are estimates only and should not be used for bidding purposes. 3.0 BACKGROUND, SAMPLING PROTOCOL AND TEST METHODS The purpose of this Asbestos Bulk Survey is as follows: • Envirocheck, Inc. was engaged by the City of Newport Beach to perform a full asbestos survey for all buildings and structures at the above subject property. • The purpose of this survey was to determine if asbestos containing materials were present in the structures prior to planned demolition of the entire mobile home park. • There are a total of 58 mobile residential trailer units, and 3 separate structures. • All suspect and accessible building materials within each structure were inspected and surveyed. • Each of the mobile trailer units is a single -story, mobile home residence approximately 1,000 total square feet and was built - 1970 and 80"s. • Each structure was inspected for the presence of suspect ACM and PACM where demolition operations will occur. • Envirocheck personnel identified all accessible and recognizable types of suspect ACM and PALM that are anticipated to be impacted by the demolition. Suspect materials which were not anticipated to be impacted were not sampled. • Asbestos testing and survey was performed by Kirk Hopka, CAC Number 96-2078 of Envirocheck, on the following dates; June 7, 12, 15, 18, 21, 26 & 28, 2012 and July 3, 5, 6, 9 & 23, 2012. • The samples were submitted to Envirocheck's in-house laboratory, located at 2211 W. Orangewood Avenue, Orange, CA 92868, (800) 665-75W • Envirocheck, Inc. NVLAP #200548-0 • The inspector performed an inspection for suspect asbestos containing materials listed above following the provisions of 40 CFR Part 763.86. • The inspector is Cal/OSHA certified and conformed to procedures outlined in the EPA Building Inspector Course. • Modified AHERA (Asbestos Hazard Emergency Response Act) sampling methods and protocols were used. • Each asbestos sample collected was analyzed utilizing the Method specified in Appendix A, Subpart F, 40 CFR Part 763, Section 1, Polarized Light Microscopy (PLM) Method by a NVLAP Certified Laboratory. 2211 West Orangewood Avenue f Grange, CA 92868 ♦ Telephone: (800)665-7586 ♦ Fcu: (714)937-0755 Positive Asbestos Results Unit # Sample # Tableit Material Location Friable Condition Sq. Ft, Asbestos % 1A 9 41A Vinyl Sheet Flooring Bedroom#2 No Good -110 8%ChrysotRa IA 14 4AA Roof Penetration Mastic(Light Gray) Roof No Good -5 2°o Chrysotile 1C 56 4.3A Roofing Felt Roof No Good -1,200 <1%Chry8otl0r3 IC 57 4.3A Roof Pensumern Mastic Root No Good -30 2%Chrysotile 10 254 44A Root Penetration Mastic Roof No Good -4 3%Chrysolie I 61 4.5A Vinyl Composition Tile Kitchen No Good -90 7% Chrysotile 1E 63 4SA Vinyl Composition Tile Bathroom No Good -30 8%Chrysotile 1E 65 L6A Vinyl Composition Tile(Bodom Layer) Bathroom No Good -30 8% Chrysalis, 1E 69 4.5A Elastomeric Coating Roof No Good -40 2%Chrysotile 1E 70 4.5A Roel Penetration Mastle Roof No Good a0 3%Chrysabla IF? Office 259 4.6A Vinyl Composition Tile Office No Good -120 2%Chrysuple, iF/Office 260 4.6A Vinyl Floor Mastic Office No Good -120 7% Chrysotile 1F/Office 2668 LGA Rooting Material Roof No Good -450 2%Chrysotile iF/Office 266b 46A Silver Paint Root No Good -450 2%Chrysotile IF/ Office 267 V6A Roof Penetration Mastic Roof No Good -1 2%Chrysotile 1FfOffice 268b 4,6A Roofing Material Root No Good -5 2%Chrysoule 2A 25 L7A Roof Penetration Mastic Roof No Good -1.200 3%Chrysotile 2B 33 4.8A Roofing Feil With Mastic Roof No Good -1,200 3%Chrysotlls 2D 612 A.9A Root Penetration Mastic Roof No Good -7 2%Chrysotile 2E $0 410A Roof Seam Mastic Roof No Good 10 LF, 3%Chrysolite 2E 81 410A Root Penetration Mastic Roof No Good -2 3%Chrysmlle 2F 491 4.11A Vinyl Sheet Floacm;(Middle Layer.) Kitchen No Good -110 25%Chrysmle 2F 492 4.11A Vinyl Calrpasilon Tile Dollar, Layer) Kitchen NO Good -110 2% Chrysalis 2F 495 4,11A Vinyl Composition Tire Laundry/ Bathroom No Good -80 12%Chrysotile 2F 498 4AIA Roofing Material Root No Good -1,250 2% Chrysotile 2F 499 4,11A Reflective Paint Roof No Good -12 5%Chrysodie 3A 130 4.12A Penetration Mastic Roof No Good -4 3%Chrysotile 3B 444 4A3A Roofing FOR Roof No Good -1,260 2%Chrysoidle 35 445 413A Roof Penetration Mastic Roof Na Good -8 3%Chrysotile 3C 90 4.14A Roof Penetration Mastic Roof No Good -3 2%Chrysotile 3D 108 RABA Vinyl Composition!Is Laundry Room No Good -54 8°/ Chrysotile 3D 115 415A Roof Penetration Mastic Roof No Good -3 3%Chrysotile 3E 36 4.16A Drywall& Mud Composition Kitchen No Good -300 1%Chrysotile 3E 36s 4.16A Drywall Mud Kitchen No Good -300 d%Chrysoita 3E 377 4.16A Drywall Mud Bathroom No Goad -300 <i%Chrysmile, 3E 38 4,16A Drywall Mud Kitchen No Good -300 <1%Chrysolite 3E 45 4,16A Rolled Roofing Materials (Old) Roof No Good ^1,200 <1%Chryonto 3E 46 4,16A Roof Penetration Mastic (Black) Roof No Good -1,200 <1%Chrysalis 3E 47 4.16A Roof Penetration Mastic (Gray) Root No Good -96 2%Chrysotile 3E 48 4.16A Root Penevadon Mastic Root No Good -10 2%Chrysotile 46 557 4.18A Vinyl Sheet Flooring Hafivay Bathroom No Good -130 151Y.Chryso6ie 4B 561 4.18A Root Penetration Mastic Roof No Good -12 5%Chrysoble 5A 192 4,22A Penetration Mastic Roof No Gond -3 2% Chrysalis 50 95 4.24A Roofing (White) Root No Good -1,100 2%Chrysovie 5D 198 4.25 A Roof Penetration Mastic Roof No Good -3 29/. Chrysalis, 5E 210 4.26A Roof Penetration Mastic Root No Good -4 2% ChryaoMe 6A 269 4.27A Vinyl Sheet Flooring Kitchen No Good -245 15%Chrysotile 6A 271 4.27A Vinyl Composition Tie Master Bathroom No Good -690 5%Chrysolie 6A 275a 4.27A Silver Palm Roof No Good -100 2%Chrisolur, 6A 276 427A Roof Penetration Mastic Roof No Good -5 3%Chrysotile 6B 238 428A Vinyl Sheet Flooring (Bottom Layer) Kitchen No Good -110 30% Chrysotile 68 239 4,28A Viourt Sheet Flooring Adhesive (On Kitchen No Good -110 5%Chrysotile 6B 246 4.26A Penetration Mastic Roof No Good -4 2%Chrysotile 6D 536 4.30A Vinyl Composition Tile (Bottom Layer) Kitchen No Good -650 4-/. Chrysoflle 6D 538 4.30A Vinyl Composition Tile Bedroom #2 No Good -20 7% Chrysotile 6E 335 4.31A Vinyl Sheet Flooring (Bottan Layer) Bathroom No Good -300 30%Chrysotile 6E 340 4.31A Roof Penetration Mastic Roof No Good -6 2%Chrysolite 7A 582 4.32A Roof Peneturew Massie Roof No Goad -10 296 Chrysctife 7B 162 L3,3A Roof Penetration Mastic Roof No Good -3 2°l Chrysotile 7B 163 433A Vinyl Floor Tile HVAC Closet No Good -9 129LChryselfle SA 456 435A Drywall Mud Master Bathroom No Good -3,000 3%Chrysotilo SA 458 4.35A Drywall Mud Bedroom #3 No Good -3,000 3%Chrysotile 8A 459 4.35A Drywall Mud Laundry Room No Good -3,000 2°/>Chnsoble SB 622 4.36A Roiled Routing Materials Root No Goad -40 <S%Chrysotiis BD 360 4.38A Vinyl Sheet Flooring (2nd Layer) Laundry N, Good -195 259/. Chrysotile SD 363 4.38A Roof Penetration Mastic Roof No Good -1,100 2%Chrysotile 8E 351 4.39A Roof Penetration Mastic Roof No Good -3 2%Chrysotile 9A 366 4,40A Hoot Penetration Mastic Roof No Good -11100 2% Chrysafile 9C 317 4.42A Roof Penetration Mastic Roof No Good -7 3% ChrysoNe 9D 211 4.43A Vinyl Sheet Flooring Kitchen No Good -75 30%Greyscale 90 216 4,43A Proofing Fell Roof No Good -1,200 <1%Chysofia 91) 217 4.43A Roof Penetration Mastic Roof No Good -7 2%Chrysotile; Positive Asbestos Results 10A 303 L45A Roof Penetration Mastic Roof No Good -8 3%Ghrysuble 10C 484 4A6A Vinyl Composition Tile (Top Layer) Kitchen No Good -80 8%Chrysotilo 10C 489 4.46A Roof Penetration Mastic Roof No Good -3 4% ChrysMile 10C 489a 4A6A Sliver Paint Roof No Good -3 21Y. Chrysotile I 0r) 547 447A Vinyl Sheet Flooring Bathroom No Good -200 15%Chrysotile 10D 550 4A7A Roof Penetration Mastic Roof No Good -8 2% Chrysotile 116 184 4.50A Roof Penetration Mastic Roof No Good -4 2%Chrysotile 11D 352 4.52A Vinyl Sheet Flooring Bathroom No Good -25 5%Chrysetife IID 353 4 52A Vinyl Sheet Flooring Kitchen No Good -63 5%Chrysotile 11D 356 4.52A Roof perromen Mastic Roof No Good -5 3%Chrysotile 11D 357 4 52A Air Cell Duct Incantation Cravlispace, No Good -150 20% Chrysotile i1D 358 L52A HVAC Ducl Tape Craw6space No Goad -150 25%Chrysotile 12A 291 4.54A Roof Tar Root NO Good -1,150 4%Chrysotile 12A 292 4.54A Roof Penetration Mastic Roof No Good -5 4-/. Chrysotile 120 279 4.55A Vinyl Floor Mastic Kitchen No Good -120 25l Chrysotile 12B 280 4.55A Roof Seam Mastic Root No Good -30 5%Chrysotile 126 281 4.55A Penetration Caulking Roof No Good -8 3% Chrysotile 12D 403 4.57A Vinyl Sheet Flooring (Bottom Layer) Laundry Room No Good -145 25%Chrysotile 12D 404a 4.57A Silver Paint Root No Good -15 2%Chrysotile 12E 117 458A Vinyl Composition Tile Kitchen No Good -187 8%Chrysotlib 12E 123 4.58A Root Penetration Mastic Roof No Good -3 2%Chrysotile 1714 Club 414 4.59A Vinyl Floor Mastic Ladies Bathroom No Good -180 3%Chrysotile 1714 Club 417 4.59A Carpet Mastic Ladies Bathroom No Good -210 3%Chrysotile 1714 Club 424 L59A Window Putty North Wail Exterior No Good -48 2%, Chrysotile 1714 Club 432 4.59A Penetration Mastic Roof No Good 120 6%Chrysotib BR,JL&undry, 638 4.60A Roof Penetration Mastic Root No Good -3 2%Chrysotile Girls Club 513 481A Linoteum Foyer No Good -3,800 25%Chrysat8e Girls Club 513a 4.61A Adhesive Foyer No Good --9,800 a1%Chryso8hn Gift" Club 514 4.61A Linokeum Bathroom No Good -38 30%Chrysoti(a Gift quiz 514a 4.61A Masud Adhesive Bathroom No Gadd -38 2%Chrysoldie Girls Club 516 461A Vinyl ComposUon Tax Storage #4 No Good -135 12'fo Chrysefila Eiactricai Boxes Box #1- 583 4.62A Pool Rock & Tar Roof (Box #i) No Good -12 7% Chryso6ka Electoral Boxes Box 92- 584 4.62A Root Rock & Tar (Bottom Layer) Roof {Box #2) No Goad -12 15% Chrysotile Electrical Boxes Box #3- 586 4.62A Root Rock A Tar (Top Layer) Roof (Box #3) No Good -12 5% Chrysotile Electrical Boxes Be. #4. 587 4.62A Roof Rock & Tar Root (Box 44) No Good -12 5% Chrywole Electrical Boxes Box #6- 591 4.62A Root Rock & Tar (Bottom Layer) Roof (Box #6) No Good -12 12% Chrysotile Electrical Boxes Box #7- 592 4A2A Root Rock & Tar Roof (Box #7) No Good -12 15% Chrysotile Electrical Boxes Be. #8- 593 4.62A Pont Rock & Tar Roof (Box #8) No Good -12 6% Chrysotile Electrical Boxes Box #9- 594 4.62A Roof Rock & Tar Roof (Box #9) No Good -12 5% Chrysotile Electritlal Boxes Box #10- 595 4.62A Roof Rock & Tar Roof (Box #10) No Good -12 20% Chrysotile Electrical Boxes Box #12- 596 4,62A Rent Rock & Tar Roof (Box #12) No Good -12 20% Chrysotile Garage Storage 505 4.63A Roof Penetration Mastic Root No Good -7 W. Chrysotile MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 00 3320 COASTAL DEVELOPMENT PERMIT PART 1 -GENERAL 1.1 DESCRIPTION: A. This project is done under the conditions of a Coastal Development Permit issued by the California Coastal Commission. A copy of the permit is attached. PART 2 - PRODUCTS — Not Applicable PART 3 - EXECUTION — Not Applicable END OF SECTION August 18, 2013 003320-1 Coastal Development Permit EDMUND Page I of 22 I - F Date' August 13,2013 Permit No.5-10-229 On June 13, 2012, the California Coastal Commission granted to City of Newport Beach Coastal Development Permit 6-10-220, subject to the attached Standard and Special Conditions, for development consisting of: Construct now bayfront public park with new public marina on 10:46 acres of land, including removal of mobile home park, various community buildings and recreational facilities, and construction of 23,832 sq ft„ 35 -ft; high multi-purpose and sailing program building with 71 -ft. high architectural design feature presenting a lighthouse (non- functioning); 5,600 sq. fL +Girl Scoot building; 157- space public parking area; public park amenities including new restroom with 34 -ft. high lighthouse (non- functioning); and new public marina (including bulkhead and groin) consisting of 23 slips and 200 -ft. long side tie area, to be partly excavated from dry land (total 68,000 cu.yrds.); and tentative parcel map to combine 36 lots into 4 lots. More specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at: 1600 West Balboa Boulevard, Newport Beach. issued on behalf of the California Coastal Commission August 13, 2013. CHARLES LESTE t Executive Director The undersigned permittee acknowledges receipt of this permit and agrees to abide by all terms and conditions thereof. The undersigned permittee acknowledges that Government Coda Sectlon 818.4 which states in pertinent pari, that: "A public entity is not liable for injury caused by the issuance .. of any permit.. " applies to the issuance of this permit. IMPOf TANT: THIS PERMIT IS NOT VALID UNLESS AND UNTIL A COPY OF THE PERMIT WITH THE SIGNED ACKNOWLEDGMENT HAS BEEN RETURNED TO THE COMMISSION OFFICE. 14 CAL. ADMIN. CODE SECTION 13156(a), Cate signature of Panned—� N Please sign and return one copy of this form to the Commission office at the above address. 1, •' #. r�.: No.540-229 Page r of r Notice of'Receipt and Acknowledgment. The permit is not valid and development shelf not commence until a copy of the permit, signed by the permittae or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office, 2. Expirafloo. If development has not commented, the permit will expire two years from the state on which the Commission voted on the application. Development shall be pursued Ina diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3, Interprefiaiion. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Aasfnnment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting alltem-rs and conditions of the permit. 91 all future owners and possessors of the conditions. SPECIAL C0N1D1TJ!QN5. 't. REVISED FINAL. PROJEOT PLAN These terms and conditions shall imission and the permittee to bind A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the Executive Director's review and approval, two (2) full size sets of a Devised Final Protect Plan, including floor, elevation, grading, foundation, bulkheads, docks, groin, etc. The Revised Final Project Plan shall be in substantial conformance With the plans received by South Coast District staff on October 7, 2010, September 27, 20111 and December 22, 2011, except they shall be modified as follows; 1) the proposed 71 -font high lighthouse -shaped architectural feature that is part of the proposed Balboa Center Complex shall be reduced In height and shall be no higher than the allowed maximum height of 35 -feet or eliminated from the plan; 2) to minimize bird - strike hazards, any proposed glass railings will be replaced with frosted or etched glass screens or will be replaced with a different type of material (.e. metal fence, etc) and 3) as proposed, remove two tennis courts from the lawn area adjacent to the American Legion building, COASTAL DEVELOPMENT PERMIT No. 5-10-229 Page 3 of 22 B. The permittee shall undertake development in accordance with the approved final plans, Any proposed changes to the approved final plans shall be reported to the Executive Director: No changes to the approved final plans shall occur without a'Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required, 2; EINAL DREDGING PLANS A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit for the review and approval of the Executive Director, two (2) sets of a Final Dredging Plan. The Final Dredging Plan shall be In substantial conformance with the Dredging Plan submitted with the project application received by Commission staff on October 7, 2010, except it shall be modified as follows; 1) identification of the final dredge deposit/beach nourishment locations from the identified five (5) potential locations; 2) identification of the quantity of dredge deposillbeach nourishment material to be placed at each dredge deposit/beach nourishment location; 3) identification of the method of dredge deposit/beach nourishment at each locations; 4) the duration of the dredge deposit/beach nourishment activity; 5) require that any dredge deposit/beach nourishment location be a minimum 15 -feet away from any eelgrass beds; and 6) require that; any dredge deposit/beach nourishment activity must avoid sensitive aquatic or terrestrial habitat. B. The permittee shall undertake development In accordance with the approved final plans, ,Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required, A- PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit for the review and approval of the Executive Director, two (2) sets of a Final Parking Management Pian, The Finan Parking Management Plan shall be In substantial conformance with the Parking Management Plan received September 21, 2011, except it shall be modified as follows: 1) provide a more specific description of the "various parking management -alternatives" to operate the Main Parking Lot that the applicant has proposed; 2) identify that the minimum length of parking time duration of the proposed on -street parking meters is 6 hours; 3) document that the fees charged by the City for the proposed parking meters (on -street and on-site) shall be comparable and also not exceed the public parking meter fees of the surrounding area (Balboa Peninsula); 4) if the Final Parking Management Plan for the 157 on-site parking No. 6-10-229 129 Page 4 of 22 spaces shows that parking spaces exist in excess of the carr -site demands during any time period, those spaces shall be made available during the Identified time period for the general public on a first come, first serve basis, and 5) clarify that the "partying contraf system" for the Main Parking Lot currently does not include gating the parking tot and that gating the parking lot cannot occur without a Coastal Development Permit, B. The permittee shall undertake development In accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final pians shalt occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. 4. FUTURE DEVELOPMENT This permit is only for the development described In Coastal Development Permit No. 5- 10-229, Pursuant to Title 14 California Code of Regulations Section 13253(b)(6), the exemptions otherwise provided in Public Resources Code Section 30610(b) shall not apply to the development governed by Coastal Development Permit No. 5-10-229. Accordingly, any future improvements to the Marina Park facilities authorized by this permit, including repair and maintenance identified as requiring a permit In Public Resources Section 30610(d) and Title 14 California Code of Regulations Sections 13252(a). -(b), shall require an amendment to Permit No. 5-110-229 from the Commission or shalt require a separate Coastal Development Permit from the Commission. • • r179371M. The applicant shall retain the services of a qualified biologist or environmental resources specialist (hereinafter, "environmental resources specialist") with appropriate. qualifications acceptable to the Executive Director, to monitor the site during construction activities and conduct sensitive species pre -construction surveys. PRIOR TO COMMENCEMENT OF CONSTRUCTION, the applicant shall submit the contact information of all monitors with a description of their duties and their on-site schedule to the Executive Director for review and approval. The applicant shall ensure that the Environmental Specialist shalt perform all of the following duties, and the applicant shall observe the following requirements: A. The environmental resource specialists shalt: (1) conduct a survey of the project site to determine presence and behavior of sensitive species one day prior to commencement of any activities related to sediment deposit (beach nourishment), (2) immediately report the results of the surrey to the applicant and the Commission, and (3) monitor the site during all sediment deposit (beach nourishment) activities. COASTAL DEVELOPMENT PERMIT No. 5-110-229 Page 5 of 22 B. In the event that the environmental resources specialist reports finding that any sensitive wildlife species (including but not limited to California least tern, western snowy plover, Californla grunion, Geldings savannah sparrow) exhibit reproductive or nesting behavior, the applicant shall cease work and immediately notify the Executive Director and local resource agencies. Project activities shall resume only upon written approval of the Executive Director. G. Prior to the commencement of any sediment deposit (beach nourishment) activities, the applicant shall have the environmental resource specialist conduct a survey of the sediment deposit (beach nourishment) sites, to determine presence of California grunion during the seasonally predicted run period and egg Incubation period, as identified by the California Department of Fish and Game (CDF&C), If the environmental resources specialist determines that any grunion spawning activity Is occurring andlor that grunion are present in or adjacent to the project site, then no beach nourishment activities shall occur on, or adjacent to, the area of the beach where grunion have been observed to spawn until the next predicted run in which no grunion are observed. Surreys shall be conducted for all seasonally predicted run periods in which material is proposed to be placed at any of the sites- if the applicant is in the process of placing material, the material shall be graded and groomed to contours that will enhance the habitat for grunion prior to the run period. Furthermore, placement activities shall cease In order to determine whether grunion are using the beach during the following run period, The applicant shall have the environmental resource specialist provide inspection reports after each grunion run observed and shalt provide copies of such reports to the Executive Director and to the California Department of Fish and Dame (CDF&G), D. Prior to initiation of daily project activities, the resource specialist shall examine the beach area to preclude Impacts to sensitive species. Project activities, including sediment deposit (beach nourishment), shall not occur until any sensitive species (e.g., Cali ornla least tern, western snowy plovers, Fielding"s savannah sparrows, etc..) have left the sediment deposit (beach nourishment) sites or its vicinity. In the event that the environmental resource specialist determines that any sensitive wildlife species (including but not limited to California least tern, western snowy plover, Belding's savannah sparrow, California grunion) exhibit reproductive or nesting behavior, the applicant shall cease work, and shall immediately notify the Executive Director and local resource agencies, Project activities shall resume only upon written approval of the Executive Director. The applicant shall cease work should any breach In permit compliance occur or if any unforeseen sensitive habitat issues arise. The environmental resource specialist(s) shall require the applicant to cease work should any breach in pen -nit compliance occur or if any unforeseen sensitive habitat issues arise. The environmental resource specialists) 1!.# . 6-10-229 •a•..: 6 of ,u shall also immediately notify the Executive Director If development activities outside of the scope of Coastal Development Permit No, 6-10- 229 occur. If significant impacts or damage occur to sensitive wildlife species, the applicant shall be required to submit a revised, or supplemental program to adequately mitigate such impacts. E, The environmental resource specialist will conduct surveys sof trees and sediment deposit (beach nourishment) sites on and adjacent to the project site (within 500 feet of :any construction activities), just prior to any construction activities and once a week upon commencement of construction activities including sediment deposit (beach nourishment) will be carried out between December 1st and September 30th, inclusive. Such surveys shall Identify the presence, nests, and eggs or young, of California least tern, western snowy plovers, Belding"s savannah sparrows; etc, or other sensitive species in or near the project site. All surveys shall be submitted to the Executive Director of the Coastal Commission. F. The environmental resource specialist shall be present at all weekly construction meetings and during all significant construction activities including pile sediment deposit (beach nourishment) activities to ensure that nesting girds are not disturbed by construction related noise. The environmental resources specialist shall be onsite monitoring birds and noise every day at the beginning of the project during heavy equipment use. The environmental resources specialist must review the 2006 guidance issued by the United States Fish and Wildlife Service (USFWS) for estimating the effects of auditory and visual disturbance to northern spotted owls and marbled murrelets. The USFWS document provides guidance for making determinations with regard to potential effects of construction noise on owls and murrelets. While these two species are not expected to be impacted by this project, the guidelines and procedures apply to the herons and egrets that potentially could be impacted. G. The applicant shall submit documentation prepared by the environmental resource specialist which indicates the results of each pre -construction survey, including if any sensitive species were observed and associated behaviors or activities. location of any nests observed shall be mapped, 6, CONSTRUCTION STAGING PLAN A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT the permittee shall submit for the review and approval of the Executive Director, two (2) full size sets of a Construction Staging Plan, which indicates that the construction staging area(s) and construction corridor(s) will minimize public access impacts to the sandy public beach. No. } 229_ Page 7 of (9) The plan shall demonstrate that: (a) Construction equipment, materials or activity shall not occur outside the staging area and construction oomdor Identified on the site pian required by this condition; (b) Construction equipment, materials, or activity shall not be placed on the sandy beach outside of the immediate construction zone; (c) The construction staging area will gradually be reduced as less materials and equipment are necessary; (d) The construction access route will only be intermittently closed for transport of equipment and materials. When not in use for transportation of equipment and materials, it will be made available for undisrupted public access; and (e) That public access to the beach fronting the Marina Perk project site, not including the public beach area impacted by the construction of the new marina, will remain open to the public during the course of the project construction. (2) The plan shall include, ata minimum; the following components: (a) A site plan that depicts: f. limits of the staging area(s); 2. construction corridor(s); 3. construction site; and 4. location of construction fencing and temporary job trailers with respect to the existing parking lot, day use area and the sandy beach. B. The permittee shall undertake development In accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director, No changes to the approved final plans shall occur without a Commission amendment to this Coastal Development Permit unless the executive Director determines that no amendment is legally required. 12 540-229 Page 8 o A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit for the review and approval of the Executive Director, two (2) full size sets of a Traffic Control Plan that demonstrate the following; (1) Every effort shall be made to minimize the duration of sidewalk, bike and road lane closures so that impacts upon public access are minimized (2) The sidewalk, bike and road lanes should be opened, even intermittently, whenever possible during construction, and (3) A detour plan to re-route pedestrian and bicycle traffic shall be identified for those periods when the sidewalk and/or bicycle lane is closed within the project area. B, The permittee shall undertake development In accordance with the approved plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment Is legally required. A. All final design and construction plans, Including foundation, grading and drainage pians, shall be consistent with all recommendations contained in the following coastal engineering and geotechnioal reports. Geofechnicat Investigation, Marina Park, Newportfleach, Calthr fa (Prgr act No. 2573) prepared by T'erraCoasta Consulting Group, Inc. dated August T, 2008; and Marius Park Coastal Eragfnaering Study prepared by Ulla/Gash & Associates dated October 2008. B. AT LEAST 120 DAY$ PRIOR TO COMMENCEMENT OF CONSTRUCTION, the applicant shall submit, for the Executive Director's review and approval, two (2) full size sets of all final design and construction plans, including foundation, grading and drainage plans and evidence that an appropriately licensed professional has reviewed .and approved all final design and construction plans and certified that each of those final plans is consistent With all of the recommendations specified in the above -referenced coastal engineering and geologic evaluation approved by the California Coastal Commission for the project site. +.. �Eur ► Noi 6-10-229 Page M C. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director, No changes to the approved final pians shall occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. 9. ASSUMf!TIQL4 OF RISK.WAiSlER OF LIABILITY AND IR QEMNITY A By acceptance of this permit, the applicant acknowledges and agrees (i) that the site may be subject to hazards from sea level rise, erosion, flooding, andlor wave uprush; (ll) to assume the risks to the applicant and the property that is the subject of this permit of injury and damage from such hazards In connection with this permitted development; Illi) to unconditionally waive any claim of damage or liability against the Commission, its officers, agents, and employees for injury or, damage from such hazards; and (iv) to indemnify and holt harmless the Commission, its officers, agents, and employees with respect to the Commission's approval of the project against any and all liability, claims, demands, damages, costs (including costs and fees incurred in defense of such claims), expenses, and amounts paid in settlement arising from any injury or damage due to such hazards. B. Prior to any conveyance of the property that Is the subject of this coastal development permit, the landowner shall execute and record a deed restriction, in a farm and content acceptable to the Executive Director incorporating all of the above terns of subsection (A) of this condition. The restriction shall include a legal description of the applicant's entire parcel. The deed restriction shall run with the land, binding all successor: and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Commission amendment to this Coastal Development Permit. C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit a written agreement in a form and content acceptable to the Executive Director, incorporating all of the above terms of this condition. 90, 'RE-CQNSTRUCTION EELGRASS SURVEY A. PRE -CONSTRUCTION EELCRASS SURVEY. A valid pre -construction eehgrass (Zos#era marina) survey shall be completed during the period of active growth of eelgrass (typically March through October). The pre» construction survey shall be completed prior to the beginning of construction and shall be valid until the next period of active growth. If any portion of the project commences in a previously undisturbed area No. 5-10-229 Page 10 of after the last valid eelgrass survey expires, a new survey is required prior to commencement of work in that area. The survey shall be prepared in full compliance with the "5outherm California Eelgrass Mitigation Policy" Revision 8 (except as modified by this special condition) adapted by the National Marine Fisheries Service and shall be prepared In consultation with the California Department of Fish and Came. The applicant shall submit the eelgrass survey for the review and approval by the Executive Director within five (5) business days of completion of each selgrass survey and in any event no later than fifteen (15) business days prior to commencement of any development. If the eelgrass survey identifies any eelgrass within the project area, which would be impacted by the proposed project, the development shall require an amendment to this permit from the Coastal Commission or a new Coastal Developbient Permit. B POST CONSTRUCTION EELGRASS &URVFY. If any eelgrass Is identified in the project area by the survey required in subsection A of this condition above, within one month after the conclusion of construction, the applicant shall survey the project site to determine if any eelgirass was adversely impacted. The survey shall be prepared in full compliance with the "Southern California Eeigrass Mitigation Policy' Revision 8 (SCEMP) (except as modified by this special condition) adopted by the National Marine Fisheries Service and shall be prepared in consultation with the California Department of Fish and Game. The applicant shall submit the past -construction eelgrass survey for the review and approval by the Executive Director within thirty (34) days after completion of the survey. if any eelgrass has been impacted, the applicant shall replace the impacted eelgrass at a minimum 1.2:1 ratio on -situ or at another location, in accordance with the SCEMP. All impacts to eelgrass habitat shall be mitigated at a minimum ratio of 1.21(mitigatlomimpact), The exceptions to the required 1.2:1 mitigation ratio found within SCEMP shall not apply, Implementation of mitigation shall require an amendment to this perm t'or a now Coastal Development Permit unless the Executive Director determines that no amendment or new permit is legally required. • • s A. Not earlier than 90 days nor later than 30 days priorto commencement or re -commencement of any development authorized under this Coastal Development Permit (the *project), the applicant shall undertake a survey of the project area and a buffer area at least 10 meters beyond the project area to determine the presence of the invasive alga Caulerpa taxifblia. The survey shall include a visual examination of the substrate, If any portion of the project commences in a previously undisturbed area after the last valid Caulerpa taxibolle survey expires, a new survey is required prior to commencement of work in that area. l.I I�.. .Ili f Page 11 M If 22 1 B. The survey protocol shall be prepared In consultation with the Regional Water Quality Control Board, the California Department of Fish and fume, and the National Marine Fisheries Service, C. Within five (5) business days of completion of the survey, the applicant shall submit the survey: (1) for the review and approval by the Executive Director; and (2) to the Surveillance Subcommittee of the Southern California Caulerpa Action Team (SCCAT), The SCCAT Surveillance Subcommittee may be contacted through William Paznokas; California Department of Fish & Game (8581487-4218) or Robert Hoffman; National Marine Fisheries Service (562/980-4043), or their successors. D. if Gauiarpa faxlfaM is found within the project or buffer ureas, the applicant shall not proceed with the project until 1) the applicant provides evidence to the Executive Director that all C. fax1folle discovered within the project and buffer area has been eliminated In a manner that complies with all applicable governmental approval requirements, Including but not limited to those of the California Coastal Act, or 2) the applicant has revised the project to avoid any contact with C, faXlfW& No revisions to the project shall occur without a Coastal Commission approved amendment to this Coastal Development Permit unless the Executive Director determines that no amendment Is legally required. 12, CQNSTRt3CTIQJ4 BEST M&NAGEMENT PRACTICES A. The permittee shall comply with the following construction -related requirements: (1) No construction materials, debris, or waste shall be placed or stored where it may be subject to wave, wind, rain, or tidal erosion and dispersion, (2) Any and all debris resulting from construction aotivitles shall be removed from the project site within 24 hours of completion of the project; (3) Construction debris and sediment shall be removed from construction areas each day that construction occurs to prevent the accumulation of sediment and other debris which may be discharged Into coastal waters; (4) Erosion eontrollsedimentation Best Management Practices (BMP's) shall be used to control dust and sedimentation impacts to coastal No. 6-10-229 Page 12 S waters during construction. BMP's shaft include, but are not limited to; placement of sand bags around drainage inlets to prevent runofflsediment transport into coastal waters; and (5) All construction materials, excluding lumber, shall be covered and enclosed on all sides, and as faraway from a storm drain inlet and receiving waters as possible. S. Best Management practices (BMP's) designed to prevent spillage andfor runoff of constructlon-relatedmaterials, sediment, or contaminants associated with construction activity shall be Implemented prior to the on- set of such activity, Selected BMP's shall be maintained In a functional condition throughout the duration of the project. Such measures shall be used during constructions (t) The permittee shall ensure the proper handling; storage, and application of petroleum products and other construction materials, These shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage ofgasoline ;or related petroleum products or contact with runoff. It shall be located as far away from the receiving waters and storm drain inlets as possible; (2) The permittee; shall develop and Implement spill prevention and control measures; (3) The permittee shall maintain and wash equipment and machinery In confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged Into sanitary or storm sewer systems. Washout from concrete trucks shall be disposed of at a location not subject to runoff and more than 50 feet away from a stormdrain, open ditch or surface water; and (4) The permittee shall provide adequate disposal facilities for solid waste, including excess concrete produced during construction. 13. LOAT.ON OF DEBRIS DISPOSAL SITE The permitiae shall dispose of all demolition and construction debris resulting from the proposed project at an appropriate location. If the disposal site is located within the Coastal Zone, a Coastal Development Permit or an amendment to this permit shall be required before disposal can take places. 14. 15• I�! �`V I �: � , . A. PRIOR TO ISSUANCEOF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit for the review and approval of the Executive Director, two (2) sets of a Storm Water Pollution Prevention Plan (SWPPP) prepared and signed by licensed' engineer that, at a minimum, meets the following, The Storm Water Pollution Prevention Pian must show that permittee is property prepared to apply site design, source control and treatment control BMP's, appropriate for the potential stormwater pollutants at this site, in order lo protect coastal waters from polluted runoff generated by construction activities to the maximum extent practicable. B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final pians shall occur without a Commission' amendment to this coastal Development Permit unless the Executive Director determines that no amendment is legally required. FINAL WATER QUA[, t]X KA_NQI*MEKT PLAN LMLO_ E) A. PRIOR TO ISSUANCE OF THE COASTAL DEVEI- PMENT PERMIT, the permittee shall submit for the review and approval of the Executive Director, two (2) sets of Final Water Quality Management Plan (WOMP) for the post -construction project site, prepared and signed by a licensed water quality professional, and shall include plans, descriptions, and supporting calculations, The WQMP shall be in substantial conformance with the Preliminary Water Quality Management Plant (WQMP) (JN.* 1001, 01t 01) prepared by City of Newport Beach Public Works Department dated October 17, 2608 (Revised September 13, 2010), The WQMP shall incorporate structural and non-structural Best Management Practices (BP's) designed to reduce, to the maximum extent practicable, the volume, velocity and pollutant load of stormwater and dry weather flows leaving the developed site. In addition to the specifications above, the plan shall be in substantial conformances with the following requirements: (1) Appropriate structural and nor -structural BMP's (site design, source control and treatment control) shall be designed and implemented to minimize water quality Impacts to surrounding coastal waters; GWIp s No. 6-10-229 Page 14 of 22 (2) Impervious surfaces, especially directly connected impervious areas, shall be minimized, and altemaiive types of pervious pavement small be used where feasible; (3) irrigation and the use of fertilizers and other landscaping chernicals shall be minimized; (4) Trash, recycling and other waste containers, as necessary, shall be provided. All waste containers anywhere within the development shall be oovered, watertight, and designed to resist scavenging animals; (5) Ail runoff from the vehicle wash station shall be collected through the proposed wash rack and sandloil separator and discharged only through the sewer system, () Runoff from all roofs, walkways, driveway and parking areas shall be collected and directed through a system of structural BMP's Including vegetated areas and/or gravel filter strips or other vegetated or media filter devices. The system of BMP's shall be designed to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminants (including trash, debris and vehicular fluids) through infiltration, filtration and/or biological uptake. The drainage system shalt also be designed to convey and discharge runoff from the developed site in a non-erosive manner; (7) Post -construction structural BMP's (or suites of BMP's) shall be designed to treat, infiltrate or filter the amount of stormwater runoff produced by all storms up to and including the 85th percentile, 24- hour storm event for volume -based BMP's, and/or the 85th percentile, 1 -hour storm event, with an appropriate safety factor (Le., 2 or greater), for flow -based BMP`s; (8) AD BMP`s shall be operated, monitored, and maintained for the fife of the project and at a minimum, all structural BMP's shall be Inspected, cleaned -out, and where necessary, repaired at the following minimum frequencies; (1) prior to October 15th each year; (2) during each month between October UtH and April 1e of each year and, {3} at least twice during the dry season; (g) Debris and other water pollutants removed from structural BMrs during clean-out shall be contained and disposed of in a proper manner; (10) it Is the pennittee's responsibility to maintain the drainage system and the associated structures and BMP's according to manufacturer's specifications, and Nlo6-10-229 Ti Y of 22 (11) If at any time water quality in the neva marina is not consistent with the standards or expectations as discussed In the Moffatt & Nichol Memorandum "Regulatory Guidance for Marine Flushing" dated June 21, 2010, the applicant shall address those adverse water quality conditions and shall apply for any new development involved with addressing those adverse water quality conditions. B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. �13ATUPFUNIMEM. A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit for the review and approval of the Executive Director, two (2) full size sets of a Revised landscape Plan, prepared by a licensed landscape architect that includes the foilowinW. (1) The plan shall demonstrate that: (a) All landscaping shall consist of native or non-native drought tolerant non-invasive plant species, except for existing palm trees, as noted below. No plant species listed as problematic and/or invasive by the California Native Plant society (http jlftn8LCl�iP. S.orotl, the California Invasive Plant Council (formerly the California Exotic Pest Plant Council) (ftp;//vvy+,caFioc»orcr/I, or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a "noxious weed° by the State of California or the U.S. Federal Government shall be utilized within the property; Except for no more than 55% of landscape coverage (for accent purposes) that may be of `medlum' water use, all plants shall be low water use plants as identified by California Department of Water Resources (See. htip://www.owue.Water.ca.gov/docslwug—olgQp, Any existing landscaping that doesn't meet the above requirements shall be removed. The exist ng palm trees luted on-site are allowed to be relocated, but no new palm trees are allowed to be planted on-site Any palm trees that do not survive the relocation process are not allowed to be replaced with any new palm 4 Page 16 of trees that are not drought tolerant or are invasive. An annual palm tree inspection shall occur to assure that there has not been an increase in the number of palm trees on-site. if any new palm trees are detected on-site, they shall be removed immediately to prevent them from maturing and adding to the on-site palm tree seed bank. The palm tree inspection shall be carried out by an appropriately licensed professional who shall also prepare an annual palm tree inspection report for the review and approval of the Executive Director, (b) Proposed landscaping shall not adversely impact public views of the beach and bay provided through the site from West Balboa Boulevard, Including those views provided at the 16" Street and 171" Street, street ends.. All landscaping within the view corridor to the beach and bay shall be comprised of plant species that, at maximum growth (width/height), do not reduce, obstruct, or in any interfere with, public views. The required Revised Landscape Pian shall provide information regarding the maximum height and width of the proposed landscaping vegetation. Landscaping shall be trimrnedlmaintained such that impacts upon public views are avoided. Once planted, if the Executive Director determines that any landscaping within the view corridor to the beach and ocean is causing an impact upon public views, the applicant shall modify or replace such landscaping with different plant species that meet the requirements of this special condition, as directed by the Executive Director; (c) All planting shall provide 90 percent coverage within 90 days and shall be repeated if necessary to provide such coverage, and (d) All plantings shall be maintained in good growing condition throughout the life of the project, and whenever necessary, shall be replaced with new plant materials to ensure continued compliance with the landscape plan;: (2) The plan shall include, at a minimum, the following components. (a) Two (2) full size copies of a map showing the type, size, and location of all plant materials that will be on the developed site, the irrigation system, topography of the developed site, and all other landscape features, and (b) A schedule for Installation of plants, 6-10-229 h Page 17 of B. The permittee shall undertake development in accordance with the approved pian. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final` plans shall occur without a Commission amendment to this Coastal Development Permit sinless the Executive Director determines that no amendment is legally required. The permittee shall comply with the following construction related requirements: A. No demolition or construction materials, equipment, debris, or waste shall be placed or stared where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain or tidal erasion and dispersion, S. Any and all debris resulting from demolition or construction activities, and any remaining construction material, shall be removed from the project site within 24 hours of completion of the project; C. Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters; D, Machinery or construction materials not essential for project improvements will not be allowed at any time in the intertidal zone; E. If turbid conditions are generated during construction a silt curtain will be utilted`to control turbidity; F. Floating booms will be used to contain debris discharged Into coastal waters and any debris discharged will be removed as soon as possible but no later than the end of each day; C. Non buoyant debris discharged Into coastal waters will be recovered by divers as sooty as possible after loss; H. All trash and debris shall be disposed in the prosper trash and recycling receptacles at the end of every construction day. L The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction; J. Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. if the disposal site is located in the coastal zone, a Coastal DevelopmentPermitor an amendment to this permit shalt be �No, n Page of r required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required; K, All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stared In contact with the soil; L. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged Into sanitary or storm sewer systems; M. The discharge of any hazardous materials into any receiving waters shall be prohibited; N. Spill prevention and control measures shall be implemented to ensure the proper handling and storage sof petroleum products and other construction materials. Measures shall Include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shalt be located as far away from the receiving waters and storm drain inlets as possible; 0. Hest Management Practices (BMP's) and Good Housekeeping Practices (GNP's) designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity; and P, All BMP's shall be maintained in a functional condition throughout the duration of construction activity, 18. CONSTRUCTION RESPONIBILITIH5 O iRING DREDGING Dredging activities authorized under this Coastal Development Permit shall comply with the fallowing construction -related requirements. A. No construction materials, debris, waste, oil or liquid chemicals shall be placed or stored where it may be subject to wave erosion and dispersion, stormwater, or where It may contribute to or come into contact with nuisance flow; B. If turbid conditions are generated during construction, a sift curtain shall be utilized to minimize and control turbidity to the maximum extent practicable. In addition, Hest Management Practices (BMP's) that will further reduce the impact of turbidity include using appropriate machinery when dredging and transporting materials; and employing proper maintenance and operation on equipment (including adequate training, COASTAL DEVELOPMENT PERMIT No. 5.10-229 Page 19 of22 staffing .and working procedures). 'turbidity monitoring should be conducted during dredging operations to insure compliance with standards set forth by the Regional Water Quality Control Board (RWQCB); C. Floating booms will be used to contain debris discharged into coastal waters and any debris discharged will be removed as soon as possible but no later than the and of each day. D. Non -buoyant debris discharged into coastal waters will be recovered by divers as soon as possible after loss. E, Dredge equipment shall be used that is designed to minimize the generation of turbid conditions in the dredge area and to avoid dispersal of contaminated sediments from the dredge area to the maximum extent practicable; F. The dredging contractor shall be required as part of the dredging contract to ensure that dredging activities shall be conducted so as not to disturb sensitive biological habitats and resources in Newport lay; G. No vessel discharge to the harbor or any receiving waters shall be prohibited; H. Dredging and spoits disposal must be planned and carried out to avoid significant disruption to marine and Wildlife habitats and water circulation; and 1. Should ocean disposal be required for the project, project operations will require that the scow doors used to release dredged material remain clued until the scows are towed to the disposal site. A. PRIOR TO ISSUANCE OF THE COASTALDEVELOPMENT PERMIT, the permittee shall submit for the review and approval of the Executive Director, two (2) sets of a Final Clean Marina Program for the post - construction project site, prepared and signed by a licensed water quality professional, and shall include plans and descriptions. The WQMP shall be in substantial conformance with the Glean Marina Program fnr The Marina Park Prject prepared b the City of Newport Beach dated December 9, 2012, except It shall be finalized and modified to include the following: (1) An Emergency Response Manual to address uses such as fire response and oil spill response; 2) A fuel and oil split prevention containment plan; COASTAL • 5-10-229 Pago 20 of 22 3) Educational materials will be provided to visiting boaters regarding how the use of -solvents; paints and varnishes for in -slope boat maintenance can contribute to pollution entering the water. The Rules and Regulations of the marina will specify the types of minor repair projects which are allowed while the visitors are berthed at the slip; (4) Visitors of the marina will be allowed to clean their hulls by selecting a pre -qualified vendor from the Clty's list of certified cleaners who demonstrate knowledge of Best Management practices as it relates to boat huff cleaning and recommended by such associations as the Professional Divers Association of California. These vendors will also demonstrate knowledge of detecting aquatic Invasive species, (5} Materials, supplies, vehicles and equipment needed by the City to provide maintenance of the marina will be stored indoors at a designated area within the proposed Uliing Center building since storage outdoor can lead to exposure to rain and can produce runoff resulting In water pollution. Marina visitors will be given a copy of the Emergency Procedures ad Rules and Regulations of the marina which address the Issues outlined in the Clean Marina Score Sheets. Trash bins will be provided in the parking lot and the parking lot is designed such that runoff from the parking lot will not enter the bay and will be filtered through permeable paving and blo- swales on-site; (6) Waste shall be managed in designated areas that are covered and designed to limit runoff to the storm water conveyance system; (7) Boat sewage discharge procedures will be included in the Rules and Regulations given to visiting boaters; (8) Solid waste, liquid waste and hazardous materials proper disposal will be discussed in the Emergencies, Procedures and Maintenance sections of this manual; and (9) The Marina Park project will have a Water Quality Management Plan(WQMP). (10) Boat Gleaning and Maintenance Measures; (a) In -water top -side and bottom -side boat cleaning shall minimize the discharge of soaps, paints, and debris; No. a Pago 21 of (b) In -the -water hull scraping or any process that occurs under water that results in the removal of paint from boat hulls shell be prohibited. Only detergents and cleaning components that are designated by the manufacturer as phosphate -free and biodegradable shall be used, and the amounts used minimized, and (c) The applicant shall minimize the use of detergents and boat cleaning and maintenance products containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates or lye. (11) Solid and Liquid Waste Management Measures:. (a) All trash, recyclables, and hazardous wastes or potential water contaminants, including old gasoline or gasoline with water, absorbent materials, oily rags; lead acid batteries, antifreeze, waste diesel, kerosene and mineral spirits shall not at any time be disposed of in the water or gutter but, rather be disposed of in a manner consistent with state and/or federal regulations. (12) Petroleum Control Management Measures: (a) Boaters will practice preventive engine maintenance and will use oil absorbents in the bilge and under the engine to prevent oil and fuel discharges. Oil absorbent materials shall be examined at least once a year and replaced as necessary, Used oil absorbents are hazardous waste In California. Used oil absorbents must therefore be disposed in accordance with hazardous waste disposal regulations. The boaters shall regularly Inspect and maintain engines, seals, gaskets, lines and hoses in order to prevent oil and fuel spills. The use of soaps that can be discharged by bilge pumps is prohibited; (b) If the bilge needs more extensive cleaning (e.g., due to spills of engine fuels, lubricants or other liquid materials), the boaters will use a bilge pump -out facility or steam cleaning services that recover and property disperse or recycle all contaminated liquids, and (c) Bilge cleaners which € ontain detergents or emulsifiers will not be used for bilge cleaning since they may be discharged to surface waters by the bilge pumps. COASTAL, DEVELOPMENT PERMIT No. 5-10-229 Page 22 of 22 B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment Is legally required. 20. MARINA PARit- ARINA D MARINE SE L)QC t_ T The permittee shall conform with the "Marina FWk-Marina & Marine Usee prepared by the City of Newport Beach received by Commission staff on April 11, 21712. Any proposed changes to the approved plan for public use of the marina shall be reported to the Executive Director. No changes to the approved plan for public use of the marina shall occur without a Commission amendment to this Coastal Development Permit unless the Executive Director determines that no amendment is legally required. F'syhhWperm4sP201a 0115/1$ MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 011100 SUMMARY OF THE PROJECT PART 1 -GENERAL 1.1 GENERAL A. Project Title: CITY OF NEWPORT BEACH, MARINA PARK DEMOLITION, AND TREE RELOCATION B. Project Location: 1600 Balboa Boulevard, Newport Beach, CA 92663, as shown approximately on the Vicinity Map in the Drawings. C. The Project: Partial Demolition of the Project Site including trailers, underground utilities and paving, abatement of existing Hazardous Materials and relocation of existing trees into temporary holding area. D. Owner: City of Newport Beach, California (referenced in the Specifications as the "Owner" or "City"). 1.2 WORK INCLUDED IN THE CONTRACT A. The Work shall include demolition of all existing buildings, including removal of foundations. footings, and underground and overhead utilities as indicated in the drawings. Demolition shall be performed in phases, with the requirement to separate recyclable materials from materials that cannot be recycled_ Refer to Section 01 7419 - Construction Waste Management. Related to demolition Work shall be hazardous materials abatement performed by Contractor as specified in Document 00 3310 - Hazardous Materials Survey, in the Project Manual. B. Environmental Considerations: The overall project will be designed and shall be constructed in compliance with pre -requisites and credits according to US Green Building Council (USGBC) Leadership in Energy & Environmental Design (LEED) for Silver certification. Refer to Section 01 3529- Sustainable Design Requirements. 1. One of the perquisites for this certification is Construction Activity Pollution Prevention. In order to receive this credit the contractor must reduce pollution from construction activities by controlling soil erosion, waterway sedimentation and airborne dust generation. 2. The Contractor shall create and implement an Erosion and Sedimentation Control {ESC) Plan for all construction activities for the project 3. Additional environmental considerations are specified in Section 01 3543 Environmental Management Procedures, 01 5700 Temporary Controls, Section 01 5723 Temporary Control of Stormwater and Erosion, and Section 01 5731 Temporary Control of Noise and Acoustics. C. Additional Information Available to Contractor: 1 Hazardous materials survey: Refer to Document 00 3310 - Hazardous Materials Survey. D. Additional general information concerning the Project is provided on the Drawings. 1.3 CONCURRENT WORK UNDER SEPARATE CONTRACTS A. Work Under Separate Contracts: Work related to the Project may be performed under separate contracts by City, serving utilities and public agencies, as indicated below. Such work under separate contracts may be indicated on the Drawings and in the Specifications as "Not in Contract", "NIC", "Future" or "Under Separate Contract". 01 1100-1 Summary of the Project MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION B. Relationship to Work Under the Contract: Work under the Contract shall include all provisions necessary to make such concurrent work under separate contracts complete in every respect and fully functional, including field finishing. Provide necessary backing, supports, piping, conduit, conductors and other such provisions from point of service to point of connection, as shown on Drawings and specified herein- Coordinate scheduling and sequencing of work under separate contracts with Engineer. See Section 0 3100- Project Management and Coordination for additional requirements. C. Documents for Work Under Separate Contracts: City will make available through Engineer, in a timely manner, drawings and specifications of work under separate contracts for coordination and further description of that work. 1. If available, such information will include drawings, specifications, product data, lists and construction schedules for such work. 2. Information concerning work under separate contracts or directly by City will be provided for convenience only and shall not to be considered Contract Documents. 3. Such drawings and other data required for the coordination of the work of separate contracts with the Work of the Contract may be included with the Contract Documents. If so, they will be for convenience only and are not to be considered Contract Documents produced by Architect or Architect's consultants. D. D. Permits, Notices and Fees for Work under Separate Contracts: Notices required by and approvals required of, authorities having jurisdiction over work under separate contracts and related fees, will be solely the responsibility of City. 1.4 CONSTRUCTION SEQUENCE AND SCHEDULING A. Construction Sequence and Scheduling: Contractor shall coordinate on-site and off-site Work to minimize traffic obstruction and interference with continuing activities on adjacent properties and thoroughfares. Sequence and scheduling of trailerlbuilding demolition, utility Work, and tree relocation in particular, shall be coordinated. 1.5 PERMITS, LICENSES AND FEES A. Permits: For Work included in the Contract, Contractor shall will obtain all permits from Authority Having Jurisdiction (AHJ) and from serving utility companies and agencies. 1. Building permit: Contract Sum shall not include cost of demolition permits. City will pay directly or reimburse Contractor for building permit. B. Assessments: Costs of assessments and connection fees shall not be included in the Contract Sum. City will pay or waive all assessments and utility service connection fees. C. Licenses: Contractor shall obtain and pay for all licenses associated with construction activities, such as business licenses, contractors' licenses and vehicle and equipment licenses. All costs for licenses shall be included in the Contract Sum. D. Test and Inspection Fees: 1. Contractor shall pay all fees charged by City, County and special district authorities having jurisdiction and from serving utility companies and agencies, for tests and inspections conducted by those authorities, companies and agencies. City will reimburse Contractor for actual amount of such fees, without mark-up. 2. Contractor shall pay for all additional charges by testing and inspection agencies due to the following: a. Contractor's failure to properly schedule or notify Engineer- 61-1100 ngineer. 011100 - —2" -'— August 19, 2013 Summary of the Project MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION b. Changes in sources, lots or suppliers of products after original tests or inspections. c. Changes in means, methods, techniques, sequences and procedures of construction that necessitate additional testing, inspection and related services. d. Contractor submitted requests to change materials or products, which are accepted but require testing and/or re -inspection beyond original design. e. Costs of travel and per diem to perform factory testing on sites over 50 miles from the jobsite. I. Costs of re -testing work due to failure of the original test 1.6 CONTRACTOR'S USE OF SITE AND PREMISES A. Contractor's Use of Site and Premises: Except as described below, during the construction period the Contractor shall have full use of the premises for construction operations, including use of the site within Project Area. 1. All on-site fire hydrants shall be installed, operational, fully -charged, fully -accessible by fire apparatus and approved by local Fire Department prior to loading site with combustible materials, in compliance with California Fire Code (CFC), Article 87- 2- Contractor shall provide construction fencing and other barriers as necessary to separate the Project Area from existing facilities to remain occupied and accessible to City. 3. Use of Work area by Contractor shall not limit City s right to perform construction operations with its own forces or to employ separate contractors on portions of the Project, in accordance with the General Conditions of the Contract. Contractor shall coordinate the Work and make provision for site and building access and for storage and staging areas at the Work site to accommodate work under separate contracts by City. B. Work Hours: Refer to General Provisions of the Contract. Work shall be performed during hours in compliance with City of Newport Beach noise abatement Ordinance. C. Site Access: Access to site shall conform to security and public safety requirements of authorities having jurisdiction. Do not restrict access to adjacent facilities and do not restrict access for those performing work under separate contracts for the City. D. Construction Limits: Limit construction activities to areas indicated on Drawings as Project Area. E. Refer also to Section 01 5600 - Temporary Barriers and Enclosures for additional requirements, including temporary fencing. F. Site Access and Egress: Contractor shall maintain driveways and access/egress routes clear at all times. Use of these areas for parking or storage of materials is prohibited. Contractor shall sequence and schedule deliveries to minimize necessity for on-site storage of materials. Comply with requirements of public safety authorities having jurisdiction and requirements of airport operations. G. Protection of Existing Improvements and Facilities: Contractor shall protect property adjacent to the Project Area and all existing improvements and facilities within the Project Area, including paving and landscaping indicated to remain. 1. All existing improvements and facilities, except those specifically indicated for removal or reconstruction, shall be protected with temporary barriers, enclosures and passageways. This Package of work includes establishing a secure perimeter which will remain in place after conclusion of the work. See additional requirements specified in Section 015600 - Temporary Barriers and Enclosures. 2. After completion of Work, existing improvements and facilities to remain shall be restored to original condition and location. Project Area shall be cleaned and restored to presentable condition, equivalent to or better than the condition prior to start of Work. August 19, 2013 01 1100-3 Summary of the Project MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 3. Should existing improvements and facilities be damaged or soiled beyond renovation or repair, new products shall be provided by Contractor equivalent to existing products, as acceptable to City. 4. Site access for Work activities: Contractor shall obtain approval from City through Engineer for site access routes, gate locations and other provisions, such as restriction on times of usage, for personnel and materials. N. Utility Outages and Shutdowns: Schedule utility outages and shutdowns to evenings and weekends and at times and dates acceptable to adjacent property owners, unless otherwise directed. Provide 48 hours notice of all utility outages and shutdowns. Duration of outages and shutdowns shall not hinder normal activities of City and adjacent property owners. 1.7 CITY'S USE OF SITE AND PREMISES A. City's Use of Site and Premises: City reserves the right to occupy and to place and install equipment in Unused areas of the site building, prior to Substantial Completion, provided that such occupancy does not interfere with completion of the Work. PART2-PRODUCTS Not Applicable to this Section. PART 3 - EXECUTION Not Applicable to this Section. END OF SECTION 01 1000 U1 1100 - 4 August 19, 2013 Summary of the Project MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 01 3100 PROJECT MANAGEMENT AND COORDINATION PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. General requirements for coordination of the Work by Contractor with Engineer, Construction Manager and Architect. B_ Project meetings for coordination, monitoring of progress and resolution of construction issues, including: 1. Preconstruction Conference, 2. Progress Meetings. 1.3 RELATED SECTIONS A. Section 01 3529 - Sustainable Design Requirements: Preconstruction, Pre -Contract Closeout and Contract Closeout meetings. 1.4 COORDINATION A. Coordination: Coordinate construction operations included in various Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, that depend on each other for proper installation, connection, and oper ation. 1. Schedule operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components with work by City under separate contracts to ensure maximum accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation under the Contract and for future work that may be noted. 4. if necessary, prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. B. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Schedule of Values. 2. Site Utilization Plan 3, Construction Progress Schedule. 4. Requests for Interpretation (RFis). 5. Requests for substitution. 6. Submittals: Shop drawings, product data, and samples. 7. Test and inspection reports. 8. Design -build drawings, product data, calculations and permits. August 19, 2013 01 3100 -1 Project Management and Coordination MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 9. Manufacturer's instructions and field reports. 10. Contract closeout activities. C. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials. 1.5 SITE UTILVATION PLAN A. Provide a Plan diagram indicating all major elements of construction activity, including access, parking, vehicle loading, security elements, stormwater management, equipment storage and signage. 1.6 PROJECT MEETINGS A. Project Meetings, General: Schedule and conduct meetings and conferences at Project site, unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Construction Manager and Architect of scheduled meeting dates and times. 2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 3. Minutes: Record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Construction Manager and Architect, within 2 working days of the meeting. B. Preconstruction Conference: Schedule a preconstruction conference before starting construction, at a time convenient to Construction Manager and Architect, but no later than 10 working days after execution of the Agreement. Hold the conference at Project site or another convenient location. Conduct the meeting to review responsibilities and personnel assignments. 1. Attendees: Authorized representatives of Construction Manager, Architect, and their consultants; Contractor and its superintendent; major subcontractors; manufacturers; suppliers, and other concerned parties shall attend the conference. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the work_ 2. Agenda: Discuss items of significance that could affect progress, including the following: a. Preliminary construction schedule_ b. Phasing. c. Critical sequencing of Work under the Contract and work under separate contracts by City. d. Designation of responsible personnel. e. Procedures for processing field decisions and Change Orders. f. Procedures for processing Applications for Payment. g. Distribution of the Contract Documents. h. Submittal procedures. i. Preparation of Record Documents. j_ Use of the premises_ k. Responsibility for temporary facilities and controls. L Parking availability. m. Office, work, and storage areas. n. Security. o_ Progress cleaning. p. Working hours. C. Progress Meetings: Conduct progress meetings at weekly intervals. Coordinate dates of meetings with preparation of payment requests. After beginning of maintenance period progress meetings will be held monthly, as needed. 013100-2 August 19, 2013 Project Management and Coordination MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 1. Attendees: In addition to representatives of Construction Manager and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's Construction Schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. b. Review present and future needs of each entity present, including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off-site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Work hours. 10) Progress cleaning. 11) Quality and work standards. 12) Change Orders. 13) Documentation of information for payment requests. 3. Reporting: Distribute minutes of the meeting to each party present and to parties who should have been present. Include a brief summary, in narrative form, of progress since the previous meeting and report. 4. Schedule Updating: Revise Construction Progress Schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION August 19, 2013 01 3100-3 Project Management and Coordination MARINA PARK PACKAGE -1 DEMOLITION AND TREE RELOCATION 013100-4 August 19, 2013 Project Management and Coordination MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 01 3200 CONSTRUCTION PROGRESS DOCUMENTATION PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section_ 1.2 CONSTRUCTION PROGRESS SCHEDULE A. Format: Bar chart. Include listings in chronological order according to the start date for each activity. 1. Identify each activity with the applicable Specification Section Number. 2. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. 3. Identify work of separate stages and other logically grouped activities. 4. Include conferences and meetings in schedule. 5_ Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. 6. Provide separate schedule of submittal dates for shop drawings, product data, and samples, owner -furnished products, Products identified under Allowances, and dates reviewed submittals will be required from Engineer. Indicate decision dates for selection of finishes. 7. Indicate delivery dates for owner -furnished products. 8. Coordinate content with Payment Items in Section 9 of the Special Provisions. 9. Provide legend for symbols and abbreviations used, S. Schedule Size: Maximum 22"x 17" (560 x 432 mm) or width required. 1. Sheets shall fold neatly to multiple of 8-1/2" x 11" (216 x 280 mm) for filing. 2. Scale and spacing in content shall allow for notations and revisions. 1.3 REVIEW AND EVALUATION OF SCHEDULE A. Review: Participate in joint review and evaluation of schedule with Architect at each submittal. B. Evaluation: Evaluate project status to determine Work behind schedule and Work ahead of schedule. C. Revision: After review, revise schedule as necessary as result of review, and resubmit within 5 working days. 1.4 UPDATING CONSTRUCTION PROGRESS SCHEDULE A. Maintenance of Construction Progress Schedule: 1. Maintain schedules to record actual start and finish dates of completed activities. 2. Indicate progress of each activity to date of revision, with projected completion date of each activity. 3. Annotate diagrams to graphically depict current status of Work. 4. Identify activities modified since previous submittal, major changes in Work, and other identifiable changes. 5. Indicate changes required to maintain Date of Substantial Completion. 6. Submit reports required to support recommended changes. August 19, 2013 013200-1 Construction Progress Documentation MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION B. Narrative: Prepare and submit narrative report to define problem areas, anticipated delays, and impact on the schedule. Report corrective action taken or proposed and its effect including the effects of changes on schedules of separate contractors. 1.5 DISTRIBUTION OF SCHEDULE A. Distribution of Schedule: 1. Distribute copies of updated schedules to Contractor's project site file, to Subcontractors, suppliers. Engineer, Architect, Project Inspector, and other concerned parties. 2. Instruct recipients to promptly report, in writing, problems anticipated by projections shown in schedules. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION(Not Applicable) END OF SECTION 01 8200 - 2 August 19, 2013 Construction Progress Documentation MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 013300 SUBMITTALS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Administrative requirements for shop drawings, product data and samples submittals. B. Administrative requirements for submittals reporting results of tests and inspections, during field work. C. Contractor's review of submittals. D. Engineer's review of submittals. E. Architect's review of submittals. F. Reports of results of tests and inspections. G. Distribution of submittals after review. 1.3 RELATED SECTIONS A. Section 01 3100 - Project Management and Coordination: Submittal status review at meetings. B. Section 01 3200 - Construction Progress Documentation: Submittals Schedule. C. Section 014500- Quality Control: Test and inspection reports. D. Section of 7700- Contract Closeout Procedures: Submittals for occupancy, Acceptance and Final Payment. 1.4 DEFINITIONS A. Shop Drawings, Product Data and Samples: Instruments prepared and submitted by Contractor, for Contractors benefit, to communicate to Architect the Contractors understanding of the design intent, for review and comment by Architect on the conformance of the submitted information to requirements of the Contract Documents. Shop drawings, product data and samples are not Contract Documents. B. Shop Drawings: Drawings, diagrams, schedules and illustrations, with related notes, specially prepared for the Work of the Contract, to illustrate a portion of the Work. C. Product Data: Standard published information ("catalog cuts") and specially prepared data for the Work of the Contract, including standard illustrations, schedules, brochures, diagrams, performance charts, instructions and other information to illustrate a portion of the Work. August 19, 2013 013300-1 Submittals MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION D. Samples: Physical examples that demonstrate the materials, finishes, features, workmanship and other characteristics of a portion of the Work. Accepted samples shall serve as quality basis for evaluating the Work. E. Other Submittals: Technical data, test reports, calculations, surveys, certifications, special warranties and guarantees, operation and maintenance data, extra stock and other submitted information and products shalt not be considered to be Contract Documents but shall be information from Contractor to Architect to illustrate a portion of the Work, for confirmation of understanding of requirements of the Contract Documents. 1.5 ADMINISTRATIVE REQUIREMENTS A, Administrative Requirements for Submittals: Submittals shall be made in accordance with requirements specified herein and in product Sections of the Specifications. B. Transmission of Submittals: Transmit all submittals to Engineer, unless otherwise directed. Include all information specified below for identification of submittal and for monitoring of review process. Comply with directions of Engineer for Letter of Transmittal. C. Timing of Submittals; Make submittals sufficiently in advance of construction activities to allow shipping, handling and review by the Architect, Architect's consultants and other responsible design professionals. D. Submittals Identification: 1. Title each submittal with Project name, City's Project number, Building Permit number, Architect's Project number, Contractor's Project number and submission date. 2. Identify each element on submittal by reference to Drawing sheet number, detail, schedule, room number, assembly or equipment number, Specifications article and paragraph, and other pertinent information to clearly correlate submittal with Contract Drawings. 3. Identify each submittal by a sequential file number. E. Grouping of Submittals: Unless otherwise specifically permitted by Engineer, make all submittals in groups containing all associated items. Engineer may reject partial submittals as incomplete or hold them until related submittals are received_ Unsolicited Submittals: Unsolicited submittals will be returned unreviewed. G. Record Submittals: When record submittals are specified, submit three copies or sets only. Record submittals will not be reviewed but will be retained for historical and maintenance purposes. 1.6 SUBMITTALS SCHEDULE A. Submittals Schedule: As specified in Section 01 3200 - Construction Progress Documentation, 1.7 CONTRACTOR'S REVIEW OF SUBMITTALS A. Contractor's Review of Submittals: Prior to submission to Engineer for review, Contractor shall review each submittal for completeness and conformance to requirements of the Contract Documents. Contractor shall stamp each page of each submittal with a review action stamp and sign each review action stamp certifying the followinSubmittals without Contractor's review stamp on each sheet will be be returned without action, for revision and resumbission. 1. Field measurements have been determined and verified. 01 3300-2 August 19, 2013 Submittals MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 2. Conformance with requirements of Contract Drawings and Specifications, including referenced Codes, regulations, standards and design criteria, is confirmed. 3. Product catalog numbers, names and similar data are correct. 4. Work being performed by various subcontractors and trades is coordinated. 5. Field construction criteria have been verified, including confirmation that information submitted has been coordinated with work being performed by others for City and with actual site conditions. 6. All deviations from requirements of Drawings and Specifications have been identified and noted. B. Changes in Work: Changes in the Work shall not be authorized by submittals review actions. No review action, implicit or explicit, shall be interpreted to authorized changes in the Work. Changes shall only be authorized by separate written direction, in accordance with the Conditions of the Contract. 1.8 ARCHITECT'S REVIEW OF SUBMITTALS A. Architect's Review of Submittals: Submittals shall be a communication aid between Contractor and Architect by which interpretation of requirements of the Contract Documents may be confirmed in advance of construction. 1. Reviews by Architect and Architect's consultants shall be only for general conformance With the design concept of the Project and general compliance with the information given in the Contract Drawings and Contract Specifications. 2. Architect will review submittals as originally submitted and for the first resubmission. Costs for additional reviews shall be reimbursed by Contractor to City by deductive Change Order. Contract Requirements: 3. Review actions by Architect and Architect's consultants shall not relieve Contractor from compliance with requirements of the Contract Drawings and Contract Specifications- 4. pec cations.4. No review action, implicit or explicit, shall be interpreted to authorize changes in the Work, Changes shall only be authorized by separate written Change Order or Construction Change Directive, in accordance with the Conditions of the Contract and Section 3 — Changes in Work. 1,9 PRODUCT DATA SUBMITTALS A. Product Data: Illustrations, standard details, standard schedules, performance charts, material characteristics, color and pattern selections, test data and listings by Code authorities and nationally -recognized testing and inspection services. B. Modifications to Standard Product Data: Modify manufacturer's standard catalog data to indicate precise conditions of the Project. Comply with requirements as for shop drawings, following Provide space for review action stamps and, if required by authorities having jurisdiction, license seat of Architect, Architect's design consultant and other responsible design professional, as applicable_ C. Format: Make product data submittals in Adobe Acrobat Portable Document Format {PDF} files. For color and pattern selections, submit printed and physical samples as appropriate. D. Resubmission of Product Data: Should resubmission of product data be required, comply with the following: 1. Revise product data as necessary and resubmit as required for initial submission. 2. Indicate on resubmitted product data all revisions, including revisions other than those required for compliance with review comments. 1.10 SHOP DRAWINGS SUBMITTALS August 19, 2013 ^� u 01 3300-3 Submittals MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION A. Shop Drawings: Drawings, diagrams, schedules and other graphic depictions to illustrate fabrication and installation of a portion of the Work. B. Preparation: Shop drawings shall be original drawings prepared for submittal review, fabrication and execution of Work. Direct copies and modified reproductions of Contract Drawings will not be accepted for review. Provide space for review action stamps and, if required by governing authorities having jurisdiction, license seal of Architect, Architects design consultant and other responsible design professional, as applicable. C. Coordination: Show all field dimensions and relationships to adjacent or critical features of Work. D. Format: Prepare shop drawings for printing on minimum sheet size of 17 -inches by 22 -inches, or smaller if a multiple of 8-1/2 inches by 11 -inches. Make shop drawing submittals in Adobe Acrobat Portable Document Format (PDF) files. E. Resubmission of Shop Drawings: Should resubmission of shop drawings be required, comply with the following. 1. Revise shop drawings as necessary and resubmit as required for initial submission. 2. Indicate on shop drawings all revisions, including revisions other than those required for compliance with review comments. 3. The reproducible will be returned to Contractor. The print will not be returned. F. Site Utilization Plan: The requirements of this section shall apply to the Site Utilization Plan — See Section 01 3100 Project Management and Coordination 11 SAMPLES SUBMITTALS A. Quantity: Submit minimum of three samples of each of color, texture and pattern. Submit one item only of actual assembly or product. Unless otherwise noted, full-size and complete samples will be returned and may be incorporated into field mock-ups and the Work. B. Color Samples: Architect will review and select colors only after color samples for all related products are received, so that colors may be properly coordinate C. Copies: Submit actual samples. Photographic or printed reproductions will not be accepted. D. Review of Field Samples: Review by Architect of field samples will be made for the following products if not otherwise required and if requested by Contractor. E. Resubmission of Samples: Should resubmission of samples submittal be required, comply with the following. 1. Revise or reconstruct sample as necessary and resubmit as required for initial submission. 2. Indicate with resubmitted sample all revisions, including revisions other than those required for compliance with review comments. 1.12 REPORTS OF RESULTS OF INSPECTIONS AND TESTS A. Reports of Results of Inspections and Tests: Submit technical data, test reports, calculations, surveys, and certifications based on field tests and inspections by independent inspection and testing agency and by authorities having jurisdiction. Reports of results of inspections and tests shall not be considered Contract Documents. Make inspection and test submittals in Adobe Acrobat Portable Document Format (PDF) files. 01 3300-4 August 19, 2013 Submittals MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 1.13 POST ABATEMENT REPORT A. Provide report detailing disposition of Hazardous materials removed, and confirming materials identified in 00 3310 Hazardous Materials Survey have been removed from the site. 1.14 POST RELOCATION CERTIFICATION A. Provide report by an Independent Certified Arborist certifying status and condition of relocated trees at or near the end of the maintenance period, Report will identify trees by number, describe health and identify any apparent damage/or special conditions for each tree 1. Arborist Preparing Report will participate in an on-site review of all trees that are identified as having damage or Special Conditions, with the Engineer and the Contractor. 1.15 DISTRIBUTION OF SUBMITTALS AFTER REVIEW A. Distribution of Submittals after Review: Distribution of reviewed product data, shop drawings and samples will be made by Architect with reasonable promptness to not delay the Work. After receiptof reviewed submittals, Contractor shall distribute one copy of reviewed submittals within three working days of receipt, as follows. 1. Job site file. 2. Record documents file. 3, Subcontractors. 4. Supplier or fabricator. 5. Other contractors performing work for City under separate contracts whose work is affected by information on submittal_ 6. Construction Manager. 7. Architect (retained by Architect). 6. Other consultants of Architect (distributed by Architect). 9. City's inspector. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION(Not Applicable) END OF SECTION August19,2013 113300-5 Submittals MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION __ 613300 _ g August 19, 2©13 Submittals MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 01 3400 REQUESTS FOR INTERPRETATION (RFI) PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Request for Interpretation: A document submitted by the Contractor requesting clarification of a portion of the Contract Documents, hereinafter referred to as an RFI. 1.3 1.2 CONTRACTOR'S REQUESTS FOR INTERPRETATION (RFIs) A. Contractor's Requests for Interpretation (RFIs): Should Contractor be unable to determine from the Contract Documents the exact material, process, or system to be installed, or when the elements of construction are required to occupy the same space (interference), or when an item of Work is described differently at more than one place in the Contract Documents; the Contractor shall request that the Architect make an interpretation of the requirements of the Contract Documents to resolve such matters. Contractor shall comply with procedures specified herein to make Requests for Interpretation (RFIs). B. Submission of RFIs: RFIs shall be prepared and submitted on the form enclosed following this Section. Use appropriate form for pre-bid and post -bid inquiry. Make submission to the Construction Manager with copy to Engineer. 1. Forms shall be completely filled in, and if prepared by hand, shall be fully legible after copying by xerographic process. 2 Each RFI shall be given a discrete, consecutive number. 3. Each page of the RFI and each attachments to the RFI shall bear the Project name, Project number, date, RFI number and a descriptive title. 4. Contractor shall sign all RFIs attesting to good faith effort to determine from the Contract Documents the information requested for interpretation. Frivolous RFIs shall be subject reimbursement from Contractor to City for fees charged by Architect, Architect's consultants and other design professionals engaged by City. C. Subcontractor -Initiated and Supplier -Initiated RFIs: RFIs from subcontractors and material suppliers shall be submitted through, be reviewed by and be attached to an RFI prepared, signed and submitted by Contractor. RFIs submitted directly by subcontractors or material suppliers will be returned unanswered to the Contractor. 1. Contractor shall review all subcontractor- and supplier -initiated RFIs and take actions to resolve issues of coordination, sequencing and layout of the Work. 2. RFIs submitted to request clarification of issues related to means, methods, techniques and sequences of construction or for establishing trade jurisdictions and scopes of subcontracts will be returned without interpretation. Such issues are solely the Contractor's responsibility. 3. Contractor shall be responsible for delays resulting from the necessity to resubmit an RFI due to insufficient or incorrect information presented in the RFI. D. Requested Information: Contractor shall carefully examine the Contract Documents to ensure that information sufficient for interpretation of requirements of the Contract Documents is not August 19, 2013 013400-1 Request for Interpretation MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION included. RFIs that request interpretation of requirements clearly indicated in the Contract Documents will be returned without interpretation. 1. In all cases in which RFIs are issued to request clarification of issues related to means, methods, techniques and sequences of construction, for example, pipe and duct routing, clearances, specific locations of Work shown diagrammatically, apparent interferences and similar items, the Contractor shall furnish all information required for the Architect to analyze and/or understand the circumstances causing the RFI and prepare a clarification or direction as to how the Contractor shall proceed. 2. If information included with this type RFI by the Contractor is insufficient, the RFI will be returned unanswered. E. Unacceptable Uses for RFIs: RFIs shall not be used for the following purposes: 1. To request approval of submittals (use procedure specified in Section 01 3300 — Submittals Procedures). 2. To request approval of substitutions 3. To request changes that entail change in Contract Time and Contract Sum (comply with provisions of the General Provisions of the Contract, as discussed in detail during pre - construction meeting). 4. To request different methods of performing Work than those indicated in the Contract Drawings and Specifications (comply with provisions of the General Conditions of the Contract). F. Disputed Requirements: In the event the Contractor believes that a clarification by the Architect results in additional cost or time, Contractor shall not proceed with the Work indicated by the RFI until authorized to proceed by the Construction Manager and claims, if any, are resolved in accordance with provisions in the General Provisions of the Contract. G. RFI Log: Contractor shall prepare and maintain a log of RFis, and at any time requested by the Engineer or Architect, the Contractor shall furnish copies of the log showing all outstanding RFIs. M. Review Time: Architect will return RFIs to Contractor within 10 working days of receipt. RFIs received after 12:00 noon shall be considered received on the next regular working day for the purpose of establishing the start of the 10 day response period. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION Appendix A: Attached 6-3466-- 2 August 19, 2013 Request for Interpretation MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION From Name: Address: City: Phone: CONTRACTORS REQUEST FOR INTERPRETATION RM Date: Refer to Procedures described in Section 01 3400 —Requests for Interpretation. This RFI, when completed , is not authorization for change to the Contract Documents. Changes to the Contract Documents are authorized only by properly executed Construction Change Directive of Change Order Drawing References Detail Numbers Specification References Number and Title Comments: Submitted by Title ENGINEERS RESPONSE Date of Receipt Date of Response Response: Response by Title Marina Park — Package 1 Site Demolition and Tree Relocation Request for Interpretation MARINA PARK ` PACxAGE1 | DEMOLITION AND TREE RELOCATION 013400-4 August 19,2V13 Request for Interpretation � MARINA PARK PACKAGE 1 DEMOLITION AND TREE RELOCATION SECTION 01 3500 SPECIAL PROCEDURES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Hazardous materials procedures. B. Environmental protection procedures. C. Dust and air pollution control procedures. D. Smoke/odor control procedures. E. Cultural resources procedures. 1.3 RELATED SECTIONS A. Section 01 3543 - Environmental Management Procedures. B. Section 01 5731 - Temporary Control of Noise and Acoustics C. Section 01 7419 - Construction Waste Management. D. Section 32 9643 - Tree Relocation 1.4 ENVIRONMENTAL PROTECTION PROCEDURES A. Hazardous Materials: See Article titled "HAZARDOUS MATERIALS PROCEDURES" and requirements specified in Section 01 3543 - Environmental Management Procedures. 1. Except as otherwise specified, in the event the Contractor encounters on the site material reasonable believed to be asbestos, polychlorinated biphenyl (PCB), or other hazardous materials which have not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition in writing to Engineer. 2. Work in affected areas shall not thereafter be resumed except by written agreement of the City and Contractor if in fact the material is asbestos, PCB, or other hazardous materials and has not been rendered harmless. 3. Work in affected areas shall be resumed in the absence of asbestos, PCB, or other hazardous materials, or when such materials have been rendered harmless. B. Protection of Natural Resources: it is intended that the natural resources within the Project boundaries and outside the limits of permanent work performed under this Contract be preserved in their existing condition or be restored to an equivalent or improved condition upon completion of the work. 1. Confine construction activities to areas defined by the public roads, easements, and work area limits shown on the drawings. 2_ Return construction areas to their pre -construction elevations except where surface elevations are otherwise noted to be changed. August 19, 2013 01 3500-1 Special Procedures MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 3. Maintain natural drainage patterns. Conduct construction activities such that pending of stagnant water conducive to mosquito breeding habitat will not occur at any time. C. Land Resources Protection: Do not remove, cut, deface, injure or destroy trees or shrubs outside the work area limits. Do not remove, deface, injure or destroy trees within the Project area without permission from Engineer_ Such improvements shall be removed and replaced, if required, by the Contractor at no change in Contract Time and Contract Sum. D. Landscaping Protection: Protect trees that are located near the limits of Project area which may possibly be defaced, bruised or injured or otherwise damaged by the Contractors operations. No ropes, cables or guys shall be fastened to or be attached to any existing nearby trees or shrubs for anchorages. Refer to additional requirements specified in Section 01 5600- Temporary Barriers and Controls. 1. Pruning: City's arborist will direct pruning. 2. Excavations around trees: Refer to Section 01 5600 - Temporary Barriers and Controls. 3. Repair and restoration: Replace trees or other landscape feature scarred or damaged by equipment or construction operations as specified in 32 9643 Tree Relocation. Repair and restoration plan shall be reviewed and approved by Engineer prior to its initiation. E. Temporary Construction: 1. Remove all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, or any other vestiges of construction as directed by the Engineer. 2. Level all temporary roads, parking areas and any other areas that have become compacted or shaped. 3. Unpaved areas where vehicles have been operated shall receive suitable surface treatment or shall be periodically wetted down to prevent construction operations from producing dust damage and nuisance to persons and property, at no change in Contract Time and Contract Sum. 4. Keep haul roads clear at all times of any object which creates an unsafe condition. Promptly remove any contaminants or construction materials dropped from construction vehicles. Do not drop mud and debris from construction equipment on public streets. Sweep clean turning areas and pavement entrances as necessary. Water Resources: Comply with all applicable Federal, State and local Codes, ordinances, statutes and regulations pertaining to discharge (directly or indirectly) of pollutants to underground and natural waters. 1. Perform all Work under the Contract in a manner that any adverse environmental impacts are reduced to a level that is acceptable to Engineer and authorities having jurisdiction. 2. Refer to Civil Drawings for specific requirements on control of stormwater and disposal of water from dewatering activities. G. Oily Substances: At all times, special measures shall be taken to prevent oily or other hazardous substances from entering the ground, drainage areas or local bodies of water in such quantities as to affect normal use, aesthetics or produce a measurable impact upon the areas. All soil or water that is contaminated with oily substances due to Contractor's operations shall be disposed of in accordance with applicable regulations, at no change in Contract Time and Contract Sum. A. Identified Hazardous Materials: Hazardous materials abatement of asbestos and lead paint is a part of this contract. Under separate cover, City will furnish copy to Contractor of a hazardous materials survey, as identified in Document 00331 - Hazardous Materials Survey. B. Unidentified Hazardous Materials: 013500-2 August 19, 2013 Special Procedures MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 1. In the event that Contractor encounters on the project site material reasonably believed to be asbestos, polychlorinated biphenyl (PCB), or other hazardous materials which have not been rendered harmless, the Contractor shall immediately stop work in the area affected and report the condition to Engineer. 2. Work in the affected area shalt not be resumed except by written agreement between City and Contractor, if in fact the material is asbestos, PCB, or other hazardous materials and has not been rendered harmless. 3. Work in the affected area shall be resumed in the absence of asbestos, PCB or other hazardous materials, or when such materials have been rendered harmtess. 4. City will ensure that the identified hazardous waste and/or hazardous materials are handled and disposed in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code Division 20, Chapter 6.5). 1.6 DUST AND AIR POLLUTION CONTROL PROCEDURES A. Dust and Air Pollution Control Procedures. General: Employ measures to prevent or minimize creation of dust and air pollution. Contractor shall appoint a dust control monitor to oversee and implement all measures specified in this Article. 1. Unpaved areas shall be wetted down, to eliminate dust formation, a minimum of twice a day to reduce particulate matter. When wind velocity exceeds 15 mph, site shall be watered down more frequently. 2. Store all volatile liquids, including fuels or solvents in closed containers. 3. No on-site burning of debris, lumber and other scrap shall be permitted. 4. Properly maintain equipment to reduce gaseous pollutant emissions. 5. Exposed areas, new driveways and sidewalks shall be seeded, treated with soil binders or paved as soon as possible. 6. Cover stockpiles of soil, sand and other loose materials. 7. Cover trucks hauling soil, debris, sand or other loose materials. & Sweep project area streets at least once daily. Refer to Section 01 7410 — Cleaning Requirements. 1.7 SMOKEIODOR CONTROL PROCEDURES A. Smoke/Odor Control: Protect primary fresh air intakes to existing buildings from exhaust frominternal combustion engines, paint and solvent fumes and other noxious fumes and vapors. 1. Implement control methods such as snorkels from engines exhausts to 50 feet away from air intakes. Provide carbon filters on air intakes as necessary, including periodic replacement of filters to ensure effectiveness. 2. All equipment used on site will be AQMD certified for use in this region, and have tags available for review at request of Engineer. 3. All other activities generating fumes shall be limited to minimum distance of 50 feet from air intake grilles. 4. If fume -generating procedures must occur within 50 feet of an air intake, Contractor shall do the following: a. Notify Engineer at least 14 days in advance of such activities. b. Perform Work when it least impacts the Owner (evenings, weekends or particularly windy days). C. Provide carbon filter media, plastic barriers, or other control methods to ensure fresh air only enters into the building ventilation system_ B. Non -Smoking Site: Make project site a non-smoking environment except for designated smoking area. 1. Locate designated smoking area minimum 25 feet from structures. 2. Materials to be installed within building envelope shall be stored minimum 25 feet from designated smoking area. August 19, 2013 01 3500-3 Special Procedures MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 1.8 CULTURAL RESOURCES PROCEDURES A. Cultural Resources Procedures: 1. Project does not encroach upon known archaeological sites. However. it is conceivable that unrecorded archaeological sites could be discovered during construction. 2. In the event that artifacts, human remains, or other cultural resources are discovered during subsurface excavations at locations of the Work, the Contractor shall protect the discovered items, cease work for a distance of 35 feet radius in the area, notify the Engineer and Engineer and comply with applicable laws. 3. City may retain an Archaeologist to monitor and recover data and artifacts during period that work has ceased. 4. All items found which are considered to have archaeological significance are the property of the City. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 01 3500-4 Special Procedures MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 013529 SUSTAINABLE DESIGN REQUIREMENTS PART 1 -GENERAL 1.1 SECTION INCLUDES A. General requirements and procedures for compliance with certain US Green Building Council (USGBC) Leadership in Energy & Environmental Design (LEED) prerequisites and credits needed for Project to obtain LEED Silver certification based on LEED-NC, Version 2.2. 1. Other LEED prerequisites and credits needed to obtain LEED certification depend on material selections and may not be specifically identified as LEED requirements. Compliance with requirements needed to obtain LEED prerequisites and credits may be used as one criterion to evaluate substitution requests and comparable product requests. 2. Additional LEED prerequisites and credits needed to obtain the indicated LEED certification depend on Architect's design and other aspects of Project that are not part of the Work of the Contract. 1.2 RELATED SECTIONS A. Section 01 3543 - Environmental Management Procedures: B. Section 01 5731 —Temporary Control of Noise and Acoustics C. Section 017419 - Construction Waste Management and Disposal D. Divisions 02 through 32 Sections: LEED requirements specific to the Work specified in each of these Sections. Requirements may or may not include reference to LEED. 1.3 DEFINITIONS A. Chain -of -Custody Certificates: Certificates signed by manufacturers certifying that wood used to make products was obtained from forests certified by an FSC -accredited certification body to comply with FSC STD -01-001, "FSC Principles and Criteria for Forest Stewardship" Certificates shall include evidence that manufacturer is certified for chain of custody by an FSC -accredited certification body. B. LEED: Leadership in Energy & Environmental Design. Recycled Content: The recycled content value of a material assembly shall be determined by weight. The recycled fraction of the assembly is then multiplied by the cost of assembly to determine the recycled content value. 1. "Post -consumer" material is defined as waste material generated by households or by commercial, industrial, and institutional facilities in their role as end users of the product, which can no longer be used for its intended purpose. 2. "Pre -consumer" material is defined as material diverted from the waste stream during the manufacturing process. Excluded is reutilization of materials such as rework, regrind, or scrap generated in a process and capable of being reclaimed within the same process that generated it. 1.4 SUBMITTALS August 19, 2013 013529-1 Sustainable Design Requirements MARINA PARK PACKAGE 1 DEMOLITION AND TREE RELOCATION A. Sustainable Design Submittals: Make sustainable design -related submittals as specified in Division 2 through 32 Sections. 1. Make submittals in Adobe Acrobat Portable Document Format (PDF) files. 2. Comply with general requirements for submittals specified in Section 01 3300 — Submittal Procedures. B, LEED Action Plans: Provide preliminary submittals within seven (7) days of date of the Notice of Award, indicating how the following requirements will be met. 1. Sustainable Sites (SS) Prerequisite 1 - Construction Activity Pollution Prevention: a. Contractor shall submit Erosion and Sedimentation Control Plan that shows all construction BMPs for storm water runoff management, dust control, erosion control and catch basin protection, and that conforms to: 1) US Environmental Protection Agency Document No. EPA 832R92005; Storm Water Management for Construction Activities;. 2) Local erosion and sedimentation control standards;. 3) Contract Documents. b. Complete and up -load associated LEED on -tine template prior to project close-out. 2. Materials & Resources (MR) Prerequisite 1 - Storage & Collection of Recyclables: a. Implement the Waste Management plan complying with Section 01 7419 — Construction Waste Management. b_ Complete and up -load associated LEED on-line template prior to project close-out. 3. Materials & Resources (MR) Credits 2.1 and 2.2 - Construction Waste Management: a. Implement the Waste Management plan complying with Section 01 7419— Construction Waste Management. b. Complete and up -load associated LEED on-line template prior to project close-out. 1.5 CONFERENCES A. Coordination Meetings: Comply with general requirements for project meetings specified in Section 01310 - Project Management and Coordination. Conduct three onsite LEED Coordination Meetings. 1. First LEED Coordination Meeting: Conduct pre -construction meeting to review LEED Implementation Plan. Requirements for this meeting may be fulfilled during the coordination and 2 Second LEED Coordination Meeting: Conduct pre -Contract Closeout meeting to review LEED documentation and to determine what, if any, additional information is required from Contractor. 3. Third LEED Coordination Meeting: Conduct Contract Closeout meeting to exchange outstanding documentation and to confirm final performance data. PART 2 - PRODUCTS (Not Applicable) PART 3 -EXECUTION 3.1 SUSTAINABLE SITES A. A. Sustainable Sites (SS) Prerequisite 1 - Construction Activity Pollution Protection Plan: Contractor shall prepare and implement construction site erosion and sedimentation control measures, per Contract Documents and local requirements, in order to: 1. Prevent loss of soil during construction by stormwater runoff and/or wind erosion, including protecting topsoil by stockpiling for reuse. 2. Prevent sedimentation of storm sewer or receiving streams. 3. Prevent polluting the air with dust and particulate matter. 4. References: a. Section 013543 - Environmental Management Procedures. 013529-2 August 19, 2013 Sustainable Design Requirements MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION b. Section 03 1100 - Site Clearing. 3.2 MATERIALS & RESOURCES A. Materials & Resources (MR) Prerequisite 1 - Storage & Collection of Recyclables: B. Materials & Resources (MR) Credit 22 -Construction Waste Management, Divert 75%.- implement 5%:implement the Waste Management plan complying with Section 01575 - Construction Waste Management (Recycle or salvage 50% of construction, demolition and land -clearing debris from site). END OF SECTION August 19, 2013 01 3529-3 Sustainable Design Requirements MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 013529-4 August 19, 2013 Sustainable Design Requirements MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 01 3543 ENVIRONMENTAL MANAGEMENT PROCEDURES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes - 1 . ncludes:1. Special requirements for environmental management during construction operations. 2. Monitoring requirements. 1.3 RELATED SECTIONS A. Section 014500 - Quality Control: Meetings and project coordination regarding quality. 1.4 DEFINITIONS A. Definitions pertaining to sustainable development: As defined in ASTM E 2114- B. Environmental pollution and damage: The presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances,- or alances;or degrade the utility of the environment for aesthetic, cultural, or historical purposes. 1.5 PRECONSTRUCTION MEETING A. Preconstruction Meeting: After award of Contract and prior to the commencement of the Work, schedule and conduct meeting attended by Engineer, Engineer, Architect and Contractor to discuss the proposed Environmental Protection Plan and to develop mutual understanding relative to details of environmental protection. Coordinate with Section 01 3100 - Project Management and Coordination. 1. Schedule meeting in conjunction with preconstruction meeting for Environmental Regulatory Requirements. 2. Verify procedures and requirements necessary to ensure implementation of Environmental Protection Plan is coordinated with applicable environmental regulatory requirements. 1.6 SUBMITTALS A. Environmental Protection Plan: Not less than 10 days before the Pre -construction meeting, prepare and submit an Environmental Protection Pian. 1. Format_ At a minimum. address the following elements: a. Identification of Project. b. Identification and contact information for Environmental Manager. c_ General site information, d. Summary of Plan, e. Procedures to address water resources. f. Procedures to address land resources. 9. Procedures to address air resources. h. Procedures to address fish and wildlife resources. August 19, 2013 013543-1 Environmental Management Procedures MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION I- Monitoring procedures. 2. 2. Revise and resubmit Plan as required by Engineer. a. Approval of Contractor's Plan will not relieve the Contractor of responsibility for compliance with applicable environmental regulations. B. Reports for Field Quality Control. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3,1 ENVIRONMENTAL PROTECTION A. Protection of Natural Resources: Comply with applicable regulations and these specifications. Preserve the natural resources within the Project boundaries and Outside the limits of permanent Work performed under this Contract in their existing condition or restore to an equivalent or improved condition as approved by Engineer. 1. Demolition: Confine demolition and construction activities to work area limits indicated on the Drawings or, if not indicated, maximum 40 feet beyond the building perimeter, 10 feet beyond solid paving, and 25 feet beyond pervious paving. Dispose of demolished and waste materials that are not identified to be salvaged, recycled or reused in accordance with Section 01 7419 - Construction Waste Management and the following: a. Remove debris, rubbish, and other waste materials resulting from demolition and construction operations, from site. b. Do not bum construction and demolition waste. c. Transport materials with appropriate vehicles and dispose off-site to areas that are approved for disposal by governing authorities having jurisdiction. d. Avoid spillage by covering and securing loads when hauling on or adjacent to public streets or highways. Remove spillage and sweep, wash, or otherwise clean project site, streets, or highways. 2. Water resources: Protect groundwater resources from contaminants. a_ Comply with requirements of the National Pollutant Discharge Elimination System(NPDES) and the State Pollutant Discharge Elimination System (SPDES). b. Oily substances: Prevent oily or other hazardous substances from entering the ground, drainage areas, or local bodies of water. 1) Store and service construction equipment at areas designated for collection of oil wastes. a Mosquito abatement: Prevent ponding of stagnant water conducive to mosquito breeding habitat. d. Prevent run-off from site during demolition and construction operations. 3. Land resources: Prior to construction, identify land resources to be preserved within the Work area. Do not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and landforms without permission from Engineer. a. Conserve distinctive geological features and character b. Earthwork: As follows: 1) Erodible soils: Plan and conduct earthwork to minimize the duration of exposure of unprotected soils, except where the constructed feature obscures borrow areas, quarries, and waste material areas_ Clear areas in reasonably sized increments only as needed to use the areas developed. Form earthwork to final grade as shown. Immediately protect side slopes and back slopes upon completion of rough grading. 2) Delineate work zones so as to restrict compaction of soil elsewhere. 3) Delineate buffer zones around naturally moist areas. 4) Erosion and sedimentation control devices: Construct or install temporary and permanent erosion and sedimentation control features as required. 01 3543-2 August 19, 2013 Environmental Management Procedures MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION C, Tree and plant protection: 1) Prior to start of construction, tag each tree and plant scheduled to remain with value as approved by Engineer. In the event of damage to tree or plant, Engineer will deduct the indicated value of the damaged tree or plant from the Contract Sum. 4. Air Resources: Comply with IAQ Management Plan and as follows: a. Prevent creation of dust, air pollution, and odors. b. Sequence construction to avoid disturbance to site to the greatest extent possible. c. Use mulch, water sprinkling, temporary enclosures, and other appropriate methods to limit dust and dirt rising and scattering in air to lowest practical level. 1) Do not use water when it may create hazardous or other adverse conditions such as flooding and pollution. d_ Store volatile liquids, including fuels and solvents, in closed containers. e. Properly maintain equipment to reduce gaseous pollutant emissions, 5. Fish and Wildlife Resources: Manage and control construction activities to minimize interference with, disturbance of, and damage to fish and wildlife. a. Do not disturb fish and wildlife. b. Do not alter water flows or otherwise significantly disturb the native habitat related to the project and critical to the survival of fish and wildlife, except as indicated or specified - C. Identify and conserve wildlife corridors that intersect the site. 3.2 FIELD QUALITY CONTROL A. Field Quality Control, General: 1. Comply with requirements of agencies having jurisdiction and as specified herein. 2. Provide field practices, shipping, and handling of samples in accordance with ASTM D 4840, 13 Field Quality Control Reports: Provide in accordance with approved Environmental Protection Plan. END OF SECTION August 19, 2013 01 3543-3 Environmental Management Procedures MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 013543-4 August 19, 2013 Environmental Management Procedures MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 014000 QUALITY CONTROL PART 1 -GENERAL i.i RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Regulatory requirements for testing and inspection. B_ Quality of the Work. C. Contractor's quality control. D_ Inspections and tests, including those by authorities having jurisdiction, independent testing and inspection agency or agencies, serving utilities and product manufacturers. E. Contractor's responsibilities for observations, inspections and tests. 1.3 RELATED SECTIONS A. Section 01 3300 - Submittals Procedures: Administrative requirements for submission of results of tests and inspections. B. Section 014100- Regulatory Requirements: Compliance with applicable codes, ordinances and standards. 1.4 REGULATORY REQUIREMENTS FOR TESTING AND INSPECTION A_ Regulatory Requirements for Testing and Inspection: Inspections, testing and approvals required by the Authority Having Jurisdiction (AHJ). Refer also to Section 01410- Regulatory Requirements. 1. Title 24, California Code of Regulations (CCR), Part 1, California Building Code (CBC). 2. Title 24, California Code of Regulations (CCR), Part 2 - California Building Code (CBC). 1.5 QUALITY OF THE WORK A. Quality of Products: Unless otherwise indicated or specified, all products shall be new, free of deflects and fit for the intended use. B. Quality of Installation: All Work shall be produced plumb, level, square and true, or true to indicated angle, and with proper alignment and relationship between the various elements. C. Protection of Existing and Completed Work: Contractor shall take all measures necessary to preserve and protect existing and completed Work free from damage, deterioration, soiling and staining, until acceptance of the Work by City through Construction Manager. D. Standards and Code Compliance and Manufacturer's Instructions and Recommendations: Unless more stringent requirements are indicated or specified, comply with manufacturer's instructions and recommendations, reference standards and building code research report August 19, 2013 014000-1 Quality Control MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION requirements in preparing, fabricating, erecting, installing, applying, connecting and finishing Work. E, Deviations from Standards and Code Compliance and Manufacturer's Instructions and Recommendations: Document and explain all deviations from reference standards and building code research report requirements and manufacturer's product installation instructions and recommendations, including acknowledgement by the manufacturer that such deviations are acceptable and appropriate for the Project. 1.6 CONTRACTOR'S QUALITY CONTROL A. Contractor's Qualifications: Contractor and all subcontractors shall be licensed by State of California, Contractors License Board, to perform Work required by the Contract Documents, In addition, current specialty certifications, approvals and licenses of building product manufacturers shall be held by those performing the Work, as applicable. I Contractor shall employ highly skilled and trained craftpersons together with such other employees as required by applicable laws, rules and ordinances. 2. Each craft shall be under constant supervision by qualified foreman or other designated supervisor to ensure that Work performed is of highest quality. B. Contractor's Quality Control: Contractor shall ensure that products, services, workmanship and site conditions comply with requirements of the Drawings and Specifications by coordinating, supervising, testing and inspecting the Work and by utilizing only suitably qualified personnel. C. Quality Requirements: 1. Work shall be accomplished in accordance with quality requirements of the Contract Drawings and Contract Specifications, including, by reference, all Codes, laws, rules, regulations and standards. 2. When no quality basis is prescribed, the quality shall be in accordance with the best accepted practices of the construction industry for the locate of the Project, for similar projects and in compliance with applicable Codes, laws, rules and regulations of authorities having jurisdiction. D. Quality Control Personnel: Contractor shall employ and assign knowledgeable and skilled personnel as necessary to perform quality control functions to ensure that the Work is provided as required. E. Coordination of Field Quality Control: Contractor shall coordinate and schedule with Engineer quality assurance activities of Testing Laboratory and inspectors from authorities having jurisdiction. Verification of Quality: Work shall be subject to verification of quality by Engineer, other responsible design professionals, Testing Laboratory, Authority Having Jurisdiction (AHJ), serving utilities and product manufacturers, in accordance with provisions of the Conditions of the Contract and requirements of product manufacturers. 1. Contractor shall cooperate by making Work available for observation, inspection and testing by designated representatives of Engineer, Construction Manager, Architect, Authority Having Jurisdiction (AHJ), serving utilities and product manufacturers. 2. Such verification may include observation, Inspection and testing at mill, plant, shop or project site locations where products for the Work are manufactured, fabricated or assembled. 3. Contractor shall provide access and facilities for verification of quality by Engineer, Construction Manager, Architect, Authority Having Jurisdiction (AHJ), serving utilities and product manufacturers. See additional requirements specified herein in Article titled 014000-2 August 19, 2013 Quality Control MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION "CONTRACTOR'S RESPONSIBILITIES FOR OBSERVATIONS, INSPECTIONS AND TESTS." 4. Contractor shall provide all information and assistance necessary for verification of quality, including that by and from subcontractors, fabricators, materials suppliers, manufacturers, installers, applicators and others performing Work. 5. Contract modifications, if any, resulting from such verification activities shall be governed by applicable provisions in the Conditions of the Contract 6. Contractor shall notify Engineer in writing within 10 days of completion of work installed by City under separate contract of any defects or discrepancies that will cause delay or cost to the Contract Failure to notify the Engineer in writing shall constitute acceptance of the work as complying with the Contract and coordinated with Contractor's interface and work to be completed. 7. Prior to expiration of guaranty period provided under the Contract, City may exercise its right to reinspection. a. If a determination is made to hold such an inspection, City through Engineer will schedule inspection in conjunction with Contractor. b. At a minimum, Contractor's authorized representative and Engineer shall participate in reinspection. C. Discrepencies noted during reinspection, except normal wear and tear, normal weathering and abuse shall be corrected by Contractor at no cost to City. Such repairs shall be made promptly and to satisfaction of Engineer. G. Observations by Engineer, Architect and Architect's Consultants: 1. Periodic and occasional observations of Work in progress will be made by Engineer, Construction Manager Architect and Architect's consultants as deemed necessary to review progress of Work and general conformance with design intent 2. Continuous inspection will be made by the independent Testing Laboratory engaged by City, in accordance with Title 24, Part 1, Article 4-333- H. Limitations on Inspection, Test and Observations: Employment of Project Inspector, independent Testing Laboratory and observations by Engineer ,Construction Manager, Architect and other responsible design consultants shall in no way relieve Contractor of duties and responsibilities to perform Work in full conformance to all requirements of Contract Documents and applicable Building Code and other regulatory requirements. Non -Conforming Work: 1. Correction of Non -Conforming Work: Non -conforming Work shall be modified, replaced, repaired or redone by the Contractor at no change in Contract Sum or Contract Time, 2. Rejection of Non -Conforming Work: City through Construction Manager reserves the right to reject all Work not in conformance to the requirements of the Drawings and Specifications. 3. Acceptance of Non -Conforming Work: Acceptance of non -conforming Work, without specific written acknowledgement and approval of the Construction Manager and, as applicable, authorities having jurisdiction, shall not relieve the Contractor of the obligation to correct such Work. 4. Contract Adjustment for Non -conforming Work: Should City through Construction Manager determine that it is not feasible or in City's interest to require non -conforming Work to be repaired or replaced, and should non -conforming Work not be in conflict with the requirements of authorities having jurisdiction, an equitable reduction in Contract Sum shall be made by agreement between City and Contractor. If equitable amount cannot be agreed upon, a Construction Change Directive will be issued and the amount in dispute resolved in accordance with applicable provisions of the General Conditions of the Contract. August 19, 2013 014000-3 Quality Control MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 5. Non -Responsibility for Non -Conforming Work: Architect and Architect's consultants disclaim any and all responsibility for Work not produced in full conformance with the Contract Documents and the requirements of Authority Having Jurisdiction (AHJ). 1.7 INSPECTIONS AND TESTS BY AUTHORITIES HAVING JURISDICTION A. Contractor's Assistance: Contractor shall assist in all tests and inspections required by authorities having jurisdiction over the Work under this Contract, including those required by Authority Having Jurisdiction (AHJ), including City of Newport Beach Building Department, City of Newport Beach Public Works Department, City of Newport Beach Fire Department, Orange County Health Department and similar authorities having jurisdiction. Such assistance shall include notification of the Project Inspector when the Work is ready for inspection or re- inspection. 1.8 INSPECTIONS BY CITY A. Access to the Work: City, through Engineer, shall have access at all times for the purpose of inspection of the Work, including access fabrication and mixing facilities where the Work is in preparation. Contractor shall at all times maintain proper facilities and provide safe access for such inspection. 1. Should it be considered necessary or advisable by the Engineer, at any time before final acceptance of the entire Work, to make an examination of the Work already completed, by removing or tearing out the same, the Contractor shall on request promptly furnish all necessary facilities, labor and materials. 2. If such Work is found to be defective, in any respect, due to the fault of the Contractor or Contractor's subcontractor, Contractor shall defray all expenses of such examinations and of satisfactory reconstruction. If, however, such Work is found to meet the requirements of the Contract, the additional cost of labor and material necessarily involved in the examination and replacement shall be allowed the Contractor. B. Rejection of Work by City: City, through Engineer, shall have the right to reject materials and workmanship which are defective or non -conforming, or to require their correction. 1. Rejected workmanship shall be satisfactorily corrected and rejected materials shall be removed from the premises without charge to the City. 2. If the Contractor does not correct such rejected Work within a reasonable time, fixed by written notice, the City may repair or replace defective and non -conforming Work and charge the expense to the Contractor. 1.9 INSPECTIONS BY CITY'S PROJECT INSPECTOR A. Inspections by City's Project Inspector: City will employ a Project Inspector in accordance with the requirements of California Code of Regulations (CCR), Title 24, Part 1, Section 4-333 to inspect the Work. The duties of the Project Inspector will be as defined in Title 24, Part 1, Section 4-342. Project Inspector shall be certified and approved by Authority Having Jurisdiction (AHJ). 1. The Work of construction in all stages of progress shall be subject to the personal, continuous observation of the Project Inspector. Contractor shall provide free and safe access to any and all parts of the Work at all times. 2. Contractor shall furnish to the Project Inspector reasonable facilities for obtaining such information as may be necessary to keep the Project Inspector fully informed respecting progress and manner of the Work and the character of the materials. 3. Inspection of the Work by the Project Inspector shall not relieve the Contractor of any obligation to fulfill the Contract- 014000-4 ontract. 014000-4 August 19, 2013 Quality Control MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION B. Excessive Costs for Project Inspector: Costs of the Project Inspector beyond the ordinary shall be charged to the Contractor as provided in Paragraph 1.9.A.4., in this Section. 1.10 INSPECTIONS BY INDEPENDENT TESTING LABORATORY A. Inspections by Independent Testing Laboratory: 1. City will select, employ and pay for an independent Testing Laboratory, licensed, certified, and approved by Authority Having Jurisdiction (AHJ). Testing Laboratory will conduct tests and inspections as indicated on Drawings, in Specifications and as required by Authority Having Jurisdiction (AHJ). 2 Testing Laboratory shall be licensed to conduct testing and inspection operations and services in the State of California. Testing Laboratory services for this project shall be supervised by Civil Engineer licensed to practice in the State of California, who shall certify and sign all reports. 3. Employment of Testing Laboratory shall be in compliance with California Code of Regulations (CCR), Title 24, Part 1, Section 4-335, B. Responsibilities of Independent Testing and Inspection Agencv (Testing Laboratory): 1. Testing Laboratory shall provide qualified personnel at the project site and other locations where Work of the Contract is performed. 2. Testing Laboratory shall cooperate with Engineer, Construction Manager, Architect and Contractor when performing testing and inspection services. 3. Testing Laboratory shall perform observations, inspections, sampling and testing of products in compliance with requirements of the Contract Documents and Authority Having Jurisdiction (AHJ). 4. Duties of the Testing Laboratory shall be as described and required by California Code of Regulations (CCR), Title 24, Part 1, Section 4-335. 5. Testing Laboratory shall determine whether materials, mixes, products, application and installation procedures, characteristics of completed Work comply with requirements of the Contract Documents. 6. Contractor shall pay for the following: a. Mileage and travel time for quality control services by Testing Laboratory when travel of more than 50 miles from the project site is required. b. Overtime pay for personnel of Testing Laboratory when observations, inspections or tests are required after normal, established working hours. C. All costs for repeated observations, reinspection or retesting by Testing Laboratory due to non -conforming Work. d_ City will deduct such costs from the final payment (or funds due and payable) under the Contract. Contract Sum will be adjusted accordingly by Change Order. 7. Contractor shall make the Work in all stages of progress available for personal and continuous observation by the Testing Laboratory. a. Testing Laboratory shall have free access to any and all parts of the Work at all times. b. Contractor shall provide the Testing Laboratory with reasonable facilities for Testing Laboratory to obtain such information as Testing Laboratory determines is necessary for Testing Laboratory to be kept fully informed of the progress and manner of performance of the Work and character of products, according to Testing Laboratory's duties and responsibilities. C. Observation and inspection of the Work by Testing Laboratory shall not relieve Contractor from any obligation to fulfill the requirements of the Contract. C. Inspections and Tests by Authorities Having Jurisdiction: Engineer through Project Inspector and Testing Laboratory will cause all tests and inspections required by Authority Having Jurisdiction (AHJ) to be made for Work under this Contract. August 19, 2013 014000-5 Quality Control MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 1. Contractor shall notify Engineer and Project Inspector in writing of required schedule and shall coordinate the conducting of required tests and inspections. 2. All time required for inspections and tests by authorities having jurisdiction shall be included in the Contract Time. 3. Costs for inspections and tests by Authority Having Jurisdiction (AHJ) will be paid by City. D. Submission of Reports: Testing Laboratory will promptly submit one copy of each report of observations, inspections, sampling and testing to the following: 1. Engineer 2. Construction Manager. 3. Contractor. 4. Project Inspector, 5. Architect. 6. Architect's consultant (design professional of record), as appropriate to the Work: Structural engineer, mechanical engineer and electrical engineer. 7. City of Newport Beach Building Department, 1.11 INSPECTIONS AND TESTS BY SERVING UTILITIES A. Inspections and Tests by Serving Utilities - 1 - tilities:1. Contractor shall cause all tests and Inspections required by serving utilities to be made for Work under this Contract. 2. Except as specifically noted, scheduling, coordinating, conducting and paying for such inspections shall be solely the Contractor's responsibility. 3. Unless otherwise specified. inspections and tests by authorities having jurisdiction shall be included in Contract Time and Contract Sum. IIA2 INSPECTIONS AND TESTS BY PRODUCT MANUFACTURERS A. Inspections and Tests by Product Manufacturers: 1. Contractor shall cause all tests and inspections specified or required to be conducted by product manufacturers or authorized representatives of product manufacturers to be made. 2. Additionally, Contractor shall cause all tests and inspections required by product manufacturers or installer/applicator as conditions of guarantee, warranty or certification of Work to be made, the cost of which shall be included in the Contract Sum. Provide reports in format and with content comparable to that specified under Article titled "INSPECTIONS BY INDEPENDENT TESTING LABORATORY." B. Reports of Inspections and Tests by Product Manufacturers: Contractor shall provide reports in format and with content comparable to that specified under Article titled "INSPECTIONS BY INDEPENDENT TESTING LABORATORY." 1.13 CONTRACTOR'S RESPONSIBILITIES FOR OBSERVATIONS, INSPECTIONS AND TESTS A. Contractor's Responsibilities for Observations, Inspections and Tests: 1. Contractor shall notify Testing Laboratory, Project Inspector, and product manufacturer. As applicable, 24 hours in advance of expected time for operations requiring inspection and testing services. 2. Contractor shall deliver to Testing Laboratory or designated location, adequate samples of materials proposed to be used which require advance testing, together with proposed mix designs. 3. Contractor shall cooperate with Engineer, Construction Manager, Architect, and Architect's consultants, as applicable, Testing Laboratory, Project Inspector and product manufacturer in the conduct of inspections and tests. Contractor shall provide access to 6-4000 - 6 August 19, 2013 Quality Control MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION Work areas and off-site fabrication and assembly locations, including during weekends and after normal work hours. 4. Contractor shall provide incidental labor and facilities as necessary to ensure safe access to Work to be tested and inspected, to obtain and handle samples at the Project site or at source of products to be tested, and to store and cure test samples. 5. Contractor shall provide, at least 15 days in advance of first test or inspection of each type, a schedule of tests or inspections indicating types of tests or inspections and their scheduled dates. B. Additional Tests: Costs for additional tests, inspections and related services, due to the following, shall be reimbursed to City by Contractor and no change in Contract Time shall result. 1. Failure to properly schedule or notify Testing Laboratory, Project Inspector or other responsible testing and inspection agency, manufacturer and authorities having jurisdiction. 2. Changes in sources, lots or suppliers of products after original tests or inspections. 3. Changes in means, methods, techniques, sequences and procedures of construction which necessitate additional observation, inspection, testing, sampling and related services. 4. Changes in mix designs, such as those for concrete, mortar and plaster, after review and acceptance of submitted mix design. 5. Re -testing caused by a failed test or inspection. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION(Not Applicable) END OF SECTION August 19, 2013 Quality Control MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 014000-8 August i y, Zu13 Quality Control MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 014100 REGULATORY REQUIREMENTS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Codes, ordinances, laws and regulations applicable to the Work under the Conctract. 1.3 AUTHORITY AND PRECEDENCE OF CODES, ORDINANCES AND STANDARDS A. Authority: All codes, ordinances and standards referenced in the Drawings and Specifications shall have the full force and effect as though printed in their entirety in the Specifications. B. Precedence: 1. Where specified requirements differ from the requirements of applicable cedes, ordinances and standards, the more stringent requirements shall take precedence. 2. Where the Drawings or Specifications require or describe products or execution of better quality, higher standard or greater size than required by applicable codes, ordinances and standards, the Drawings and Specifications shalt take precedence so long as such increase is legal_ 3. Where no requirements are identified in the Drawings or Specifications, comply with all requirements of applicable codes, ordinances and standards of authorities having jurisdiction. 1.4 APPLICABLE CODES, LAWS AND ORDINANCES A. Applicable Codes, Laws and Ordinances: As listed below. Refer also to Section 01100 - Summary of the Project regarding permits and licenses. B. Building Codes: 1. Performance of the Work shall meet or exceed the minimum requirements of California Code of Regulations (CCR), Title 24, including the following: a. CCR Title 24, Part 1: 2010 California Building Standards Administrative Code. b. CCR Title 24, Part 2: 2010 California Building Code (CBC), based on 2009 International Building Code (IBC) Volumes 1 and 2, with State of California Amendments. a CCR Title 24, Part 3: 2010 California Electrical Code (CEC); based on 2008 National Fire Protection Association (NFPA) 70- National Electrical Code (NEC), with State of California Amendments. d. CCR Title 24, Part 5: 2010 California Plumbing Code (CPC); based on 2009 Uniform Plumbing Code (UPC) with State of California Amendments. e. CCR Title 24, Part 10: 2010 California Existing Building Code; based on 2009 International Existing Building Code. f. CCR Title 24, Part 12: 2010 California Referenced Standards Code. 2. Performance of the Work shall also comply with applicable requirements of current editions of California Code of Regulations (CCR) as follows: a. Title 8 - Industrial Relations. b. Title 19 - Public Safety. August 19, 2013 014100-1 Regulatory Requirements MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION C. Title 22 - Social Security. 3. References on the Drawings or in the Specifications to "code", "Code" or "building code" similar terms, not otherwise identified, shall mean the codes specified above, together with all additions, amendments, changes, and interpretations adopted by code authorities of the jurisdiction having authority over the Project. 4. The applicable edition of all codes shall be that adopted at the time of issuance of permits by the authority having jurisdiction and shall include all modifications and additions adopted by that authority. The applicable date of laws and ordinances shall be that of the date of performance of the Work. C. Other Applicable Laws, Ordinances and Regulations' 1. Work shall be accomplished in conformance with all applicable laws, ordinances, rules and regulations of Federal, State, County, City and special district agencies and jurisdictions having authority over the Project. 2. Performance of the Work shall be accomplished in conformance with all rules and regulations of public utilities, utility districts and other agencies serving the facility. 3. Where such laws, ordinances, rules and regulations require more care or greater time to accomplish Work, or require better quality, higher standards or greater size of products, Work shalt be accomplished in conformance to such requirements with no change to the Contract Time and Contract Sum, except where changes in laws, ordinances, rules and regulations occur subsequent to the execution date of the Agreement_ PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION(Not Applicable) END OF SECTION 01 0100 - 2 August 19, 2013 Regulatory Requirements MARINA PARK PACKAGE 1 DEMOLITION AND TREE RELOCATION SECTION 014200 REFERENCE STANDARDS AND ABBREVIATIONS PART1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Use of references in Drawings and Specifications, including requirements for copies of reference standards at Project site. B. Use of references in Drawings and Specifications, including requirements for copies of reference standards at Project site. C, Definitions of terms used in Specifications and Drawings, including abbreviations, acronyms, names and terms which may be used in Specifications. 1.3 RELATED SECTIONS A. Section 014100 - Regulatory Requirements: Identification of applicable building Code and other codes, ordinances and regulations applicable to performance of the Work. 1.4 USE OF REFERENCES A References: The Drawings and Specifications contain references to various standards, standard specifications, codes, practices and requirements for products, execution, tests and inspections. These reference standards are published and issued by the agencies, associations, organizations and societies listed in this Section or identified in individual product specification Sections. L Wherever term "Agency' occurs in referenced Standard Specifications, it shall be understood to mean City for purposes of the Contract. 2. Standard Specifications shall be as amended and adopted by the jurisdiction in which the Project is located. 3. Where reference is made to Standard Details, such reference shall be to the Standard Details accompanying the Standard Specifications, as amended and adopted by the jurisdiction in which the Project is located. B. Relationship to Drawings and Specifications: Such references are incorporated into and made a part of the Drawings and Specifications to the extent applicable. C, Referenced Grades Classes and Types: Where an alternative or optional grade, class or type of product or execution is included in a reference but is not identified on the Drawings or in the Specifications, provide the highest, best and greatest of the alternatives or options for the intended use and prevailing conditions_ D. Copies of Reference Standards: Reference standards are not furnished with the Drawings and Specifications because it is presumed that the Contractor, subcontractors, manufacturers, suppliers, trades and crafts are familiar with these generally -recognized standards of the construction industry. August 19, 2013 014200-1 References MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION E. Jobsite Copies: 1. Contractor shall obtain and maintain at the Project site copies of reference standards identified on the Drawings and in the Specifications in order to properly execute the Work. 2. At a minimum, the following shall be readily available at the site, as applicable to the Work: a. Local and State Building Codes: As referenced in Section 01410 — Regulatory Requirements. b. The 2009 Editionof the "Greenbook: The standard specifications for Public Works Construction c. Safety Codes: Occupational Safety and Health Act (OSHA) regulations and State of California, California Administrative Code, California Code of Regulations (CCR), Title 8- industrial Relations, Chapter 4, Subchapter 7, General Industry Safety Orders (Cal- OSHA), to extent applicable to the Work. d. General Standards: California Reference Standards Code, as amended and adopted by authorities having jurisdiction for use with California Building Code (CBC), Underwriters Laboratories, Inc. (UL) Building Products Listing, Factory Mutual Research Organization (FM) Approval Guide and American Society for Testing and Materials (ASTM) Standards in Building Codes, and American National Standards Institute (ANSI) standards. e. Fire and Life Safety Standards: All referenced standards pertaining to fire rated construction and exiting. f_ Common Materials Standards: American Concrete Institute (ACI), American Institute of Steel Construction (RISC), American Welding Society (AWS), Gypsum Association (GA), National Fire Protection Association (NFPA), Tile Council of America (TCA) and Woodwork Institute of California (WIC) standards to the extent referenced within the Contract Specifications. g. Research Reports: ICC Evaluation Service, Inc_ (ICC ES) Research and Evaluation Reports, for products not in conformance to prescribed requirements stated in Building Code. h. Product Listings: Approval documentation, indicating approval of authorities having jurisdiction for use of product within the applicable jurisdiction. Edition Date of References: 1. When an edition or effective date of a reference is not given, It shall be understood to be the current edition or latest revision published as of the date indicated on the Drawings and Specifications. 2. AI amendments, changes. errata and supplements as of the effective date shall be included. G. ASTM and ANSI References: Specifications and Standards of the ASTM International (formerly American Society for Testing and Materials) (ASTM) and the American National Standards Institute (ANSI) are identified in the Drawings and Specifications by abbreviation and number only and may not be further identified by title, date, revision or amendment. It is presumed that the Contractor is familiar with and has access to these nationally- and industry -recognized specifications and standards. 1.5 DEFINITIONS OF TERMS A. Basic Contract Definitions: Words and terms governing the Work are defined in the General Conditions of the Contract. B. Words and Terms Used on Drawings and in Specifications: Additional words and terms may be used in the Drawings and Specifications and are defined as follows: 1. "Applicable" As appropriate for the particular condition, circumstance or situation. 014200-2 August 19, 2013 References MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 2. "Approve(d):" Approval action shall be limited to the duties and responsibilities of the party giving approval, as stated in the General Conditions of the Contract. Approvals shall be valid only if obtained in writing and shall not apply to matters regarding the means, methods, techniques, sequences and procedures of construction. Approval shall not relieve the Contractor from responsibility to fulfill Contract requirements. 3. "And/or:" If used, shall mean that either or both of the items so joined are required. 4. "Directed:" Limited to duties and responsibilities of the Construction Manager or Engineer as stated in the General Conditions of the Contract, meaning "as instructed by Construction Manager or Engineer. in writing, regarding matters other than the means, methods, techniques, sequences and procedures of construction. Terms such as "directed", "requested", "authorized", "selected", "approved", "required", and "permitted" mean "directed by Construction Manager or Engineer ", "requested by the Construction Manager or Engineer ", and similar phrases. No implied meaning shall be interpreted to extend the responsibility of the Construction Manager, Architect or other responsible design professional into the Contractor's supervision of construction. 5. "Equal" or "Equivalent:" As determined by Engineer or other responsible design professional as being equivalent, considering such attributes as durability, finish, function, suitability, quality, utility, performance and aesthetic features. 6. "Furnish:" Means "supply and deliver, to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations." 7. "Indicated" The term indicated refers to graphic representations, notes, or schedules on the Drawings, or other Paragraphs or Schedules in the Specifications, and similar requirements in the Contract Documents. Terms such as "shown", "noted", "scheduled", and "specified" are used to help the reader locate the reference. There is no limitation on location. 8. "Install:" Describes operations at the Project site including the actual unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning and similar operations. 9. "Installer:" a. "Installer" refers to the Contractor or an entity engaged by the Contractor, as an employee, subcontractor, or sub -subcontractor for performance of a particular construction activity, including installation, erection, application and similar operations. Installers are required to be experienced in the operations they are engaged to perform. b. "Experienced Installer:" The term "experienced," when used with "installer" means having a minimum of 5 previous Projects similar in size to this Project, knowing the precautions necessary to perform the Work, and being familiar with requirements of authorities having jurisdiction over the Work. 10. "Jobsite." Same as site_ 11. "Necessary:" With due considerations of the conditions of the Project and as determined in the professional judgment of the Engineer, Architect or other responsible design professional as being necessary for performance of the Work in conformance with the requirements of the Contract Documents, but excluding matters regarding the means, methods, techniques, sequences and procedures of construction. 12. "Noted:" Same as "Indicated" 13. "Per." Same as "in accordance with," "according to" or "in compliance with" 14. "Products:" Material, system or equipment. 15. "Project Site:" Same as "Site." 16. "Proper:" As determined by the Engineer, Architect or other responsible design professional as being proper for the Work, excluding matters regarding the means, methods, techniques, sequences and procedures of construction, which are solely the Contractor's responsibility to determine. 17. "Provide:" Means "furnish and install, complete and ready for the intended use." August 19, 2013 014200-3 References MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 18. "Regulation:" Includes laws, ordinances, statutes and lawful orders issued by authorities having jurisdiction, as welt as and rules, conventions and agreements within the construction industry that control performance of the Work. 19. "Required." Necessary for performance of the Work in conformance with the requirements of the Contract Documents, excluding matters regarding the means, methods, techniques, sequences and procedures of construction, such as: a. a_ Regulatory requirements of authorities having jurisdiction. b. Requirements of referenced standards. b. c. Requirements generally recognized as accepted construction practices of the locale, C. d. Notes, schedules and graphic representations on the Drawings. e. Requirements specified or referenced in the Specifications. d. f. Duties and responsibilities stated in the Bidding and Contract Requirements. 20. "Scheduled:" Same as "Indicated." 21. "Selected:" As selected by Engineer, Construction Manager, Architect or other responsible design professional from the full selection of the manufacturer's products, unless specifically limited in the Contract Documents to a particular quality, color, texture or price range. 22. "Shown" Same as "Indicated-" 23. "Site:" Same as "Site of the Work" or "Project Site;" the area or areas or spaces occupied by the Project and including adjacent areas and other related areas occupied or used by the Contractor for construction activities, either exclusively or with others performing other construction on the Project. The extent of the Project Site is shown on the Drawings, and may or may not be identical with the description of the land upon which the Project is to be built. 24. "Supply:" See "Furnish" 25. 'Testing Laboratory" or "resting Laboratories:" Same as "Testing and Inspection Agency." 26. 'Testing and Inspection Agency:" An independent entity engaged to perform specific inspections or tests, at the Project Site or elsewhere, and to report on, and, if required, to interpret, results of those inspections or tests. 1.6 1.5 ABBREVIATIONS,ACRONYMS, NAMES AND TERMS, GENERAL A. Abbreviations, Acronyms, Names and Terms: Where acronyms, abbreviations, names and terms are used in the Drawings, Specifications or other Contract Documents, they shall mean the recognized name of the trade association, standards generating organization, authority having jurisdiction or other entity applicable. B. Abbreviations, General: The following are commonly -used abbreviations which may be found on the Drawings or in the Specifications: AMP or amp Ampere c Celsius CFM or cfm Cubic feet per minute CM or em Centimeter CY or cy Cubic yard DC or de Direct current DEG or deg Degrees F Fahrenheit FPM or fpm Feet per minute FPS or fps Feet per second FT or If Foot or feet Gal or gal Gallons GPM or gpm Gallons per minute IN or in Inch or inches Kip or kip Thousand pounds 014200-4 August 19, 2013 References MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION KSI or ksi Thousand pounds per square inch KSF or ksf Thousand pounds per square foot KV or kv Kilovolt KVA or kva Kilovolt amperes KWor kw Kilowatt KW H or kwh Kilowatt hour LBF or Ibf Pounds force LF or if Lineal foot M or m Meter MPH or mph Miles per hour MM or Mtn Millimeter PCF or pet Pounds per cubic foot PSF or psf Pounds per square foot PSI or psi Pounds per square inch PSY or psy Per square yard SF or sf Square foot SY or sy Square yard V or v Volts C. Abbreviations and Acronyms for Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities indicated in Gale Research's "Encyclopedia of Associations" or in Columbia books' "National Trade & Professional Associations of the U.S." D. Undefined Abbreviations, Acronyms, Names and Terms: Words and terms not otherwise specifically defined in this Section, in the Instructions to Bidders, in the General Conditions of the Contract, on E. the Drawings or elsewhere in the Specifications, shall be as customarily defined by trade or industry practice, by reference standard and by specialty dictionaries such as the following: 1. Dictionary of Architecture and Construction. Fourth Edition (Cyril M. Harris, McGraw-Hill Book Company, 2005), 2. The American Institute of Architects (AIA) Document M101, "Glossary of Construction Industry Terms." 3. 3. Encyclopedia of Associations. published by Gale Research Co., commonly available in public libraries. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTiON(Not Applicable) END OF SECTION August 014200-5 References MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 614200--6 August 19, 2013 References MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 01 5100 TEMPORARY UTILITIES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section, 1.2 SUMMARY A. Temporary utilities and services, including: 1. Heating and cooling during construction. 2. Ventilation during construction. 3. Temporary water service. 4. Temporary sanitary facilities. 5. Temporary power and lighting. 6. Construction telephone service. B. Removal of temporary utilities. 1.3 RELATED SECTIONS A. Section 01 1100- Summary of the Work: Contractor's use of site and premises. 1.4 SUBMITTALS A. Temporary Utilities: Submit reports of tests, inspections, applicable meter readings and similar procedures performed on temporary utilities. 1.5 TEMPORARY UTILITIES AND SERVICES A. Temporary Utilities and Services, General: All utilities and other services necessary for proper performance of the Work shall be provided by Contractor, unless specifically noted otherwise. Refer to General Conditions of the Contract Article 4.11. Temporary utilities and services shall conform to all applicable requirements of authorities having jurisdiction and serving utility companies and agencies, including the following: 1. Requirements of authorities having jurisdiction, including: a. Cal OSHA b. California Building Code (CBC) requirements. c. Health and safety regulations. d. Utility agency and company regulations. e_ Police, Fire Department and Rescue Squad rules. f. Environmental protection regulations. 2. Standards: a. NFPA Document 241 -Building Construction and Demolition Activities. b. ANSI A10 Series- Safety Requirements for Construction and Demolition. d. NECA Electrical Design Library -Temporary Electrical Facilities. 3. Refer to "Guidelines for Bid Conditions for Temporary Job Utilities and Services", prepared jointly by AGC and ASC, for industry recommendations. August 18, 2013 01 5100-1 Temporary Utilities MARINA PARK PACKAGE -1 DEMOLITION AND TREE RELOCATION 4. Electrical Service: Comply with NEMA, NECA and UL standards and regulations for temporary electric service. Install service in compliance with California Electrical Code (GEC). B. Inspections: Arrange for authorities having jurisdiction to inspect and test each temporary utility before use. Obtain required certifications and permits. C. Temporary Connections and Fees: Contractor shall arrange for services and pay all fees and service charges for temporary power, water, sewer, gas and other utility services necessary for the Work. 1. Contractor shalt apply for and obtain permits for temporary utiities, including permits for temporary generators, from authorities having jurisdiction. 2. All costs for temporary connections, including fees charged by serving utilities, shall be included in Contract Sum. D. Permanent Connections and Fees: Contractor shall arrange for utility agencies and companies to make permanent connections. City will arrange for permanent utility account and pay permanent connection fees. After Contract Completion review and determination that Work is acceptable, City will pay utility service charges for services delivered through permanent connections, for normal quantities. E. Use of Temporary Utilities: Enforce strict discipline in use of temporary utilities to conserve on consumption. Limit use of temporary utilities to essential and intended uses to minimize waste and abuse. 1.8 PROJECT CONDITIONS A. Conditions of Use: Keep temporary services and facilities clean and neat in appearance. Operate in a safe and efficient manner. Take necessary fire prevention measures. Do not overload facilities, or permit them to interfere with progress. Do not allow hazardous, dangerous, or unsanitary conditions, or public nuisances to develop or persist on the site. 1.7 TEMPORARY WATER SERVICE A. Temporary Water Service: Locate and connect to existing water source for temporary construction water service. Extend branch piping with outlets located so that water is available by use of hoses. 1. Locate and connect to existing water source for temporary construction water service, as acceptable to Construction Manager. 2. Extend branch piping with outlets located so that water is available by use of hoses. 3. Temporary water service piping, valves, fittings and meters shall comply with requirements of the serving water utility and California Plumbing Code (CPC). 4. All costs to establish temporary construction water system shall be included in the Contract Sum, B. Use of Permanent Water System: Permanent water system may be used for construction water after completion, sterilization, testing and inspection of system and approval by Construction Manager and authorities having jurisdiction. 1.8 TEMPORARY SANITARY FACILITIES A. Temporary Sanitary Facilities: Provide and maintain adequate temporary sanitary facilities and enclosures for use by construction personnel. 1. Number of temporary toilets shall be suitable for number of workers. 015100-2 August 19, 2013 Temporary Utilities MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 2. Provide wash up sink with soap, towels and waste disposal. B. Use of Permanent Sanitary Facilities: Do not use permanent sanitary facilities unless approved by Construction Manager. Immediately prior to Contract Completion review, thoroughly clean and sanitize permanent sanitary facilities used during construction. 1.9 TEMPORARY POWER AND LIGHTING A. Temporary Power and Lighting, General: Comply with NECA Electrical Design Library - Temporary Electrical Facilities. B. Temporary Power; Provide electric service as required for construction operations, with branch wiring and distribution boxes located to provide electrical service for performance of the Work. 1. Provide temporary electric feeder connected to electric utility service at location determined by Contractor and as approved by serving electric utility. 2_ Temporary power conduit, raceways, fittings, conductors, panels, connections, disconnects, overcurrent protection, outlets and meters shall comply with requirements of the serving electric utility, California Electrical Code (CEC) and requirements of authorities having jurisdiction. 3. Contractor shall pay all costs to establish temporary electric service. 4_ As necessary in order to maintain construction progress, Contractor shall provide and pay all costs associated with generators used for temporary power. C. Temporary Lighting: Provide temporary lighting as necessary for proper performance of construction activities and for inspection of the Work. 1. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. 2. Maintain lighting and provide routine repairs. D. Protection: Provide weatherproof enclosures for power and lighting components as necessary. E. Provide overcurrent and ground -fault circuit protection, branch wiring and distribution boxes located to allow convenient and safe service about site of the Work. Provide flexible power cords as required. F. Use of Permanent Power and Lighting Systems: Permanent power and lighting systems may be used after completion, testing and inspection of systems and approval by Construction Manager and authorities having jurisdiction. 1. Contractor shall maintain lighting and make routine repairs and replacements as necessary. 2. City will pay for reasonable amounts of electricity consumed after permanent power system is operational and approved by authorities having jurisdication. G. Service Disruptions: When necessary for energizing and de -energizing temporary electric power systems, minimize disruption of service to those served by public mains. Schedule transfers at times convenient to City and to occupants. H. Relamping: For permanent lighting used during construction, relamp all fixtures immediately prior to Contract Completion (punchlist) review. 1.14 CONSTRUCTION TELEPHONE SERVICE August 19, 2013 01 5100-3 Temporary Utilities MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION A. Construction Telephone Service: Provide telephone service to Contractor's field staff by means of cellular telephones, pagers and NEXTEL radio service, to enable communications between Construction Manager, Project Inspector and Contractor. 1. Include voice message service and paging services. 2. All costs of construction telephone, paging and radio services shall be included in Contract Sum - PART 2 - PRODUCTS um. PART2-PRODUCTS 2.1 MATERIALS AND EQUIPMENT A. Materials: Provide new materials, if acceptable to the Engineer, undamaged previously used materials in serviceable condition may be used. Provide materials suitable for the use intended. Their use and methods of installation shall not create unsafe conditions or violate requirements of applicable codes and standards. B. Equipment Provide new equipment, or, if acceptable to the Engineer and Construction Manager, Contractor may provide undamaged, previously used equipment in reliable and serviceable condition. Provide equipment suitable for use intended. PART 3 - EXECUTION 3.1 TEMPORARY UTILITIES INSTALLATION A. Temporary Utilities Installation, General: Engage the appropriate local utility company or personnel to install temporary service or connect to existing service. 1. Use Charges: Cost or use charges for temporary facilities are the Contractors responsibility. 2. Allowance for Utilities Charges: When Contract includes an allowance for metering of utility services, whether through temporary or permanent facilities, unused amount shall be returned to City by execution of deductive Change Order. B. Water Service: Water may be taken from the City's systems in such quantities and at such times as they are available. if this is done, provide all temporary materials necessary to extending the utility to where they will be used. Contractor to install a meter and reimburse City for water used. C. Temporary Electric Power Service: Electricity may be taken from the Cry's system if available. If this is done, provide all equipment, including connections, and other materials necessary for extending the utility lines to where they will be used. Coordinate the installation with the Construction Manager. Contractor to install a meter and reimburse City for power used. Where sub- metering is not possible or practical, a flat fee may be established and paid to the City. 1. When not available from the City, Contractor shall arrange and pay for electric service through local utility or furnish power through portable generators. 2. All permanent power used by the Contractor prior to Occupancy by City shall be metered and paid by Contractor. D. Temporary Telephones: Contractor shall have telephone service available at its business office for the duration of contract where Contractor and its superintendent may be contacted. Cellular telephones for contact with Contractor's project manager and superintendent shall be provided. E. Temporary Fire Protection: Until fire protection needs are supplied by permanent facilities, install and maintain temporary fire protection facilities of the types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 10 "Standard for Portable 01 5100 - 4 August 19, 2013 Temporary Utilities MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION Fire Extinguishers," and NFPA 241 "Standard for Safeguarding Construction, Alterations and Demolition Operations." 1. Locate fire extinguishers where convenient and effective for their intended purpose, but not less than one extinguisher on each floor at or near each usable stairwell. 2. Store combustible materials in containers in fire -safe locations. 3. Maintain unobstructed access to fire extinguishers, fire hydrants, temporary fire protection facilities, stairways and other access routes for fighting fires. Prohibit smoking in hazardous fire exposure areas. 4. Provide supervision of welding operations, combustion type temporary heating units, and similar sources of fire ignition_ Maintenance of Temporary Utilities and Services: Maintain temporary utilities and services in good operating condition until removal. Protect from utilities and services from environment and physical damage. 3.2 TERMINATION AND REMOVAL OF TEMPORARY UTILITIES AND SERVICES A. Termination and Removal of Temporary Utilities and Services: Unless City requires that it be maintained longer, remove each temporary facility when the need has ended, or when replaced by authorized use of a permanent facility, or no later than Completion Review_ Complete or, if necessary, restore permanent construction that may have been delayed because of interference with the temporary facility. At Completion Review, clean and renovate permanent facilities that have been used during the construction period. B. Removal of Temporary Underground Utilities and Restoration: Remove temporary underground utility installations to a minimum depth of 2 -feet below utility services. 1. Backfill, compact and regrade site as necessary to restore areas or to prepare for indicated paving and landscaping - 2 Restore paving damaged by temporary utilities. Refer to requirements specified in Section 300-1.32 for Cutting requirements and for patching either Section 302-5 for Asphalt, or 302-6 for concrete, depending on material being patched. C. Cleaning and Repairs: Clean exposed surfaces and repair damage caused by installation and use of temporary utilities and services. Where determined by Engineer and Construction Manager after consultation with Architect that repair of damage is unsatisfactory, replace construction with matching finishes_ END OF SECTION August 19, 2013 015100-5 Temporary Utilities MARINA PARK PACKAGE1 i DEMOLITION AND TREE RELOCATION ' 015100'6 8uguo 19.2Vl3 Tempuraryiti|fies | MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 01 5200 CONSTRUCTION FACILITIES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Field offices and sheds. B. Removal of construction facilities. 1.3 RELATED SECTIONS A. Section 01 1100 - Summary of the Work: Contractor's use of site and premises. B. Section 01 5529• Construction Staging Areas: Locations for field offices and sheds. C. Section 01 5600- Temporary Barriers and Enclosures: Coordination of installation and removal of construction fencing and barriers with field offices and sheds. D. Section 01 7410- Cleaning Requirements: Cleaning during construction and final cleaning. 1.4 MAINTENANCE OF CONSTRUCTION FACILITIES CONTROLS A. Maintenance: Use all means necessary to maintain construction facilities in proper and safe condition throughout progress of the Work. B. Replacement: In the event of loss or damage, promptly restore temporary construction facilities by repair or replacement at no change in the Contract Sum or Contract Time. 1.5 CONTRACTOR'S SHEDS A_ Storage Sheds for Tools, Materials, and Equipment: Provide weather -tight sheds, with heat and ventilation appropriate for storage of products requiring controlled conditions, with adequate space for organized storage and access, and lighting for inspection of stored materials. B. Layout of Field Offices and Sheds: Within 5 days of the Notice to Proceed, Contractor shall submit to Construction Manager a proposed layout for field offices, sheds and storage areas. Construction Manager will review and respond within 5 days with comments and directions. Contractor shall comply with directions of Construction Manager. PART 2 - PRODUCTS (Nat Applicable) August 19, 2013 01 5200 - 1 Construction Facilities MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION PART 3 - EXECUTION 3.1 INSTALLATION OF CONSTRUCTION FACILITIES A_ Layout of Sheds: Include sheds on Site Utilization Plan — See Section 01 3100 Project Management and Coordination. Engineer will review and respond within 5 days with comments and directions_ Contractor shall comply with directions of Engineer. 1. Coordinate with requirements specified in Section 01 5529 - Construction Staging Areas. 2. Coordinate installation of construction fencing as specified in Section 01 5600 — Temporary Barriers and Enclosures. 3.2 REMOVAL OF CONSTRUCTION FACILITIES A. Removal of Construction Facilities: Unless otherwise mutually agreed by Construction Manager and Contractor, remove temporary materials, equipment, services, and construction prior to Contract Completion review. 1. Coordinate removal with requirements specified in Section 01 5100- Temporary Utilities, Section 01 5200 - Construction Facilities, Section 01 5500 - Vehicular Access and Parking and Section 01 5600- Temporary Barriers and Enclosures_ 2. Completely remove in -ground construction facilities to minimum depth of 2 -feet. Backfill, compact and regrade site as necessary to restore areas or to prepare for indicated paving and landscaping. B. Cleaning and Repairs: Clean and repair damage caused by installation or use of temporary construction facilities on public and private rights-of-way. END OF SECTION 01 5200 - 2 — August 19, 2013 Construction Facilities MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 01 5400 CONSTRUCTION AIDS PARTI-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division I Specification Sections, apply to this Section. 1.2 SUMMARY A. Construction aids, including: 1. Debris chutes. 2. Scaffolding. 1.3 RELATED SECTIONS A. Section 01 1100- Summary of the Work: Contractor's use of site and premises. B. Section 015600- Temporary Barriers and Enclosures: Temporary construction barriers, enclosures and passageways. 1.4 CODES AND REGULATIONS A. Safety Regulations: Comply with requirements of all applicable Federal, State and local safety rules and regulations. Contractor shall be solely responsible for jobsite safety. 1. Contractor shall apply and pay for scaffolding permit. 1.5 DEBRIS CHUTES A. Debris Chutes: Provide chutes as necessary for debris removal. 1. Construct debris chutes of substantial materials. Use cylindrical, laminated fiber forms (SonotubeO or equal) to minimize noise of debris removal_ 2. Provide controls at debris chutes to minimize spread of dust and debris. 3. Limit use of debris chutes to times to minimize disruption of activities in adjacent spaces. 1.6 SCAFFOLDING A. Scaffolding: Provide scaffolding as necessary for access and proper performance of the Work. Design and installation of scaffolding shall be solely Contractor's responsibility PART 2 .. PRODUCTS (Not Applicable) PART 3 -EXECUTION 3.1 MAINTENANCE OF CONSTRUCTION AIDS A. Maintenance: Use all means necessary to maintain construction aids in proper and safe condition throughout progress of the Work. B. Replacement In the event of loss or damage, promptly restore construction aids by repair or replacement at no change in the Contract Sum or Contract Time. August 19, 2013 01 5400-1 Construction Aids MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 3.2 REMOVAL OF CONSTRUCTION AIDS A. Removal of Construction Aids: Unless otherwise mutually agreed by Construction Manager and Contractor, remove construction aids prior to Contract Completion review. Coordinate removal with requirements specified in Section 01 5100 - Temporary Utilities, Section 01 5200 — Construction Facifities,, Section 01 5500 —Construction Vehicular Access and Parking and Section 01 5600 - Temporary Barriers and Enclosures. B. Cleaning and Repairs: Clean and repair damage caused by installation or use of construction aids. END OF SECTION 01 5400-2 August 19, 2013 Construction Aids MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 015500 CONSTRUCTION VEHICULAR ACCESS AND PARKING PART 1 -GENERAL 1.1 RELATED DOCUMENTS A_ Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Requirements for vehicular access to Work areas. B. Requirements for construction parking. 1.3 RELATED SECTIONS A_ Section 01 1100 - Summary of the Work: Contractor's use of site and premises. B_ Section 01 3100 — Project Management and Coordination — Site Utilization Plan Requirements. C. Section 01 5200 - Construction Facilities: Coordination of access to field offices and sheds. D. Section 01 .5529 - Construction Staging Areas: Layout of construction staging area, including locations for vehicular access and construction parking. E. Section 01 5600 - Temporary Barriers and Enclosures: Requirements for temporary construction barriers, enclosures and passageways, appliable to construction parking areas. F. Section 01 5700 -Temporary Controls: Storm water pollution prevention measures; video record of existing conditions to be used to determine restoration Work. G. Section 017410- Cleaning Requirements: Cleaning during construction and final cleaning. 1.4 PROTECTION OF EXISTING CONDITIONS A. Protection of Adjacent Facilities: Contractor shall restrict Work to limits indicated on the Drawings and as specified in Section 01 1100- Summary of the Work_ Protect existing, adjacent facilities from damage, including soiling and debris accumulation. 1.5 SITE ACCESS A. Site Access: Use of designated existing on-site streets and driveways for construction traffic is permitted_ Include haul routes and loading areas on Site Utilization Plan and obtain approval from City of Newport Beach prior to site mobilization, Review access routes with Construction Manager and comply with Construction Manager's directions. 1 _ Tracked vehicles shall not use paved areas. 2 Provide unimpeded access for emergency vehicles. Maintain 20 foot (6 m) width driveways with turning space between and around combustible materials_ 3. Provide and maintain access to fire hydrants free of obstructions. 4. Clean and restore paving and other site features after construction use. B. Traffic Control: 01 5500-1 Construction Vehicular Access and Parking MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 1. Contractor shall comply with all traffic regulations, including speed limits. Contractor shall pay all parking and traffic fines. 2. Employ trained and equipped flag persons to regulate traffic when construction operations or traffic encroach on vehicular and pedestrian traffic lanes. Comply with regulations of authorities having jurisdiction. 3. Provide signage, cones and other suitable devices to direct traffic. Use flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 1.6 TRAFFIC SIGNS AND SIGNALS A. Traffic Signs and Signals: Provide temporary signs and signals as required by authorities having jurisdiction. Relocate signs and signals as necessary during construction. 1. Traffic Signs shall be City Provided, Contractor Installed 1.7 CONSTRUCTION PARKING A. Construction Parking: Include Parking locations on Site Utilization Plan and obtain approval from City of Newport Beach prior to site mobilization. Review construction parking with Engineer and comply with Engineer's directions - 1 - irections.1. Provide on-site parking for construction purposes. 2 Do not park on public roadways unless approved by Engineer. Overnight parking is prohibited_ 3. Maintain clear access ways and parking for emergency vehicles, as required by local police and fire authorities. PART 2 - PRODUCTS (Not Applicable) PART 3 -EXECUTION 3.1 MAINTENANCE OF PARKING AND ACCESS ROADS A. Maintenance: Maintain traffic and parking areas in a sound condition. Repair breaks, potholes, low areas, standing water and other deficiencies, to maintain paving and drainage in original or specified condition. B. Cleaning of Roadways and Parking Areas: Keep public and private rights-of-way and parking areas clear of construction -caused soiling, dust and debris, especially debris hazardous to vehicle tires. Perform cleaning as frequently as necessary. Coordinate with requirements specified in Section 015700- Temporary Controls and Section 01 7410- Cleaning Requirements. END OF SECTION 01 5500-2 August 19, 2013 Construction Vehicular Access and Parking MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 01 5529 CONSTRUCTION STAGING AREAS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Contractor Staging Area requirements. 1.3 1.2 RELATED SECTIONS A. Section 01 1100- Summary of the Work: Contractors use of site and premises. B. Section 01 5200 - Construction Facilities: Field offices and sheds. C. Section 01 5500- Vehicular Access and Parking: Construction parking. D. Section 01 5600 -Temporary Barriers and Enclosures: Temporary construction barriers„ enclosures and passageways. E. Section 01 5700- Temporary Controls: Storm water pollution prevention measures; video record of existing conditions to be used to determine restoration Work. F. Section 01 5723- Temporary Control of Storm Water and Erosion: Implementation and monitoring of Storm Water Pollution Prevention Plan (SWPPP). G. Section 01 7410 - Cleaning Requirements: Periodic cleaning and final cleaning for Substantial Completion review, 1.4 SUBMITTALS A. Shop Drawings: Prior to site mobilization, Contractor shall prepare and submit for review by Construction Manager a site plan indicating detailed layout of Contractor Staging Area, including: 1. Temporary utilities_ 2. Temporary fencing and gates. 3. Temporary offices and sheds. 4- Construction aids. 5. Vehicular accessways and on-site parking. 6. Temporary barriers and enclosures. 7. Relocated Tree Holding Area PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 CONTRACTOR STAGING AREA REQUIREMENTS August 19, 2013 01 5529-1 Construction Staging Areas MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION A. Contractor shall use only site areas designated specifically by Construction Manager as Contractor Staging Area for the Project. 1. Contractor Staging Area for the Project shall be clearly indicated. Equipment placed or located outside of areas designated for Contractor Staging Area shall be removed to within Contractor Staging Area at no change in Contract Time and Contract Sum. 2. Access to Contractor Staging Areas and other construction accessways and thoroughfares shall be kept clear at all times. Provide traffic and parking control signage acceptable to Construction Manager. B. Cleanliness: Contractor Staging Area shall be kept clear of trash and debris and in neat order. C. Contractor shall be responsible for cleanliness and order of assigned Contractor Staging Areas, as acceptable to Construction Manager. 3.2 REMOVAL OF CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS A. Removal of Construction Facilities and Temporary Controls: Unless otherwise mutually agreed by Construction Manager and Contractor, remove temporary materials, equipment, services, and construction prior to Contract Completion review. Coordinate removal with requirements specified in Section 01 5100- Temporary Utilities, Section 01 5200- Construction Facilities, Section 01 5500- Vehicular Access and Parking and Section 01 5600 -Temporary Barriers and Enclosures. B. Cleaning and Repairs: Clean and repair damage caused by installation or use of temporary facilities on public and private rights-of-way. C. Removal of Temporary Utilities and Restoration: Remove temporary underground utility installations to a depth of 2 -feet. Backfill, compact and regrade site as necessary to restore areas or to prepare for indicated paving and landscaping. END OF SECTION ------ ------- 01 5529 - 2 August 19, 2013 Construction Staging Areas MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION SECTION 015600 TEMPORARY BARRIERS AND ENCLOSURES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Temporary construction barriers, enclosures and passageways. 1. Dust and debris barriers. 2. Security barriers. 3. Temporary chainlink fencing. B. Protection of completed Work. C. Removal of construction facilities and temporary controls. 1.3 RELATED SECTIONS A. Section 01 1100- Summary of the Work: Contractor's use of site and premises. B. Section 01 5500- Vehicular Access and Parking: Construction parking restrictions. C. Section 01 5700- Temporary Controls: General requirements for protection of existing conditions and run-off control. 1A CODES AND REGULATIONS A. California Building Code (CBC): Comply with California Building Code (CBC) Chapter 33, Section 3303 - Protection of Pedestrians During Construction or Demolition. B. Fire Regulations: Comply with requirements of fire authorities having jurisdiction, including California Fire Code (CFC) Article 87 during performance of the Work. C. Safety Regulations: Comply with requirements of all applicable Federal, State and local safety rules and regulations. Contractor shall be solely responsible for jobsite safety. D. Barricades and Barriers: As required by governing authorities having jurisdiction, provide substantial barriers, guardrails and enclosures around Work areas and adjacent to embankments and excavations for protection of workers and the public. 1,5 PROTECTION OF EXISTING CONDITIONS A. Protection of Adjacent Facilities: Contractor shall restrict Work to limits indicated on the Drawings and as specified in Section 01 1100- Summary of the Work: Protect existing, adjacent facilities from damage, including soiling and debris accumulation. B. Protection of Existing Furniture, Fixtures and Equipment: As applicable, provide temporary enclosures, barriers and covers to protect existing furniture, fixtures and equipment remaining in Project area during construction. 01 5600-1 Temporary Barriers and Enclosures MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 1.6 MAINTENANCE OF CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS A. Maintenance: Use all means necessary to maintain temporary barriers and enclosures in proper and safe condition throughout progress of the Work. B. Replacement: In the event of loss or damage, promptly restore temporary barriers and enclosures by repair or replacement at no change in the Contract Sum or Contract Time. 1.7 TEMPORARY BARRIERS, ENCLOSURES AND PASSAGEWAYS A. Temporary Barriers, General: Provide temporary fencing, barriers and guardrails as necessary to provide for public safety, to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent properties from damage from construction operations. 1. Refer to temporary fencing and phasing plan in the Drawings. Comply with requirements indicated. 2. Note requirements for continued occupancy and use of existing buildings and site areas during construction. 3. Comply with applicable requirements of California Building Code (CBC) and of authorities having jurisdiction, including industrial safety regulations. Review requirements with Construction Manager, 4. Maintain unobstructed access to fire extinguishers, fire hydrants, temporary fire -protection facilities, stairways, and other access routes for firefighting. 5. Paint temporary barriers and enclosures with appropriate colors, graphics, and warning signs to inform personnel and public of possible hazard. 6. Where appropriate and necessary, provide warning lighting, including flashing red or amber lights. B. B. Temporary Chainlink Fencing: Provide temporary portable chain-link fencing with windscreen. 1. Portable Chain -Link Fencing: Minimum 2 -inch (50 -mm) 11 -gage, galvanized steel, chain- link fabric fencing; minimum 8 feet (2.4 m) high with galvanized steel pipe posts; minimum 2-3/8- inch- (60 -mm-) OD line posts and 2 -718 -inch- (73 -mm-) OD corner and pull posts, with 1-5/8- inch- (42 -mm-) OD top and bottom rails. a. Provide Driven posts at all locations except as determined by Engineer. 1 } Where driven posts cannot be installed, provide concrete or galvanized steel bases for supporting posts_ Provide protective barriers at bases to prevent tripping by pedestrians. 2. Windscreen on Chain -Link Fencing: For screening of construction activities from view, equivalent to the following: a. Specified manufacturer: Collins Company, Fullerton, CA (7141870-9779). b. Acceptable manufacturers: None identified. Equivalent products of other manufacturers will be considered in accordance with the "or equal' provision specified in Section 01600- Product Requirements. C. Windscreen fabric: Closed mesh weave of 30 warp by 16 fills per square inch. 1) Fiber: 5.6 ounce per square yard polypropylene fiber. 2) Shade factor: 78 percent. 3) Tensile strength: 360 pounds for warp and 190 pounds for fill, when tested according to ASTM 01682, grab method. 4) Tear strength: 110 pounds for warp and 70 pounds for fill, when tested according to ASTM 02263, trapezoidal method. d. Fabric fabrication: 1) Reinforce hems and seams with 2-3/4 inch black polypropylene folded binding tape, with tensile strength of 300 pounds. 2) Provide center reinforcing tape in addition to reinforced perimeter hems and panel seams. 3) Sew hems and seams with UV light resistant polyester thread. 01 5600-2 August 19, 2013 Temporary Barriers and Enclosures MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 4) Provide 9/32 -inch brass grommets spaced at 12 -inches on center in perimeter hems and center reinforcing tape. e. Secure windscreen to fence at all grommets. f. Locate windscreen on outside of fence. C. Tarpaulins: Fire -resistive labeled with flame -spread rating of 15 or less. D. Temporary Closures: Provide temporary closures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. Provide temporary weathertight enclosure for building exterior. 1. Where heating or cooling is needed and permanent enclosure is not complete, provide insulated temporary enclosures. Coordinate closures with ventilating and material drying or curing requirements to avoid dangerous conditions and effects such as mold. 2. Vertical openings: Close openings of 25 sq. ft. (2.3 sq. m) or less with plywood or similar materials. 3. Horizontal openings: Close openings in floor or roof decks and horizontal surfaces with load- bearing, wood -framed construction. 4, Install tarpaulins securely using wood framing and other suitable materials. 5. Where temporary wood or plywood enclosure exceeds 100 sq. ft. (9.2 sq. m) in area, use fire- retardant -treated material for framing and main sheathing. E. Temporary Partitions: Erect and maintain temporary partitions and temporary closures to limit dust and dirt migration, including migration into existing facilities, to separate areas from fumes and noise and to maintain fire -rated separations, 1. Dust barriers: Construct dustproof, floor -to -ceiling partitions of not less than nominal 4 - inch studs, 21ayers of 3 -mil (0.07 -mm) polyethylene sheets, inside and outside temporary enclosure. a. Overlap and tape full length of joints. b. Include 5/8 -inch thick gypsum board at temporary partitions serving as noise barrier. c. Insulate partitions to minimize noise transmission to adjacent occupied areas. C. Seat joints and perimeter of temporary partitions. 2. Dust barrier passages: Where passage through dust barrier is necessary, provide gasketed doors or heavy plastic sheets that effectively prevent air passage. a. Construct a vestibule and airlock at each entrance to temporary enclosure with not less than 48 inches (1219 mm) between doors. b. Maintain water -dampened foot mats in vestibule where passage leads to existing occupied spaces. c. Equip doors with security locks. F. Landscape Barriers: Provide barriers around trees and plants designated to remain or to be relocated . Coordinate with requirements specified in Section 32 9643 - Tree Relocation. 1. Locate barriers as directed outside of drip lines of trees and plants. 2. Protect entire area under trees against vehicular traffic, stored materials, dumping, chemically injurious materials, and puddling or continuous running water. 3. Contractor shall pay all costs to restore trees and plants within barriers that are damaged by construction activities. Restoration shall include replacement with plant materials of equal quality and size. Costs shall include all fines, If any, levied by authorities having jurisdiction. G. Barricades, Warning Signs and Lights, General: Comply with standards and Code requirements for erection of structurally adequate barricades, Paint barricades with appropriate colors, graphics and warning signs to inform personnel and the public of the hazard being protected against. Where appropriate and needed provide fighting, including flashing red or amber lights. August 19, 2013 01 5600 - 3 Temporary Barriers and Enclosures MARINA PARK PACKAGE 1 DEMOLITION AND TREE RELOCATION H. Guard Rails: Provide guard rails along tops of embankments and excavations. Along public walkways and areas accessible by the public, adjoining excavations, provide guardrails in addition to fencing. 1. Guardrails shall be substantially and durably constructed of lumber, firmly anchored by posts embedded in concrete, and complying with Code requirements for temporary barriers. 2. Guardrails shall comply with dimensional requirements and accommodate loads as prescribed by California Building Code (CBC) for permanent guardrails. Security Closures and Lockup: Provide substantial temporary closures of openings in exterior surfaces and interior areas as appropriate to prevent unauthorized entrance, vandalism, theft and similar violations of security. Provide doors with self closing hardware and locks. 1. Storage: Where materials and equipment must be stored, and are of value or attractive for theft, provide a secure lockup. Enforce discipline in connection with the installation and release of material to minimize the opportunity for theft and vandalism. 1.8 PROTECTION OF INSTALLED WORK A. Protection of Installed Work, General: Provide temporary protection for installed products. Control traffic in immediate area to minimize damage. 1. Protect newly fine graded and planted areas with barriers and flags to designate such areas as closed to pedestrian and vehicular traffic. 1.9 REMOVAL OF TEMPORARY BARRIERS AND ENCLOSURES A. Removal of Temporary Barriers and Enclosures: Perimeter Chainlink Fencing is to remain on site and become the property of the City of Newport Beach. Except as explicitly directed by Engineer, leave Perimeter Enclosure in place. Unless otherwise mutually agreed by Construction Manager and Contractor, remove temporary materials, equipment, services, and construction prior to Contract Completion review. Coordinate removal with requirements specified in Section 01 5100 Temporary Utilities, Section 01 5200- Construction Facilities, Section 01 5500- Vehicular Access and Parking and Section 01 5600 Temporary Barriers and Enclosures. B, Cleaning and Repairs: Clean and repair damage, soiling and marring caused by installation or use of temporary barriers and enclosures. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION(Not Applicable) END OF SECTION 015600 - -4--- August 19, 2013 Temporary Barriers and Enclosures MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION SECTION 01 5623 SECURITY MEASURES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1,2 SUMMARY A. Work site security. B. Securitylpass requirements, including pass -type identification badges. C. Fire protection during construction. 1.3 RELATED SECTIONS A. Section 01 1100 - Summary of the Work: Contractor's use of site and premises. B. Section 01 5200 - Construction Facilities: Storage sheds at Work site. C. Section 01 5500- Construction Vehicular Access and Parking: Vehicle access and parking control at Work Areas. D. Section 01 5600 - Temporary Barriers and Enclosures: Requirements for barriers and fences to control access to site 1.4 CODES AND REGULATIONS A. Fire Regulations: Comply with requirements of fire authorities having jurisdiction, including California Fire Code {CFC} Article 87 during performance of the Work. B. Safety Regulations: Contractor shall be solely responsible for jobsite safety. Minimum requirements shall include the following. 1. Comply with requirements of all applicable Federal, State and local safety rules and regulations. 2. Comply with requirements in printed handbook provided under separate cover by Construction Manager, C. Barricades and Barriers: Provide substantial barriers, guardrails and enclosures to secure and control access to Work areas. See Section 01 5600- Temporary Barriers and Enclosures for specific requirements. 1.5 WORK SITE SECURITY A. Security Responsibility: Security of the Work site, including various locations within existing facilities, shall be solely the Contractor's responsibility until completion of the Work. B. Contractor's Security Program: August 19, 2013 01 5623 - 1 Security Measures MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 1. Contractor shall protect Work site, including existing premises and City's operations, from theft, vandalism and unauthorized entry. Contractor shall be responsible for restoration and replacement of loss or damage to property at no change in Contract Sum and Contract Time. a. Damaged and deteriorated products shall not be incorporated into the Work. b. Damaged and deteriorated products shalt be immediately removed from the site. c. Damage to completed Work and to existing facilities shall be immediately corrected. 2. Contractor shall initiate and maintain program in coordination with City police and fire authorities. Program shall commence upon site mobilization_ 3. Termination of or reduction in security program as Work is completed may occur only with approval of Construction Manager. 4. Contractor shall provide enclosures and sheds to protect materials and equipment from damage, theft and misuse at no change in Contract Sum and Contract Time. Refer to Section 01 5200 - Construction Facilities and insurance requirements in General Conditions of the Contract 5. Project Inspector's Access: Provide the Project Inspector with keys necessary to gain access to locked areas of the Work. Project Inspector will be responsible for such keys and will return them to the Contractor at acceptance of the project or area is complete. C. Work Site Entry Control: 1. Contractor shall restrict entry of unauthorized persons and vehicles to Work site and existing facilities. Comply with requirements specified in Section 01 5500- Vehicular Access and Parking Control, 2. Contractor shall permit and accommodate site access by Construction Manager, City's staff, inspectors and construction personnel performing concurrent work for City. 3. Coordinate Work site entry control with requirements specified in Section 01 5500— Construction Vehicular Access and Parking, including restrictions on obstructing roadways and walkways. D. Supplements to Site Security: City, at City's expense, may supplement construction site security. 1.6 PERMANENT KEYS CONTROL A. Permanent Keys Control: Immediately upon receipt of permanent keys for whatever purpose {finish hardware, mechanical equipment, casework, dispensers, lockers, switches, equipment items, etc.}, tag or otherwise clearly identify keys according to one approved system and turn them over to the Construction Manager prior to any opportunity of access to keys by parties other than those authorized by City. 1.7 FIRE PROTECTION A, Fire Protection Responsibility: Protection of Project from fire shall be solely Contractor's responsibility. 6, Fire Protection Provisions, General: Maintain, at a minimum, the Work in conditions to minimize fire hazards and provide adequate fire protection devices, such as suitable fire extinguishers, blankets, warning signs and storage containers_ 1. Store combustible materials in containers in fire -safe locations- 2- Maintain unobstructed access to fire extinguishers, fire hydrants, temporary fire protection facilities, stairways and other access routes for fighting fires. Prohibit smoking in hazardous fire exposure areas. 3. Provide supervision of welding operations, combustion type temporary heating units, and similar sources of fire ignition. 01 5623-2 August 19, 2013 Security Measures MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION C. Special Fire Protection Provisions: During hazardous construction activities, maintain adequate fire protection devices immediately available for use at the location of such activities. D. Fire Protection Equipment Until fire protection is provided by permanent fire protection systems and equipment, install and maintain temporary fire protection equipment as necessary to protect against ignition and spread of fires. Comply with NFPA 10 "Standard for Portable Extinguishers" and NFPA 241 "Standard for Safeguarding Construction, Alteration and Demolition Operations." E. Fire Extinguishers for Protection During Construction: Comply with NFPA 10 and 241 for classification, extinguishing agent and size required by location and class of fire exposure. 1 Provide hand carried, portable UL -rated, Class "A" fire extinguishers for temporary offices and similar spaces. 2. In other locations, provide hand -carried, portable, UL -rated, Class "ABC" dry chemical extinguishers, or a combination of extinguishers of NFPA recommended classes for the exposures. F. Installation of Fire Extinguishers for Protection During Construction: Locate fire extinguishers in field offices, storage sheds, tool houses, other temporary buildings and throughout the Work site. Comply with directions of Fire Marshal having jurisdiction. 1. Locate fire extinguishers no greater than 100 feet travel distance apart. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION _-__ August 19, 2013 01 5623 ___- 3... Security Measures MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 01 5623 - 4 - August 19, 2013 Security Measures MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION SECTION 01 5700 TEMPORARY CONTROLS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Protection of existing conditions, including video record of existing conditions. B. Life safety and fire protection. C. Security_ D. Protection of installed Work. 1.3 RELATED SECTIONS A. Section 01 1100 - Summary of the Work: Contractor's use of site and premises. B_ Section 01 5200- Construction Facilities: Field offices and sheds. C. Section 01 5400- Construction Aids: Temporary lifts and hoists; temporary stairs and scaffolding. D. Section 01 5500- Vehicular Access and Parking: Vehicle access and parking control at Work areas. E. Section 01 5600- Temporary Barriers and Enclosures: Requirements for dust and debris barriers. F. Section 01 5623 - Security Measures: Work site security, including fire protection. G_ Section 01 5731- Temporary Control of Noise and Acoustics: Control of noise from construction activities. H. Section 01 5723 —Temporary Control of Storm Water and Erosion: Prevention of discharge of pollutants from the construction site into receiving waters. L Section 01 7419- Construction & Demolition (C&D) Waste Management Control of construction and demolition waste. 1.4 CODES AND REGULATIONS A. Fire Regulations: Comply with requirements of fire authorities having jurisdiction, including California Fire Code (CFC) Article 87 during performance of the Work. B. Safety Regulations: Contractor shall be solely responsible for jobsite safety. Minimum requirements shall include the following. August 19, 2013 015700-1 Temporary Controls MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 1. Comply with requirements of all applicable Federal, State and local safety rules and regulations. 2 Comply with requirements in handbook provided under separate cover by Construction Manager. C. Barricades and Barriers: As required by authorities having jurisdiction, provide substantial barriers, guardrails and enclosures around Work areas and adjacent to embankments and excavations for protection of workers and the public. See Section 01 5600 - Temporary Barriers and Controls for additional requirements. 1.5 PROTECTION OF EXISTING CONDITIONS A. Protection of Adjacent Facilities: Contractor shall restrict Work to limits indicated on the Drawings and as specified in Section 01 1100- Summary of the Work. Protect existing, adjacent facilities from damage, including soiling and debris accumulation. B. Video Record of Existing Conditions: Contractor shall produce video record of all existing conditions within and adjacent to Project area. 1. Video record shall made in digital format with sound to record comments to identify locations and describe conditions. 2 Construction Manager will accompany Contractor during recording of existing conditions but will not direct recording process. 3. Video shall record state of existing features, including but not limited to: a. Paving, b. Landscaping. c_ Building surfaces. d. Utilities. e. Lighting standards, fencing, signage and other site appurtenances. 4. Contractor shall retain one copy and deliver one copy of video record to Construction Manager. 5. Video record shall be used to verify restoration of existing conditions after completion of construction activities. 6. Existing feature not recorded shall be restored as directed by Construction Manager, including reconstruction and refinishing as determined necessary by Construction Manager. A. Fire Protection Responsibility: Protection of Project from fire shall be solely Contractor's responsibility. B, Fire Protection Provisions, General: Maintain, at a minimum, the Work in conditions to minimize fire hazards and provide adequate fire protection devices, such as suitable fire extinguishers, blankets, warning signs and storage containers. 1. Store combustible materials in containers in fire -safe locations. 2. Maintain unobstructed access to fire extinguishers, fire hydrants, temporary fire protection facilities, stairways and other access routes for fighting fires. Prohibit smoking in hazardous fire exposure areas_ 3. Provide supervision of welding operations, combustion type temporary heating units, and similar sources of fire ignition. C. Special Fire Protection Provisions: During hazardous construction activities, maintain adequate fire protection devices immediately available for use at the location of such activities. 01 5700 - 2 August 19, 2013 Temporary Controls MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION D. Fire Protection Equipment: Until fire protection is provided by permanent fire protection systems and equipment, install and maintain temporary fire protection equipment as necessary to protect against ignition and spread of fires. Comply with NFPA 10 "Standard for Portable Extinguishers" and NFPA 241 "Standard for Safeguarding Construction, Alteration and Demolition Operations." E. Fire Extinguishers for Protection During Construction: Comply with NFPA 10 and 241 for classification, extinguishing agent and size required by location and class of fire exposure. 1. Provide hand carried, portable UL -rated, Class "A" fire extinguishers for temporary offices and similar spaces. 2. In other locations, provide hand -carried, portable, UL -rated, Class "ABC" dry chemical extinguishers, or a combination of extinguishers of NFPA recommended classes for the exposures. F. Installation of Fire Extinguishers for Protection During Construction: Locate fire extinguishers in field offices, storage sheds, tool houses, other temporary buildings and throughout the Work site. Comply with directions of Fire Marshal having jurisdiction. 1. Locate fire extinguishers no greater than 100 feet travel distance apart. 1.7 SECURITY A. Security Responsibility: Security of the Project area shall be solely the Contractor's responsibility until completion of the Work. B. Security Provisions, General: Provide security program and facilities to protect Work from unauthorized entry, vandalism, and theft. C. Guard Service: At Contractor's discretion, employ guards to protect the site after working hours. 1.8 EROSION AND SEDIMENTATION CONTROL A. Pavement Clearing and Cleaning: Keep site accessways, parking areas and building access and exit facilities clear of mud, 1. Remove mud, soil and debris and dispose in a manner which will not be injurious to persons, property, plant materials and site. 2. Comply with runoff control requirements specified in Section 01 5723 —Temporary Control of Storm Water and Erosion. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION August 19, 2013 01 5700-3 Temporary Controls MARINA PARK ` PACK8GE1 ! DEMOLITION AND TREE RELOCATION 015700 -4 August 19'ZV1�3 Temporary Controls � MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 01 5723 TEMPORARY CONTROL OF STORMWATER AND EROSION PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Implementation and monitoring of Storm Water Pollution Prevention Plan (SWPPP) for the purpose of preventing the discharge of pollutants from the construction site into the receiving waters. This includes the elimination of pollution discharges such as improper dumping, spills or leakage from storage tanks or transfer areas. B. Certification that the construction project has met all of the conditions of the General Construction Activity Storm Water Permit (GCASP). 1.3 RELATED SECTIONS A. Section 01 3500 — Special Procedures B. Section 01 3543 — Environmental Management. 1.4 REFERENCES A. California Storm Water Best Management Practice Handbook for Construction Activity (BMP Handbook). PART2-PRODUCTS 2.1 MATERIALS A. Use materials of a class, grade and type needed to meet the performance described in the BMP Handbook, PART 3 - EXECUTION A. Erosion and Sedimentation Control, General: In order to prevent erosion, ensure that sediment laden water does not enter drainage systems and to provide runoff controls to prevent siltation on site and on adjacent properties, a project -specific Storm Water Pollution Protection Plan (SWPPP) will be prepared. Contractor shall comply with requirements of the SWPPP. B. Storm Water Pollution Protection Plan (SWPPP): 1. Construction Manager through the Civil Engineer will prepare a Notice of Intent (NOI) for submission to the California Regional Water Quality Control Board (CRWQCB) in compliance with the State General Construction Activity Storm Water Permit (Storm Water Permit). 2. City's Civil Engineer will prepare and submit to Authority Having Jurisdiction (AHJ) a Storm Water Pollution Protection Plan (SWPPP). The SWPPP will comply with California Storm Water Best Management Practice Handbook for Construction Activity (BMP Handbook). Current Edition. and as specified below, August 19, 2013 01 5723-1 Temporary Control of Stormwater and Erosion MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 3. Engineer will secure approval and permits from Authority Having Jurisdiction (AHJ). a. Costs of planchecks, permits and inspections will be paid by Owner. b. Implementation of SWPPP by Contractor shall be included in Contract Time and Contract Sum. 4. Erosion and sedimentation control provisions shall meet or exceed minimum requirements of Authority Having Jurisdiction (AHJ) and California State Water Resources Control Board (SWRCB). When provisions are indicated on Drawings, they are minimum requirements. See Civil Drawings for additional requirements and details. 5. Erosion and sedimentation control provisions shall be developed and implemented prior to commencing site clearing, grading, backfilling and compacting or other construction activities which will expose soil to erosion and potential for sediment -laden runoff. The SWPPP will also include provisions for monitoring and sampling of sediment and storm water constituents during storm events, as required in the Construction Permit. C. Contractor's Responsibilities under the Storm Water Pollution Protection Plan (SWPPP): 1. Contractor shall implement and maintain erosion and sedimentation control provisions of the SWPPP, including amendments as directed to reflect actual construction practices. As construction progresses and seasonal conditions dictate, more erosion and sedimentation controls may be required. If so, Contractor shall provide additional provisions over and above minimum requirements as necessary - 2 The Contractor is hereby notified that specific construction practices in Section 7, "Responsibilities of the Contractor," of the Standard Specifications for Public Works Construction ("Green Book"), are considered to be Best Management Practices. Applicable construction practices in the Standard Specifications will be incorporated into the SWPPP. 3. It is the requirement of the State General Construction Activity Storm Water Permit that the SWPPP include a maintenance schedule for Best Management Practices (BMPs) installed during construction designed to reduce or eliminate pollutants after construction is completed (post construction BMPs). 4. The SWPPP document shall not be construed to be a waiver of the Contractor's obligation to review and understand the State General Construction Activity Storm Water Permit before submitting a bid. By submitting a bid, the Contractor acknowledges that he has read and understands the requirements of the State General Construction Activity Storm Water Permit. 5. Erosion control according to the SWPPP may include but not be limited to dikes, basins, ditches, gravel bags, sand bags, silt fence, inlet fitter fabric, and application of approved straw and seed which might become necessary as a result of operations. Contractor shalt maintain previously installed erosion control facilities. 5. Dewatering according to the SWPPP may include but not be limited to pumping water and desilting waters after each storm event. 6. As permanent storm water drainage systems and landscaping are completed, and with approval of Authority Having Jurisdiction (AHJ), Contractor shall remove all runoff control and measures in preparation for Substantial Completion review, unless otherwise directed by the Construction Manager. 7. Implementation, maintenance, replacement and additions to erosion and sedimentation control provisions shall continue until Substantial Completion review is completed for landscaping, or sooner if approved by Authority Having Jurisdiction (AHJ). & All fines and costs for remedial work related to Contractor's failure to comply with SWPPP and to maintain erosion and sedimentation controls shall be reimbursed by Contractor to Owner by deductive Change Order. 9. A copy of the SWPPP shall be available at the construction site at all times. The NOI, SWPPP forms, and the Storm Water Permit (which can be downloaded from the following website: http://www.swrcb.ca.goWstormvAr/ronstruction.htmi). D. Runoff Control: Surface runoff and other waters may be encountered at various times during construction_ Contractor, by signing the Agreement, acknowledges that risks arising from 01 5723 - 2 August 19, 2013 Temporary Control of Stormwater and Erosion MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION surface runoff and other waters have been investigated and considered, and Contract Sum and Contract Time include all costs associated with runoff control. 1. It shall be responsibility of Contractor to protect Work from detrimental effects of all waters encountered. 2. It shall be responsibility of Contractor to protect Work from detrimental effects of runoff. 3. Should damage to the Work due to surface or other water occur prior to acceptance of the Work by the Owner, Contractor shall repair or replace Work at no change in Contract Time or Contract Sum. E. Drainage: Grade site and other Work areas to drain and protect Work areas from erosion and damage from accumulated water (pending and flooding). 1. Provide temporary drainage ditches and diversion measures as necessary to protect construction. 2. Provide erosion control measures as necessary and as required by Authority Having Jurisdiction (AHJ). Comply with local water quality control requirements, as applicable. 3. Due to the site's ever-changing condition during construction, erosion protection shall be achieved by implementing Best Management Practices (BMPs). De -Watering: This site is subject to tidal fluctuations, as a part of this contract, Contractor shall maintain excavations free of water. Provide and operate pumping equipment as necessary. 1_ Removal of contaminated water from excavations, dewatering of contaminated groundwater and discharging of contaminated soils via surface erosion is prohibited. 2. Dewatering of non -contaminated groundwater shall be performed only after Contractor obtains a National Pollutant Discharge Elimination System Permit from the State or Regional Water Quality Control Board having authority. Costs of such permit shall be included in the Contract Sum. O. Water Pollution Control (NPDES Compliance): Contractor shall comply with California Stormwater Best Management Practice Construction (BMP) Handbook available for free at http:11www.cabmphandbooks, corn. 1. Contractor shall implement and maintain all appropriate BMPs necessary or as required by Authority Having Jurisdiction (AHJ) to eliminate illicit discharges, prevent potential illicit discharges, and prevent debrisidirUtrash, etc, from entering drainage systems_ 2. Drainage inlets and/or catch basins within the construction work area and immediately adjacent to the work area shall be protected at all times with appropriate BMPs to prevent debris/dirt1trash, etc from entering said devices. 3. Do not discharge any water into the storm drain system, gutter, street, creek or to any other area which ultimately may allow the water to migrate to the storm drain system. Comply with Section 7-8 "Project Site Maintenance" of the Standard Specifications for Public Works Construction. 4. In addition, listed below are BMPs related to common construction activities that shall be utilized: a. Concrete and Mortar Products: 1) The Contractor shall prevent the discharge of pollutants into storm water or storm water systems from concrete waste by conducting washouts at appropriate off-site locations, performing on-site washouts in a designated area, and providing appropriate training for employees and subcontractors. 2) The Contractor shall store and mix dry and wet materials either off-site or under cover, away from drainage areas. 3) for washout of concrete trucks, the Contractor shall provide appropriate on-site locations or designated contained areas at least 50 feet away from storm drains, open ditches, streets, or streams. 4) The Contractor shall prevent run-off from designated washout areas by constructing a temporary pit or bermed area large enough to handle all produced liquid and solid waste. When concrete sets, break up and dispose of concrete in August 19, 2013 01 5723-3 Temporary Control of Stormwater and Erosion MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION construction fills per direction of the soils engineer or dispose of it as solid waste and/or recycle. 5) The Contractor shall inform concrete suppliers and subcontractors of the designated washout locations and disposal sites for concrete and mortar products and shall be responsible for ensuring that all workers use it appropriately. b. Asphalt and Bituminous Products: The Contractor shall prevent the discharge of pollutants from asphalt and bituminous operations by preventing run-on and run-off of water during paving operations and providing appropriate training for employees and subcontractors, to addition, the Contractor shall: 1) Avoid prime or tack coating during wet weather. 2) Store materials away from drainage courses. 3) Cover catch basins and manholes when applying seal coat, tack coat, slurry seal, fog seal, etc. 4) Make sure sand or gravel placed over new asphalt does not wash into storm drains, streets, or creeks. 5) Dispose of old asphalt properly and collect and remove all broken asphalt from the site and recycle whenever possible. 6) Not dispose of asphalt products into waterways. 7) Follow the storm water permitting requirements for industrial activities if paving involves an on-site mixing plant. c. Construction Water: The Contractor shall eliminate excessive construction water that may cause erosion and carry pollutants from the site. In addition, the Contractor shall: 1) Use construction water conservatively. 2) Whenever possible, dispose of excess water on-site by allowing it to soak into the ground. d. Sawcutting Water Runoff: Sawcutting water runoff contains pollutants that must be contained and disposed of properly. The Contractor shall: 1) Prevent sawcut water runoff from entering catch basins, manholes, and storm drains. 2) Direct water into a temporary pit and dispose of the water by vacuuming the water into a truck and removing the water from the site. 3) Place drip pans or absorbent materials under sawcutting equipment when not in use. 4) Clean up spills with absorbent materials rather than burying. Dispose of absorbent material properly. e. Housekeeping/Cleanup: The Contractor shall prevent pollution of storm water from clean-up and disposal operations by using good housekeeping methods. 1) When fluids or dry materials spill, clean-up should be immediate, thorough, and routine. The Contractor shall never attempt to "wash them away' with water or bury them. 2) The Contractor shall report significant spills to the appropriate spill response agencies immediately. 3) The Contractor shall recognize that different types of materials have different disposal requirements and follow appropriate practices. 4) The Contractor shall confine non -hazardous debris to dumpsters, covered at night or during wet weather, and take the debris to a landfill for recycling or disposal. 5) The Contractor shall handle hazardous debris in accordance with specific laws and regulations and dispose of them properly. A separate permit may be required. Common hazardous debris found on construction sites are: Liquid residues from paints, thinners, solvents, glues, and cleaning fluids; leaching agents from lumber such as formaldehyde, arsenic, copper, creosote, and chromium; motor oil; gear oil; antifreeze fluids; brake fluids; etc.; and unused pesticides. 015723-4 August 13, 2013 Temporary Control of Stormwater and Erosion MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION f. Sanitary Waste Management: The Contractor shall prevent the discharge of sanitary waste into storm water systems by providing convenient, properly located, well-maintained facilities. 1) The Contractor shall hire a licensed portable sanitary facility leasing company, which will clean the facilities regularly and keep them in good working order. 2) The Contractor shall make sure that portable sanitary facilities are located on relatively level ground away from traffic areas, drainage courses, storm drain courses, and storm drain inlets and install protective BMPs where appropriate. 3) The Contractor shall regularly inspect the facilities for any leaks, and have defective units replaced. g. Vehicle and Equipment Management: 1) The Contractor shall use and maintain construction vehicles and equipment in a manner that prevents leaks and spills of fluids, contains wash waters, and controls off-site tracking. a) The Contractor shall not allow leaking vehicles and equipment on-site and shall inspect equipment and vehicles frequently for leaks and repair them immediately. b) The Contractor shall clean up spills and leaks promptly with absorbent materials, and shall not flush said spills with water. 2) The Contractor shall fuel, maintain, and repair vehicles and equipment off-site whenever possible, and on-site only in designated areas. The Contractor shall prevent run-on and run-off from designated areas and provide cover as well as containment devices as necessary_ 3) The Contractor shall wash vehicles and equipment on-site in designated, contained areas, allowing wash waters to infiltrate into the ground. The Contractor shall use phosphate -free, biodegradable soaps, and limit steam cleaning to confined areas only. 4) When not in use, the Contractor shall store equipment and vehicles in designated, contained areas and place drip pans and absorbent material under stored equipment that is prone to leaking and dripping (e.g., paving equipment}. 5) If the Contractor must drain and replace motor oil, radiator coolant, or other fluids on-site, use drip pans or drop cloths to catch drips and spills and have appropriate spill containment devices in place. a) The Contractor shall collect all spent fluids, store in separate containers, and recycle whenever possible. b) Note: For recycling purposes, such liquids must not be mixed with other fluids. Non -recycled fluids generally must be disposed of as hazardous waste. h. Surface and Subsurface Water Control: 1) The Contractor shall prevent the discharge of pollutants into storm water or storm water systems as a result of surface and subsurface water control operations by using the following methods: 2) For surface water control operations where the flow is routed to bypass the construction area, establish stable (erosion resistant) conveyance routes for the diverted flow. Trap any significant sediment (e.g., mud) generated by the rerouted flow in a sediment trap, filtering berm, or basin or other approved BMP. 3) In subsurface pumping or other subsurface water control operations where significant amounts of sediment (e.g., mud ) are present in the removed water, capture the sediment in a sediment trap, filtering berm, or basin or other approved BMP. 4) If a sediment trap or basin is required for the surface or subsurface water control operations, the facility should be designed such that the sediment is settled or trapped in the facility prior to discharging of the water. 5) In areas suspected of groundwater pollution, sample the groundwater near the excavation/pumping site and have the water tested for known or suspected pollutants at a certified laboratory. August 19, 2013 01 5723-5 Temporary Control of Stormwater and Erosion MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 6) Any proposed discharge of groundwater may be subject to requirements of the Regional Water Quality Control Board. 3.2 IMPLEMENTATION OF SWPPP A, Implementation of SWPPP: 1_ Install perimeter controls prior to starting other construction work at the site. 2. Contain on-site storm water at the jobsite. Do not drain on-site water directly into the storm drain. 3. Designate trained personnel for the proper implementation of the SWPPP. 4. Revise SWPPP to suit changing site conditions and also when properly installed systems are ineffective. B, Termination of SWPPP: At the end of Construction Contract: 1. Leave in place storm water pollution prevention controls needed for post -construction storm water management and remove those that are not needed as determined by Construction Manager. Thereafter, left -in-place controls will be maintained by the City, 2. Provide Site Monitoring Reports, SWPPP revisions, Compliance Certifications and related documents to Construction Manager- Post -construction storm water operation and management plan as mentioned in the compliance certifications are considered to be in place at the end of the Construction Contract. C. Monitoring: Conduct examination of storm water pollution prevention controls monthly, as well as before and after each storm and each 24-hour period during extended storm events. Prepare and maintain, at the jobsite, a log of each inspection using Site Monitoring Report forms. D, Liabilities and Penalties: Review of the SWPPP and inspection Jog by Construction Manager and City's Civil Engineer shall not relieve the Contractor from liabilities arising from non- compliance of storm water pollution regulations. 1, Payment of penalties for non-compliance by the Contractor shall be the sole responsibility of the Contractor and will not be reimbursed by the City. E. Clean Water Act: Compliance of the Clean Water Act pertaining to construction activity is the sole responsibility of the Contractor. Any fine(s) levied against the City due to non-compliance by the Contractor, the City will deduct from the final payment due the Contractor the total amount of the fine(s) levied on the City, plus legal and associated costs. 3.3 CHANGE OF INFORMATION A. Changes in SWPPP: Submit to the Construction Manager a completed NOI for change of information (Construction Site Information and Material Handling/Management Practices). END OF SECTION 015723-6 August 19, 2013 Temporary Control of Stormwater and Erosion MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION SECTION 01 5731 TEMPORARY CONTROL OF NOISE AND ACOUSTICS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Special requirements for noise and acoustics management during demolition. 1.3 RELATED SECTIONS A. Section 01 4500 - Quality Control: Meetings and project coordination related to quality control. 1.4 DEFINITIONS A. Ambient noise level: The total noise associated with a given environment, being usually a composite of normal or existing sounds from all sources near and far, excluding the noise source at issue. B. Daytime: The hours from 7:30 a.m. to 4:30 p.m, on weekdays and 8 a.m. to 6 p.m. on Saturdays. Weekdays may be extended to 6:30 with advance approval by Engineer. C. Nighttime: All non -daytime hours. D. Property line: The real or imaginary line along the ground surface and its vertical extension, which separates real property owned or controlled by one person from contiguous real property owned or controlled by another person or from any public right-of-way or from any public space. E. Receiving noise area: Any real property where people live or work and where noise is heard, excluding the projector source area. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 NOISE MANAGEMENT A. Noise Control: Perform demolition construction operations to minimize noise. Perform noise - producing work in less sensitive hours of the day or week as directed by Construction Manager. B. Repetitive and/or intermittent, high-level noise: Permitted only during Daytime. 1. Do not exceed the following dB limitations: Sound Level in dB Time Duration of Impact Noise 70 More than 12 minutes in any hour 80 More than 3 minutes in any hour 2. Provide equipment, sound -deadening devices, and take noise abatement measures that necessary for compliance. August 19, 2013 01 5731-1 Temporary Control of Noise and Acoustics MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 3. Maximum permissible construction equipment noise levels at 50 feet (dB): EARTHMOVING dB MATERIALS HANDLING dB Front Loaders 75 Concrete Mixers 75 Backhoes 75 Concrete Pumps 75 Dozers 75 Cranes 75 Tractors 75 Derricks Impact 75 Scrapers 80 Pile Drivers 95 Graders 75 .tack Hammers 75 Trucks 75 Rock Drills 80 Pavers, Stationary 80 Pneumatic Tools 80 Pumps 75 Saws 75 Generators 75 Vibrators 75 Compressors 75 C. Ambient Noise: 1. Maximum noise levels (dB) for receiving noise area at property line shall be as follows: a. Residential receiving area Daytime: 65 dB Nighttime: 60 dB b. Commercial/industrial receiving area Daytime: 67 dB Nighttime: 65 dB 2. In the event the existing local ambient noise levet exceeds the maximum allowable noise level (dB), the receiving noise levet maximum for construction operations adjusted as follows: a. Residential receiving area: Maximum 3 additional dB above the local ambient as at property line. b. Commercial/Industrial receiving area: Maximum 5 additional dB above the local measured at the property line. 3.2 FIELD QUALITY CONTROL A. Assess potential effects of construction noise on adjacent neighbors in accordance with ASTM E 1686 and as follows: 1. Ambient noise measurement: Measure at the property line at a height of at least four feet above the immediate surrounding surface. Average the ambient noise level over a period of at least 15 minutes. 2 Ambient noise measurement at urban sites: Conduct during morning peak traffic hour between 7 a.m. and 9 a.m. and afternoon peak traffic hour between 4 p.m. and 6 p.m. In addition, conduct a 24-hour measurement at the proposed project site to document the noise pattern throughout the day. Adjust and weight for seasonal and climatic variations. B, Monitor noise produced from construction operations in accordance with ASTM E 1780. END OF SECTION 01 5731 -2 August 19, 2013 Temporary Control of Noise and Acoustics MARINA PARK PACKAGEI SITE DEMOLITION AND TREE RELOCATION SECTION 01 7123 SURVEY AND LAYOUT DATA PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. A. Administrative requirements for survey and layout data submittals. 1.3 RELATED SECTIONS A. Section 01 450- Quality Control: Test and inspection reports. B. Section 01 7700 - Contract Closeout Procedures: Submittals for Acceptance and Final Payment. 1.4 LAYOUT OF THE WORK A. Responsibility for Layout of the Work: Contractor shall be solely responsible for complete, timely and accurate layout of the Work including, but not necessarily limited to, horizontal and vertical control and dimensional coordination as necessary to perform the Work in accordance with the Contract Documents. 1. Employ a Land Surveyor or a Civil Engineer, acceptable to Construction Manager, registered in the State of California, to perform survey work. 2. Employ a Professional Engineer of the discipline required for specific service on the project and licensed in the State of California where required in the specifications in Divisions 1 through 32. B. Survey Reference Points: Existing basic horizontal and vertical control points are shown on the Contract Documents or location of control points will be furnished by the City through Construction Manager. 1. Locate and protect control points prior to starting site work, and preserve all permanent reference points during construction. 2. Make no changes or relocations without prior written notice to City through Construction Manager. 3. Report to Construction Manager should reference point be lost or destroyed. 4. Require a surveyor to replace project control points which may be lost or destroyed. Establish replacements based on original survey control, 1.5 LAYOUT RECORD SUBMITTALS A. Land Surveyor: Submit name, address and telephone number of land surveyor before starting survey work. B. Survey Logs: On request, submit copies of field documents verifying accuracy of survey Work. C. Submittal: Submit a copy of registered site drawing and certificate signed by the land surveyor that the elevations and locations of the Work are in conformance with Contract Documents. 1.6 SURVEY RECORD DOCUMENTS August 19, 2013 01 7123-1 Survey and Layout Data MARINA PARK PACKAGE1 SITE DEMOLITION AND TREE RELOCATION A. Survey Record Documents: Maintain a complete and accurate log of control and survey work as Work progresses. Submit survey record documents as specified in Section 01770 - Contract Closeout Procedures. 1.7 CONTRACTOR'S REVIEW A. Scope of Contractor's Review: Survey and layout data shall be reviewed by Contractor prior to submission for City's review or filing. Contractor shall sign each submittal copy certifying that: 1. Field measurements have been determined and verified. 2. Field construction criteria have been verified. 3. Conformance with Drawings and Specifications requirements is confirmed. B. Contractor's Review Action: Indicate clearly on survey and layout data whether the dimensions and coordinates are in compliance with Contract requirements. Contractor shall note clearly and sign each submittal certifying that reported data "Conforms" or "Does Not Conform". C. Changes and Deviations: Identify all deviations from requirements of Drawings and Specifications. Changes in the Work shall not be authorized by submittals review actions. No review action, implicit or explicit, shall be interpreted to authorized changes in the Work. Changes shall only be authorized by separate written Change Order or Field Instruction, in accordance with the General Conditions of the Contract 1.8 REVIEWS BY CONSTRUCTION MANAGER AND ARCHITECT A. Reviews by Construction Manager and Architect, General: Reviews of survey and layout data by Construction Manager and Architect, or other responsible design professional, shall be only for general conformance with the design concept and requirements based on the information presented. Neither Architect nor other responsible design professional shall verify submitted survey and layout data. B. Contract Requirements: Reviews by Construction Manager, Architect or other responsible design professional shall not relieve the Contractor from compliance with requirements of the Drawings and Specifications. Changes shall only be authorized by separate written Change Order or Field Instruction, in accordance with the General Conditions of the Contract PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION(Not Applicable) END OF SECTION 617123-2 August 19, 2013 Survey and Layout Data MARINA PARK PACKAGE'I DEMOLITION AND TREE RELOCATION SECTION 017410 CLEANING REQUIREMENTS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Cleaning during construction. B. Cleaning for Substantial Completion review and final acceptance of the Work. 1.3 RELATED SECTIONS A. Section 01 5200 — Construction Facilities: Cleaning service for site offices of Project Inspector and Testing Laboratory, B. Additional Requirements: Cleaning for specific products or elements of Work are described in individual product Specification Sections in Divisions 2 through 48. 1A SUBMITTALS A. Product List: Submit complete list of all cleaning agents and materials for review and approval by City through Construction Manager. B. Cleaning Procedures: Submit description of cleaning processes, agents and materials to be used for final cleaning of the Work. Processes and degree of cleanliness shall be as directed by Construction Manager. All cleaning processes, agents and materials shall be subject to City's review and approval. 1.5 CLEANING AND DISPOSAL REQUIREMENTS A. Cleaning and Disposal Requirements, General: Conduct cleaning and disposal operations in compliance with all applicable codes, ordinances and regulations, including environmental protection laws, rules and practices. PART 2 -PRODUCTS 2.1 MATERIALS A. Cleaning Agents and Materials: Use only those cleaning agents and materials which will not create hazards to health or property and which will not damage or degrade surfaces. 1. Use only those cleaning agents, materials and methods recommended by manufacturer of the material to be cleaned. 2. Use cleaning materials only on surfaces recommended by cleaning agent manufacturer. 3. Before use, review cleaning agents and materials with Construction Manager for suitability and compatibility. Use no cleaning agents and materials without review and approval of City through Construction Manager. August 19, 2013 017410-1 Cleaning Requirements MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION PART 3 - EXECUTION 3.1 CLEANING DURING CONSTRUCTION A. Garbage Control: Control accumulation of debris, waste materials and rubbish; periodically dispose of debris, waste and rubbish off-site in a legal manner. Comply with requirements specified in Section 01 7419 - Construction Waste Management and Disposal. B. Cleaning, General: Clean sidewalks, driveways and streets frequently to maintain public thoroughfares free of dust, debris and other contaminants. C. Parking Area Cleaning: Keep parking areas clear of construction debris, especially debris hazardous to vehicle tires. D. Thoroughfare Clearing and Cleaning: Keep site accessways, parking areas and building access and exit facilities clear of mud. 1. Remove mud, soil and debris and dispose in a manner which will not be injurious to persons, property, plant materials and site. 2. Comply with runoff control requirements stated above and as required by governing authorities having jurisdiction. E. Cleaning Frequency: At a minimum, clean Work areas daily. Failure to Clean: Should cleaning by Contractor not be sufficient or acceptable to Construction Manager, especially regarding sidewalks, driveways, streets and other public thoroughfares, City may engage cleaning service to perform cleaning and deduct costs for such cleaning from sums owed to Contractor. 3.2 SITE CLEANING FOR FINAL COMPLETION A. Site Cleaning for Final Completion: Broom clean exterior paved surfaces. Rake clean other surfaces of the grounds. 1. Wash down and scrub where necessary all paving soiled as a result of construction activities. Thoroughly remove mortar droppings. paint splatters, stains and adhered soil. 2. Remove from the site all construction waste, unused materials, excess soil and other debris resulting from the Work. 3.3 CLEANING INSPECTION A. Cleaning Inspection: Prior to Final Payment or acceptance by Construction Manager for partial occupancy or beneficial use of the premises, Construction Manager and Contractor shall jointly conduct an inspection of interior and exterior surfaces to verify that entire Work is acceptably clean. B. Inadequate Cleaning: Should final cleaning be inadequate, as determined by Construction Manager, and Contractor fails to correct conditions, City may engage cleaning service under separate contract and deduct cost from Final Payment owed to Contractor. END OF SECTION 01 7410-2 August 19, 2013 Cleaning Requirements MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 01 7419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes: 1. Special requirements for waste management during deconstruction and construction operations. a. Protect the environment, both on-site and off-site, during deconstruction and construction operations. b. Prevent environmental pollution and damage. c. Maximize source reduction, reuse and recycling of solid waste. 2. References throughout this Specification as it relates to the 2010 Green Building Standards Code - Construction Waste Management (CWM) Plan. 1.3 DEFINITIONS A, CWM Plan: Construction Waste Management Plan. B, Definitions pertaining to sustainable development: As defined in ASTM E2114. C. Salvage: Excess materials that cannot be used on the project, nor returned to the vendor, will be offered to the Owner, site workers, or donated to charity, if possible. D. Deconstruction: Disassembly of buildings for the purpose of recovering materials. E. Source -Separated Waste: Jobsite waste that in not commingled but is instead allocated to a debris box designated for a single materials type, such as clean wood or metal - Waste Stream Reduction: Efforts taken by the builder to reduce the amount of waste generated by the project to below four (4) pounds per square foot of building area. 1.4 QUALITY ASSURANCE A. Maximize use of source reduction and recycling procedures. B. Diversion Goal: A minimum 75 percent by weight of total project solid waste to be diverted from the landfill. 1,5 GENERAL REQUIREMENTS A. All Subcontractors shall comply with the project's CWM Plan which will be posted at the jobsite trailer_ B. All subcontractors foreman shall sign the CWM Plan Acknowledgement Form. August 19, 2013 �W 017419-1 Construction Waste Management And Disposal MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION C. Subcontractors who fail to comply with the CWM Plan will be subject to backcharges or withholding of payment, as deemed appropriate. For instance, Subcontractors who contaminate debris boxes that have been designed for a single material type will be subject to back charge or withheld payment, as deemed appropriate. D. This project shall generate the least amount of waste possible by planning and ordering carefully, following proper storage and handling procedures to reduce broken and damaged materials and reusing materials whenever possible. The majority of the waste that is generated on this jobsite will be diverted from the landfill and recycled for other uses. E. Waste prevention and recycling activities will be discussed at the beginning of each subcontractor meeting. As each new subcontractor comes on-site, the CWM Coordinator will present a copy of the CWM Plan identifying what materials require salvaging and related procedures for handling of such debris. All subcontractor foremen will acknowledge in writing that they have read and will abide by the CWM Plan (refer to Table 1 - CWM Acknowledgement Form as noted in Item 1.8 below). F. Table 2 - The CWM Worksheet as identified in Item 1.9 below identifies anticipated waste materials that will be generated on this project, the diversion strategy for each waste type and the anticipated diversion rate. G. A designated Hauling Company will provide a commingled drop box at the jobsite for most of the construction waste. These commingled drop boxes will be taken to a designated Sorting Facility. The average diversion rate for commingled waste will be _%- As site conditions permit, additional drop boxes will be used for particular phases of construction to ensure the highest waste diversion possible. H. In the event that the diversion rate achievable via the strategy described above is projected to be lower than what is required, then a strategy of source -separated waste diversion and/or waste stream reduction shall be implemented. L When using waste stream reduction measures, the gross weight of the product is subtracted from the base weight of four (4) pounds per square foot of building area. This reduction is considered additional diversion and can be used in the waste reduction percentage calculation. J. Hauling Company will track and calculate the quantity in tons of all waste leaving the project and calculate the waste diversion rate for the project. The Hauling Company will provide Project Manager with an updated monthly report on gross weight hauled and the waste diversion rate being achieved on the project. The monthly report will track separately the gross weights and diversion rates for commingled debris and for each source -separated waste stream leaving the project. In the event that the Hauling Company does not service any or all of the debris boxes on the project, the Hauling Company will work with the responsible parties to track the material type and weight in tons in such debris boxes in order to determine waste diversion rates for these materials. K. In the event that subcontractors furnish their own debris boxes as part of their scope, such subcontractors shall not be excluded from complying with the CWM Plan and will provide debris boxes in order to determine waster diversion rates for these materials_ L. In the event that site use constraints such as limited space, restrict the number of debris boxes that can be used for collection of designated waste the project Superintendent will, as deemed appropriate, allocate specific areas on-site where individual material types are to be consolidated. These collection points are not to be contaminated with non -designated types. C1,7419 - 2 August 19, 2013 Construction Waste Management And Disposal MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION M. Debris from jobsite office and meeting rooms will be collected by a designated Disposal Service Company. Disposal Service Company will, at a minimum, recycle office paper, plastic, metal, and cardboard. 1.6 PRE -CONSTRUCTION MEETING A. After award of Contract and prior to the commencement of the Work, schedule and conduct a pre -construction meeting with the Owner, Engineer and Architect to discuss the proposed CWM Pian and to develop a mutual understanding relative to details of environmental protection. 1.7 SUBMITTALS A. CWM Plan: Not less than 10 days before the Pre -construction meeting, prepare and submit a CWM Plan including, but not limited to, the following: 1. List of the recycling facilities, reuse facilities, municipal solid waste landfills and other disposal area(s) to be used. Include the following: a. Name, location, and phone number of facility. b. Copy of permit or license for each facility. 2. Identify materials that cannot be recycled or reused. Provide explanation or justification. 3. Revise and resubmit CWM Plan as required. a. Approval of CWNI Plan will not relieve Contractor of responsibility to comply with applicable environmental regulations. B. Progress Documentation: Document solid waste disposal and diversion. Include the quantity by weight of waste generated; waste diverted through sale, reuse, or recycling; and waste disposed by landfill or incineration. Identify landfills, recycling centers, waste processors, and other organizations that process or receive the solid waste C. Record Submittals: submit the following: 1. Summary of solid waste disposal and diversion. Submit on form noted in Table 2 (see Item #1.9 below). 2. With each Application for Payment, submit updated Documentation for solid waste disposal and diversion. 3. With each Application for Payment, submit manifests, weight tickets, receipts, and invoices specifically identifying the project and waste material. August 19, 2013 017419-3 Construction Waste Management And Disposal MARINA PARK P8CKxGE1 | DEMOLITION AND TREE RELOCATION ` 1�8 TABLE 1'CWMPLAN ACKNOWLEDGEMENT FORM Project Name: Job Number: Project Manager: Waste Hauling Company: 1. The foremen for each subcontractor that comes on-site shall to receive a copy of the CVVMPlan and complete this CVYyWAcknowledgement Form, 2 | have read the CYVYWPlan for the project and | understand the goals uf this plan and agree to follow the roceduresa descnbedintheCW plan (sign table below)- DATE 617419-4 August 19, 2013 Construction Waste Management And Disposal MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 1.9 CWM WORKSHEET Project Name: _ Job Number: Protect Manager: Waste Haulina Comaanv: Solid Waste Material Date Material Disposed/ Diverted Amount Disposed/ Diverted (ton or cubic Yard) Municipal Solid Waste (Name, Address & Phone #) Recycling/ Reuse Facility (Name, Address Phone # Comments (if disposed, State why not diverted Appliances Asphalt — — Cardboard Carpet Concrete Gypsum Dp2all Land i Clearing/Soil Masonry Metals: Ferrous Metals: Nonferrous MixedlCo- min led Waste _ Plastic Roofing: Asphalt -based Roofing: EPDM SalvagedlSurpt us Materials for Reuse Wood: Landclearing Debris Wood: Scrap Lumber Ceiling Tiles Vinyl Composition Tile VCT Trailer (Sold for Reuse as a single unit Other: Signature: _ August 19, 2013 01 7419 - 5 Construction Waste Management And Disposal MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 SOLID WASTE MANAGEMENT A. Develop and implement a waste management program in accordance with ASTM E1609 and as specified herein. B. Collection: Implement a recycling/reuse program that includes separate collection of waste materials of the following types as appropriate to the project waste and to the available recycling and reuse programs in the project area: 1. Land clearing debris. 2. Asphalt. 3. Concrete and Masonry. 4. Metal. a. Ferrous. b. Non -ferrous - 5. Wood, nails and staples allowed. 6. Debris. 7. Glass, colored glass allowed. 8. Paper. a. Bond. b. Newsprint. C. Cardboard and paper packaging materials. 9. Plastic. If construction includes deconstruction and reclamation of plastic construction products, it may be necessary to sort plastics according to ASTM D1972 designations. a. Type 1: Polyethylene Terephthalate (PET, PETE). b. Type 2: High Density Polyethylene (HDPE). G. Type 3: Vinyl (Polyvinyl Chloride or PVC). d. Type 4: Low Density Polyethylene (LDPE). e_ Type 5: Polypropylene (PP)_ f_ Type 6: Polystyrene (PS) - g. Type 7: Other. Use of this code indicates that the package in question is made with a resin other than the six listed above, or is made of more than one resin listed above, and used in a multi -layer combination. 10. Gypsum. 11. Non -hazardous paint and paint cans. 12. Flooring. a. Carpet. b. Resilient Flooring. 13. Insulation. 14. Ceiling Tiles 15. Others as appropriate. List centers that accept material identified above for recycling/reuse. The following are examples. C. Recycling/Reuse: Maximize recycling and reuse of materials. 1. Recycling/Reuse on project site: As indicated on Drawings. 2. Recycling/Reuse off project site: The following is a partial list for Contractor's information only. For more information, contact the State Department of Environmental Quality and the local Integrated Solid Waste Management Office. (51-7419-6 August 19, 2013 Construction Waste Management And Disposal MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION a. Habitat for Humanity, a non-profit housing organization that rehabilitates and builds housing for low-income families. Sites requiring donated materials vary. Contact the national hotline (800) HABITAT. b. California Materials Exchange (CAL. -MAX) Program sponsored by the California Integrated Waste Management Board; (916)255-2369. D. Handling: 1. Clean materials that are contaminated prior to placing in collection containers. Deliver materials in accordance with recycling or reuse facility requirements (e.g., free of dirt, adhesives, solvents, petroleum contamination, and other substances deleterious to recycling process). 2. Arrange for collection by or delivery to the appropriate recycling or reuse facility. 3. Hazardous Waste and Hazardous Materials: Handle in accordance with applicable regulations. Coordinate with Section 014100 Regulatory Requirements. END OF SECTION August 19, 2013 017419-7 Construction Waste Management And Disposal MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 017419-8 August 19, 2013 Construction Waste Management And Disposal MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 017700 CONTRACT CLOSEOUT PROCEDURES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Contract closeout procedures. 1.3 RELATED SECTIONS A. Section 01 3300 - Submittals Procedures: General requirements for submittals. B. Section 01 5200 - Construction Facilities: Cleaning and debris removal during construction. C. Section 01 7400- Cleaning Requirements: Cleaning as part of Contract closeout. 1.4 FINAL COMPLETION ACTIONS A. Final Application for Payment: In the Application for Payment that coincides with the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed substantially complete. B. Warranties, Bonds and Certificates: Submit specific warranties, guarantees, workmanship bonds, maintenance agreements, final certifications and similar documents. C. Locks and Keys: Transmit keys to padlocks used at Perimeter Fencing to City, as directed by Engineer. D. Tests and Instructions: Complete start-up testing of systems, and instruction of the City's personnel. Remove temporary facilities from the site, along with construction toots, mock-ups, and similar elements. E. Sustainable Design Submittals: Complete information and upload to LEED Submittal Template. Refer to Section 01 3529 - Sustainable Design Requirements and submittals in individual product Sections in Divisions 2 through 48. 1.5 SUBSTANTIAL COMPLETION REVIEW A. Contractor's Notification for Substantial Completion Review: When Contractor determines that the Work is complete in accordance with the Contract Documents, Contractor shall submit to Construction Manager, Engineer and Project Inspector written certification that the Contract Documents have been reviewed, the Work has been inspected by the Contractor and by authorities having jurisdiction, and the project is ready for Substantial Completion review. B. Preliminary Contract Closeout Review Meeting: As authorized by the Construction Manager, Architect and Architect's consultants and other responsible design professionals, as appropriate, will attend a meeting at the Project site to review Contract closeout procedures and to review the list of items to be completed and corrected (punch list) to make the Work ready for acceptance August 19, 2013 01 7700-1 Contract Closeout Procedures MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION by the Engineer. This meeting shall be scheduled not earlier than 14 days prior to the date anticipated for the Substantial Completion review. C. Correction (Punch) List: Contractor shall prepare and distribute at the preliminary Contract closeout review meeting, a typewritten, comprehensive list of items to be completed and corrected (punch list) to make the Work ready for acceptance by Engineer. 1. The punch list shall include all items to be completed or corrected prior to the Contractor's application for final payment. 2. The punch list shall identify items by location and consecutive number. 3. Landscape Architect, Landscape Architect's consultants and other design professionals under separate contracts with City, if in attendance, shall conduct a brief walk-through of Project with the Contractor to review scope and adequacy of the punch list. 4. Verbal comments will be made to the Contractor by the Architect, Architect's consultants and other design professionals under separate contracts with City, if in attendance, during the walkthrough. These comments will indicate generally the additions and corrections to be made to the punch list. Such comments shall not be considered to be comprehensive; Contractor shall use the comments as guidance in preparing the punch list for the Substantial Completion review. D. Substantial Completion Meeting: On a date mutually agreed by Construction Manager, Engineer and Contractor, a meeting shall be conducted at the Project site to determine whether the Work is satisfactory and complete for filing a Notice of Completion (Substantial Completion). 1. Contractor shall provide three working days notice to Engineer for requested date of Substantial Completion meeting. 2. Engineer, Landscape Architect and consultants of Landscape Architect and City, as authorized by Construction Manager, will attend the Substantial Completion meeting. 3. In addition to conducting a walk-through of the site and reviewing the punch list, the purpose of the meeting shall include submission of warranties, guarantees and bonds to Construction Manager, provision of specified extra materials to City, and submission of other Contract closeout documents and materials as required and if not already submitted. 4. Architect, Architect's consultants, as appropriate, and other design professionals under separate contracts with City, if applicable, will conduct a walk-through of the site with the Contractor and review the punch list. 5. Contractor shall correct the punch list and record additional items as may identified during the walk-through, including notations of corrective actions to be taken. 6. Contractor shall retype the punch list and distribute it within three working days to those attending the meeting. 7. If additional site visits are required by the Landscape Architect, Landscape Architect's consultants and other design professionals under separate contracts with City, to review completion and correction of the Work, the costs of additional visits shall be reimbursed to City by the Contractor by deducting such costs from the Final Payment E. Uncorrected Work: Refer to requirements specified in Section 01 4500 -Quality Control regarding Contract adjustments for non -conforming Work. Clearing and Cleaning: Prior to the Substantial Completion review, Contractor shall conduct a thorough cleaning and clearing of the Project area, including removal of construction facilities and temporary controls. Refer to Section 01 7410 -Cleaning Requirements. G. Inspection and Testing: Prior to the Substantial Completion review, complete inspection and testing required for the Work, including securing of approvals by authorities having jurisdiction. H. Engineer's Certification of Substantial Completion: Engineer will complete and issue to Construction Manager and Contractor a Certificate of Substantial Completion using The 01 7700-2 August 19, 2013 Contract Closeout Procedures MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION American Institute of Architects Form G704 - CERTIFICATE OF SUBSTANTIAL COMPLETION or other form or correspondence as directed by Engineer. Notice of Completion: After City has determined that the Work is complete, a Notice of Completion resolution will be scheduled for City Council approval and, when approved by City Council, shall be promptly recorded by City with County Recorder, A. Final Completion Submittals: Prior to Substantial Completion meeting and submission of final Application for Payment, Contractor shall complete and submit the following. Final payment will not be made by City until all submittals have been made and determined by Engineer, Construction Manager and Architect to be acceptable. B. Agency Document Submittals: Submit to Construction Manager all documents required by authorities having jurisdiction, including serving utilities and other agencies. Submit original versions of all permit cards, with final sign -off by inspectors. Submit all certifications of inspections and tests. C. Final Specifications Submittals: Submit to Construction Manager all documents and products required by Specifications to be submitted, including the following: 1. Project record drawings and specifications. 2. Operating and maintenance data. 3. Guarantees, warranties and bonds. 4. Spare parts and extra stock. 5. Test reports and certificates of compliance. D. Lien and Bonding Company Releases: Submit to City, with copy to Architect, evidence of satisfaction of encumbrances on Project by completion and submission of The American Institute of Architects Forms G706 -CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, G706A - CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS, and (if applicable) G707 - CONSENT OF SURETY, or other form as directed by City. Comply also with other requirements of City, as directed. Signatures shall be notarized. Final Bonding release will not be issued until after the City accepts the Post Relocation Tree Certification. E. Subcontractor List: Submit two copies to City and two copies to Engineer of updated Subcontractor and Materials Supplier List. Warranty Documents: Prepare and submit to City all warranties and bonds as specified in Sections 2 through 48. 1.7 FINAL PAYMENT A. Final Payment: After completion of all items listed for completion and correction, after submission of all documents and products and after final cleaning, submit final Application for Payment, identifying total adjusted Contract Sum, previous payments and sum remaining due. Payment will not be made until the following are accomplished: 1. All Project Record Documents have been transferred and accepted by City. 2. All extra materials and maintenance stock have been transferred and received by City. 3. All warranty documents and operation and maintenance data have been received and accepted by City. 4. All liens have been released or bonded by Contractor. 5. Contractor's surety has consented to Final Payment. 01 7700-3 Contract Closeout Procedures MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 1.8 POST -CONSTRUCTION INSPECTION A. Post -Construction Inspection: In accepting final payment, Contractor shall agree to perform a postconstruction inspection with representatives of City and, if authorized by City, the responsible design professionals, to review performance of the completed Work and to determine what, if any, corrections shall be performed by Contractor in compliance with the Contractor's Warranty, as described in the General Conditions of the Contract. B. Scheduled Date and Time of Past -Construction Inspection: No later than 30 days after the date of Substantial Completion at days and times as directed by City. C. Inspection Activities: 1. Contractor shall inspect„ test and adjust the Work, noting defects and corrective actions to be taken. 2. Contractor shall instruct City's operating personnel in operational requirements needed to maintain correct appearance and function of the facility. D. Post -Construction Inspection Report: Contractor shall prepare and submit to City a typewritten report, comparable to the Correction (Punch) List prepared for Substantial Completion Review, 1. Post -Construction Inspection Report shall identify deficiencies and corrective actions taken. 2. Post -Construction Inspection Report shalt note when corrective actions are unable to restore defects in the Work to compliance with the requirements of the Drawings, Specifications and manufacturer's criteria. E. Correction of Defects: Corrections shall be governed by provisions of the General Provisions of the Contract. 1.9 RELEASE TO MAINTENANCE CONTRACT A. Upon receipt of final payment by contractor, the remaining landscape maintenance will be conducted under a separate Contract. The maintenance period will continue for the entire duration of the maintenance period specified, with payments being made directly to the Maintenance Contractor PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION(Not Applicable) END OF SECTION 01 7700-4 Contract Closeout Procedures August 19, 2013 MARINA PARK PACKAGE1 SITE DEMOLITION AND TREE RELOCATION SECTION 02 4113 DEMOLITION PART1-GENERAL 1,1 SECTION INCLUDES A. Demolition and removal of existing structure(s), including footings and foundations. B. Transfer/Sale of existing trailers for removal as a unit. C. Demolition and removal of existing paving and other site improvements. D. Removal of onsite utilities. E. Disconnection, capping or sealing, and abandoning of site utilities in place. F. Disconnection, capping or sealing, and removing of site utilities. G. Handling and disposal of removed materials_ H. Development of a Waste Management Plan in conformance with Section 017149 Construction Waste Management and Disposal. 1.2 RELATED DOCUMENTS AND SECTIONS A. Document 00 3310 - Hazardous Materials Survey: Existing hazardous materials on site. B, Section 01 3200- Construction Progress Documentation: Coordination of demolition schedule with Construction Progress Schedule. C. Section 01 5600 - Temporary Facilities and Controls: Requirements for barriers, including dust and debris barriers. D, Section 01 7410 - Cleaning Requirements: Progress cleaning requirements, Including disposal of debris. E. Section 03 1110 - Site Clearing: Site clearing and removal of above- and below -grade Improvements. 1.3 DEFINITIONS A. Remove: Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or to remain City's property. B. Remove and Salvage: Items indicated to be removed and salvaged remain the Owner's property. Remove clean. pack or crate items to protect against damage. Identify contents of containers and deliver to City s designated storage area. C. Remove and Reinstall: Remove items indicated; clean, service, and otherwise prepare them for reuse store and protect against damage. Reinstall items in locations indicated. 024113-1 Demolition MARINA PARK PACKAGE 1 SITE DEMOLITION AND TREE RELOCATION D. Existing to Remain: Protect construction indicated to remain against damage and demolition. When permitted by the Construction Manager. items may be removed to a protected storage location during demolition and then cleaned and reinstalled in their original locations. ii�;RW;m A. Reference Specifications {RS} are the 2009 Edition of the "Greenbook", Standard Specifications for Public Works Construction: 1.5 OWNERSHIP OF MATERIALS . A. Ownership of Materials: Except for items or -materials indicated to be reused, salvaged or otherwise indicated to remain the City's property, demolished materials shall become the Contractor's property and shall be removed from the site with further disposition at the Contractor's option. 1.6 SUBMITTALS A, Demolition Procedures: For Project record, submit the following: 1. Proposed dust -control measures. 2. Proposed noise -control measures_ B. Demolition and Removal Procedures and Schedule: Coordinate with construction schedule specified in Section 01 3200 - Construction Progress Documentation. Submit schedule indicating the following: 1. Detailed sequence of demolition and removal work, with starting and ending dates for each activity. 2. Dates for shutoff, capping, and continuation of utility services. C. Salvage Inventory: t List of items to be removed and salvaged. 2. List items to be removed by City_ D. Pre -Demolition Record: Produce photographs or videotape, sufficiently detailed, of conditions of adjoining construction and site improvements that might be misconstrued as damage caused by demolition operations. E. Project Record Drawings: At Project closeout submit drawings that . Identify and accurately locate capped utilities and other subsurface structural, electrical, or mechanical conditions. Construction Vehicle AQMD Tags shall be available for inspection by Engineer. 1.7 QUALITY ASSURANCE A. Demolition Firm Qualifications: Engage an experienced, licensed firm having a minimum of 5 years full time satisfactory experience in demolition work of similar scope and complexity indicated for this Project. B. Regulatory Requirements: 1. Determine governing environmental protection regulations before starting demolition and comply with all requirements of authorities having jurisdiction. 2. Comply with handling, transport and disposal regulations of authorities having jurisdiction, including as applicable, regulations governing hazardous materials. 024113-2 August 19, 2013 Demolition MARINA PARK PACKAGE 1 SITE DEMOLITION AND TREE RELOCATION C. Pre- Demolition Conference: Conduct conference at Project site 7 days prior to with pre- installation conference requirements specified in Section 01 3100- Project Management and Coordination. 1. Conference agenda shall include review and discussion of requirements of authorities having jurisdiction, instructions and requirements of serving utilities, sequencing and interface considerations and Project conditions. 2. Conference shall be attended by supervisory and quality control personnel of Contractor and all subcontractors performing this and directly -related Work. Submit minutes of meeting to Construction Manager for Project record purposes. 1,8 PROJECT CONDITIONS A. Building Occupancy: Buildings to be demolished will be vacated and their use discontinued before Start of Work. B. Conditions of Building: City assumes no responsibility for actual condition of buildings to be demolished- 1- emolished.1_ Conditions existing at time of inspection for bidding purpose will be maintained by City as far as practical. 2. Field Measurements and Conditions: In addition to provisions of the Conditions of the Contract, verify dimensions and field conditions prior to Bidding. Verify against field conditions and condition of substrate and adjoining Work before proceeding with demolition Work. 1.9 Asbestos Containing Materials (ACM) & Lead Based Paint (LBP): Abatement of ACM and LBP will be performed by Qualified Contractor as described in Section 003310 Hazardous Material Survey and incompliance with applicable codes and law. 1.10 DISPOSAL OF MATERIALS: A. Ali demolished materials that will not be stockpiled for later use, shall be promptly removed from the site. Storage or sale of removed items or materials on-site will not be permitted without approval by the City. 1.11 SEQUENCING AND SCHEDULING A. Sequencing and Scheduling: Sequence and schedule demolition to coordinate with site clearing, tree relocation and grading work. 1.12 TRAFFIC CONTROL A. Refer to Section 7-10 of the Reference Specifications, The Work Area Traffic Control Handbook(W.A.T.C.H.) latest edition, and Section 01 500 Vehicular Access and Construction Parking. 1.13 ENVIRONMENTAL REQUIREMENTS A. Refer to Regulatory Requirements and Coordination Sections for South Coast Air Quality Management District notification and permit requirements. PART 2 - PRODUCTS (Not Applicable) August 19, 2013 024113-3 Demolition MARINA PARK PACKAGEI SITE DEMOLITION AND TREE RELOCATION PART 3 - EXECUTION 3.1 EXAMINATION A. Examination: Contractor shall examine existing conditions prior to bidding. 1. Examine existing conditions and correlate with requirements indicated to determine extent of demolition required. 2. Examine the condition of the building to determine whether removing any element might result in a structural deficiency or unplanned collapse of any portion of the adjacent structures during demolition. 3. Examine conditions as the Work progresses to detect hazards resulting from demolition activities. B. Verification: Prior to demolition Work, perform the following: 1. Verify that utilities have been disconnected and capped. 2. Verify existing conditions and prepare record of existing conditions with photographs or videotape, as agreed with Owner. 3.2 SAFETY AND PROTECTION A. Protect existing buildings, substructures, and other improvements within and adjacent to the work site in conformance with the Basic Site Materials and Methods and Excavation Safety Requirements Sections. B. Provide, erect, and maintain barriers, barricades, lighting, and guard rails as required to protect general public, workers, and adjoining properties. C. Cease operation and notify Engineer immediately if demolition appears to endanger life, facilities, or property. Do not resume operations until safe conditions have been restored. D. Refer to Regulatory Requirements Section for additional requirements in the event that undocumented hazardous wastes are discovered. 3.3 UTILITY SERVICES A. Utility Services: Maintain existing utilities indicated to remain in service and protect from damage during demolition operations. 1. Do not interrupt existing utilities serving occupied or operating facilities, except when authorized in writing by Owner and authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, as acceptable to Owner and to governing authorities. 2. Provide not less than 72 hours' notice to Owner's Representative if shutdown of required during changeover. B. Permanent Disconnection of Utilities: Contractor will arrange for disconnecting and sealing utilities serving structures to be demolished before start of demolition work. 1. Utility Requirements: Locate, identify, disconnect, and seal or cap off indicated utility serving structures to be demolished. Contractor shall arrange to shut off indicated utilities with utility companies. Arrange with City of Newport Beach Water Department to shut off water service and remove meter prior to starting demolition. 2. Arrange with Municipal Operations Department through the Engineer to shut off water gate valves. 3. Arrange with Southern California Gas Company to shut off the gas service and remove meter prior to starting demolition. 024113-4 August 19, 2013 Demolition MARINA PARK PACKAGE 1 SITE DEMOLITION AND TREE RELOCATION 4. Coordinate with AT&T to have underground or overhead telephone service drop wires and public telephone booths removed, prior to start of demolition. 3.4 PREPARATION A. Extermination: Employ a certified, licensed exterminator to treat building and to control and vermin before and during demolition operations. 3.5 EXPLOSIVES A. Explosives: Use of explosives will not be permitted. 3.6 POLLUTION CONTROLS A. Dust Control: Use water mist, temporary enclosures, and other suitable methods to limit spread of dust and dirt. Comply with governing environmental protection regulation Do not create hazardous or objectionable conditions, such as flooding and pollution, when using water. B. Debris Removal: Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. Remove debris from elevated portions of building by chute, hoist, or other service that will convey debris to grade level. C. Cleaning: Clean adjacent buildings and improvements of dust, dirt, and debris caused by demolition operations. Return adjacent areas to condition existing before start of demolition. 3.7 BUILDING DEMOLITION A. Demolition, General: 1. Demolish and remove buildings, trailers and other site improvements identified on Drawings. 2. Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. 3. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. 4. Conduct demolition operations to prevent injury to people and damage to adjacent buildings and facilities to remain. Ensure safe passage of people around demolition area. a. Erect temporary protection, such as walks, fences, railings, canopies, and covered passageways, where required by authorities having jurisdiction. b. Protect existing site improvements, appurtenances, and landscaping to remain. c. Erect a plainly visible fence around drip line of individual trees or around perimeter drip line of groups of trees to remain. For palms the fence shall be 5 feet clear of base of trunk. 5. Structural Stability: Provide and maintain interior and exterior shoring, bracing, or structural support to preserve stability and prevent movement, settlement, or collapse of buildings to be demolished and adjacent buildings to remain. Strengthen or add new supports when required during progress of demolition. B. Building Demolition: Demolish buildings completely and remove from the site. Use methods required to complete Workwithin limitations of governing regulations and as follows: 1. Use techniques acceptable to authorities having jurisdiction and which will achieve intended results and provide protection of surrounding features to remain. 2. Some items may have been demolished prior to Work of this Contract. Verify existing conditions prior to start of demolition. August 19, 2013 024113-5 Demolition MARINA PARK PACKAGEI SITE DEMOLITION AND TREE RELOCATION 3. Some items may require postponement of demolition until late in Contract Time period. 4. Phasing of demolition may be essential to provide adequate interfacing of related Work. 5. Locate demolition equipment throughout the building and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing. 6. Dispose of demolished items and materials promptly. On-site storage or sale of removed Items is prohibited. 7. Small buildings may be removed intact when permitted by Owner's and approved by authorities having jurisdiction_ 8. Demolish concrete and masonry in small sections. 9. Remove structural framing members and lower to ground by method suitable to avoid free fall and to prevent ground impact or dust generation. 10. Break up concrete slabs on grade, and as directed grind and reserve for later use on site, unless otherwise shown to remain. 11. Remove air-conditioning equipment without releasing refrigerants. 12. Some Buildings are very close to Trees identified as existing to be relocated. Conduct operations to avoid damage to tree. Where possible, remove tree prior to demolition/removal of adjacent buildings. C. Below -Grade Construction: Demolish foundation walls and other below -grade follows: 1. Remove below -grade construction, Including foundation walls. 2_ Remove below -grade construction, including foundation walls and footings, to the indicated_ 3. Completely remove below -grade construction, including foundation walls and footings 4. Break up and remove below -grade concrete slabs, unless indicated to remain. D. Filling Below -Grade Areas: Completely fill below -grade areas and voids resulting from of buildings and pavements with soil materials according to requirements specified in Green book Section 300-4 Unclassified Fill, E. Damages: Promptly repair damages to adjacent facilities caused by demolition operations 3.8 UTILITIES DEMOLITION A. Utilities Demolition: Prior to excavation or removal of onsite utilities, cut and cap existing utilities at property line or at locations directed by utility companies. 1. Utilities demolition shall be in accordance with all applicable requirements of serving utility and authorities having jurisdiction. 2. Remove utilities in a manner to minimize disturbance of portions to remain and adjacent properties. 3. Coordination: Coordinate cutting and capping sequences and procedures with serving utility and those affected by such activities. 4. Existing abandoned utilities that are encountered during excavation need to be removed from the excavation and to the extent necessary to allow backfilling to occur. 3.9 DISPOSAL OF DEMOLISHED MATERIALS A Disposal of Demolished Materials: Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site. B. Clean concrete will be ground and stockpiled on site in a location determined by the Engineer. C. Should Contractor decide to move any large items off the site intact, Contractor shall make arrangements for required permits, clearances, and utilities. 024113-6 August 19, 2013 Demolition MARINA PARK PACKAGE 1 SITE DEMOLITION AND TREE RELOCATION D. Remove vermin infested and harmful materials from site. Dispose of materials in conformance with applicable health regulations to protect workers, tenants, and the public. E. Burning: Do not burn demolished materials. F. No debris shall be allowed to enter harbor waters. 3.10 BACKFILL EXCAVATIONS A. Mechanically backfill voids in subgrade areas in conformance with the BASIC SITE MATERIALS AND METHODS Section. Backfill with native material in conformance with EARTHWORK Section. B. Filled areas within and around previously demolished building and structure footprints shall be graded to retain stormwater on City property in conformance with Earthwork and Regulatory Requirements Sections unless Indicated otherwise on Drawings. END OF SECTION August 19, 2013 024113-7 Demolition MARINA PARK PACKAGE SITE DEMOLITION AND TREE RELOCATION 02 4113 - 8 August 19, 2013 Demolition MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 31 1100 SITE CLEARING PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Protection of existing trees indicated to remain, or be relocated, 2. Removal of trees and other vegetation. 3. Clearing and grubbing. 4. Removing above -grade improvements. 5. Removing below -grade improvements. 1.3 PROJECT CONDITIONS A. Traffic: Conduct site -clearing operations to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. Dc not close or obstruct streets, walks, or other occupied or used facilities without permission from authorities having jurisdiction. B. Protection of Existing Improvements: Provide protections necessary to prevent damage to existing improvements indicated to remain in place. I. Protect improvements on adjoining properties and on Owner's property. 2. Restore damaged improvements to their original condition, as acceptable to property owners. C. Protection of Existing Trees and Vegetation: Protect existing trees and other vegetation indicated to remain in place against unnecessary cutting, breaking or skinning of roots, skinning or bruising of bark, smothering of trees by stockpiling construction materials or excavated materials within drip line, excess foot or vehicular traffic, or parking of vehicles within drip line. Provide temporary guards to protect trees and vegetation to be left standing. 1. Water trees and other vegetation to remain within limits of contract work as required to maintain their health during course of construction operations. 2. Provide protection for roots over 1-112 inch (36 mm) in diameter that are cut during construction operations. Coat cut faces with an emulsified asphalt or other acceptable coating formulated to use on damaged plant tissues. Temporarily cover exposed roots with wet burlap to prevent roots from drying out; cover with earth as soon as possible. 3. Repair or replace trees and vegetation indicated to remain that are damaged by construction operations in a manner acceptable to Engineer. Employ a licensed arborist to repair damage to trees and shrubs. 4. Replace palm trees that cannot be repaired and restored to full -growth status, as determined by arborist, according to the replacement schedule in Section 32 9643 Tree Relocation. Other trees to remain will be replaced with like species. Trees to be boxed will be replaced with boxed speciments of the same type and size. D. Salvable Improvements: Carefully remove items indicated to be salvaged and stare on Owner's premises where indicated or directed. 1.4 EXISTING SERVICES August 19, 2013 _ 31 1100-1 Site Clearing MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION A. General: Indicated locations are approximate, determine exact locations before commencing Work. B. Arrange and pay for disconnecting, removing, capping, and plugging utility services. Notify affected utility companies in advance and obtain approval before starting this Work. C. Place markers to indicate location of disconnected services. Identify service lines and capping locations on Project Record Documents. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3A SITE CLEARING A. General: Remove trees, shrubs, grass, and other vegetation, improvements, or obstructions, as required, to permit installation of new construction. Remove similar items elsewhere on site or premises as specifically indicated. Removal includes digging out and off-site disposal of stumps and roots to a depth of 36. 1. Cut minor roots and branches of trees indicated to remain in a clean and careful manner where such roots and branches obstruct installation of new construction. B. Clearing and Grubbing: Clear site of trees, shrubs, and other vegetation, except for those indicated to be left standing, 1. Completely remove stumps, roots, and other debris protruding through ground surface. 2. Use only hand methods for grubbing inside drip line of trees indicated to remain. 3. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. C. Removal of Improvements: Remove existing above -grade and below -grade improvements to a depth of 24" or as indicated and as necessary to facilitate new construction. 1. Abandonment or removal of certain underground pipe or conduits may be indicated drawings and is included under work of related Sections. Removing abandoned underground piping or conduits interfering with construction is included under this Section - 3.2 DISPOSAL OF WASTE MATERIALS A. Burning on Owner's Property: Burning is not permitted on Owner's property. B. Document disposal of materials consistent with the requirements of section 01 7419 — Construction Waste Management and Disposal. C. Removal from Owner's Property: Remove waste materials and unsuitable or excess topsoil from Owner's property. END OF SECTION 31 1100-2 August 19, 2013 Site Clearing MARINA PARK PACKAGE 1 DEMOLITION AND TREE RELOCATION SECTION 32 8000 IRRIGATION PART 1 -GENERAL 1.1 SUMMARY A. Scope of Work: Provide all labor, materials, transportation and services necessary to furnish and install irrigation systems as shown on the Drawings and described herein. B. Related Requirements: Review the General Contract Conditions and Division One, General Requirements, which contain information and requirements that apply to this Section. C. Work Included: Provide irrigation system, complete, as shown and as specified. D. Related Sections: 1. Section 329643—Tree Relocation 1.2 QUALITY ASSURANCES: A. Applicable Standards: Comply with the current applicable provisions of the following, with applicable codes and regulations of the City and/or County and as specified. 1. "UPC" - Uniform Plumbing Code published by the Association of Western Plumbing Officials 2. "ASTM" - American Society for Testing and Materials 3. "NEC" - National Electrical Code B. Permits and Fees: The Contractor shall obtain and pay for any permits and inspections as required. C. Manufacturer's Directions: Manufacturer's directions and detailed Drawings shall be followed in all cases where the manufacturers of articles used in this contract furnish directions covering paints not shown in the Drawings and Specifications. D. ORDINANCES AND REGULATIONS 1. Local, municipal and state laws, and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these Specifications and their provisions shall be carried out by the Contractor. Anything contained in these Specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these Specifications and Drawings call for or describe materials, workmanship or construction of a better quality or higher standard than is required by the above rules and regulations, the provisions of these Specifications and Drawings shall take precedence. E. EXPLANATIONS OF DRAWINGS 1. Due to the scale of Drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are 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. August 19, 2013 328000-1 Irrigation MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 2. The word Architect or Landscape architect as used herein shall refer to the Engineer. 3. Work called for on the Drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the Specifications. 4. The Contractor shall not willfully install the irrigation system as shown on the Drawings when it is obvious in the field that obstructions, grade differences or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the attention of the Engineer. In the event this notification is not performed, the irrigation Contractor shall assume full responsibility for any revision necessary. 1.3 SUBMITTALS A. Material List: 1. The Contractor shall furnish the articles, equipment, materials or processes specified by name in the Drawings and Specifications. No substitution will be allowed without prior written approval by the Engineer. 2. Complete material list shall be submitted prior to performing any work. Material list shall include the manufacturer, model number and description of all materials and equipment to be used. Although manufacturer and other information may be different, the following is a guide to proper submittal format: Item Description Manufacturer Model No. 1. Backflow preventer Febco 825Y 2. Control valves Rain Bird PEB Series 3. Quick coupling valve Rain Bird 33DLVC 3. Irrigation submittal must be specific and complete. Items must be listed and should include solvent/primer, wire, wire connectors, valve boxes, etc. No copies of manufacturer's literature (catalog cuts) are required as submittal information, unless requested. Provide a copy of the completed irrigation submittal list with the Operation and Maintenance manual. 4. The Contractor may submit substitutions for equipment and materials listed on the irrigation Drawings by following procedures as outlined in Section 1.5 of the Irrigation Specifications. 5. Equipment or materials installed or furnished without prior approval of the Engineer may be rejected and the Contractor required to remove such materials from the site at his own expense. 6. Approval of any item, alternate or substitute indicates only that the product or products apparently meet the requirements of the Drawings and Specifications on the basis of the information or samples submitted. 7. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. B. B. RECORD DRAWINGS 1. The Contractor shall provide and keep up to date a complete record set of black line prints which shall be corrected daily and show every change from the original Drawings and Specifications and the exact locations, sizes, and kinds of equipment. Prints for this purpose may be obtained from the Engineer at cost. This set of Drawings shall be kept on the site and shall be used only as a record set. 2. Record Drawings shall also serve as work progress sheets and shall be the basis for measurement and payment for work completed. The Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed. These Drawings shall be available at all times for inspection and shall be kept in a location designated by the Engineer. 32 8000 - 2 August 19, 2013 Irrigation MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 3. Record Drawings shall be full size Drawings. 4. The Contractor shall dimension from two permanent points of reference, building corners, sidewalk or road intersections, etc., the location of the following items: a. Connection to existing water lines. b. Connection to existing electrical power. C. Gate and ball valves. d. Routing of sprinkler pressure lines (dimension maximum 100 feet along routing). e. Routing of control wiring, conduit, signal cable conduit and wires splice boxes. f. Quick coupling valves. g. Drip equipment including filters and pressure regulators_ h. Other related equipment as directed by the Engineer. 5. On or before the date of the final inspection, the Contractor shall deliver the corrected and completed Record Drawings to the Engineer. Delivery of the Drawings will not relieve the Contractor of the responsibility of furnishing required information that may be omitted from the Record Drawings. Contractor Furnished Equipment: 1. Supply as part of this contract the following tools: a. Two sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve supplied on this project. b. One 30 inch valve keys for operation of gate valves. C. Two quick coupler keys 2. The above mentioned equipment shall be turned over to the Owner at the conclusion of the project. Before final inspection can occur, evidence that the Owner has received material must be shown to the Engineer. 1.4 PRODUCT DELIVERY, STORAGE, AND HANDLING OF PVC PIPE AND FITTINGS: A. The Contractor is cautioned to exercise care in handling, loading, unloading and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new piping. 1.5 SUBSTITUTIONS A. If the Irrigation Contractor wishes to substitute any equipment or materials for those equipment or materials listed on the irrigation Drawings and Specifications, he may do so by providing the following information in writing to the Engineer for approval - 1 - pproval:1. Provide a statement indicating the reason for making the substitution. Use a separate sheet of paper for each item to be substituted. 2. Provide descriptive catalog literature, performance charts and flow charts for each item to be substituted. 3. Provide the amount of cost savings if the substituted item is approved. B. The Engineer shall have the sole responsibility in accepting or rejecting any substituted item as an approved equal to those equipment and materials listed on the irrigation Drawings and Specifications. August 19, 2013 328000-3 Irrigation MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 1.8 WARRANTIES: A. Contractor shall submit proof of warranty to Engineer prior to the start of the maintenance period_ It is the Contractor's responsibility to obtain the necessary warranty inspections from the equipment supplier. No installations will be accepted without proof of warranty_ 1.7 GUARANTEE: A. The guarantee for the sprinkler irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions of these Specifications shall be filed with the Engineer prior to acceptance of the irrigation system. B. A copy of the guarantee form shall be submitted prior to conclusion of the maintenance period. C. The guarantee form shall be retyped onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the sprinkler irrigation system we have furnished and installed is free from defects in materials and workmanship. And the work has been completed in accordance with the Drawings and Specifications, except ordinary wear and tear and unusual abuse. We agree to repair or replace all defects in material or workmanship which may develop during the period of one year from date of final acceptance by Owner and also to repair or replace all damages resulting from the repair of such defects at no additional cost to the Owner. We shall make such repairs or replacements within a reasonable time, as determined by the Owner, after receipt of written notice. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Owner, we authorize the Owner to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefore upon demand. PROJECT: LOCATION: CONTRACTORICOMPANY: LICENSE NO: ADDRESS: PHONE: DATE OF FINAL ACCEPTANCE: SIGNED: DATE: 1.8 PROTECTION OF WORK AND MATERIALS: 328000-4 August 19, 2013 Irrigation MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION A. Contractor shall protect his work and the work of others for the duration of the Contract. Protect piping and fittings from direct sunlight, and avoid undue bending and any concentrated external loading. Pipe or fittings that have been damaged shall not be installed. B. Contractor shall exercise extreme care in excavating and working near utilities. Damage to utilities, which is caused by the Contractor's operation, shall be the Contractor's responsibility. C. Contractor shall take necessary precautions to protect site conditions and plant material. Should damage be incurred, Contractor shall repair said damage to its original condition or furnish and install equal replacements as directed by the Engineer. D. Existing irrigation systems shall be kept in operation at all times. When existing irrigation systems are damaged by Contractors operations, he shall be responsible for immediate repair of said damage. After each repair, sprinkler head nozzles of the repaired system shall be removed in order to clear the piping of dirt and foreign matter. 1.9 CORRECTION OF WORK: A. Discrepancies or unsatisfactory work shall be corrected at no additional cost to Owner. The correction of work shall be finished within a reasonable time period as mutually agreed upon by the Engineer and Contractor. PART2-PRODUCT 2.1 MATERIALS: A. General: Use only new materials of brands and types noted on Drawings specified herein or approved equals. B, PVC Pressure Main line Pipe and Fittings: 1. Pressure main line piping for sizes 1-1/2 inches and smaller shall be Schedule 40 PVC with solvent -welded joints. 2. Pipe shall be made from NSF approved Type I, Grade I PVC resin conforming to ASTM Resin Specification 1785. Pipe must meet requirements as set forth in Federal Specification PS -21-70 (solvent -weld pipe). 3. PVC solvent -weld fittings shall be Schedule 80,11-21 11-1 NSF approved conforming to ASTM test procedure D2466. 4. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of type and installation methods prescribed by the manufacturer. 5. PVC pipe must bear the following markings: a. Manufacturer's name b_ Nominal pine size G. Schedule or class d_ Pressure rating in psi. e. NSF (National Sanitation Foundation) approval f. f. Date of extrusion 6, Fittings shall bear the manufacturer's name or trademark, material designation, size, applicable I.P.S. schedule and NSF seal of approval. C_ PVC Non -Pressure Lateral twine Piping: 1. Non -pressure buried lateral line piping shalt be Schedule 40 PVC with solvent -weld joints. August 19, 2013 328000-5 Irrigation MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 2. Pipe shall be made from NSF approved, Type I, Grade 11 PVC resin conforming to ASTM Resin Specification 01784. Pipe must meet requirements set forth in Federal Specification PS -22-70 with an appropriate standard dimension ratio. 3. Except as noted in paragraph 1 and 2 of this Section, requirements for non -pressure lateral line pipe and fittings shall be the same as for solvent -weld pressure main line pipe and fittings as set forth in above Section of these Specifications. D. Ball Valves: 1. Ball valves 3 inches and smaller shall be PVC schedule 80 full bore units, and include Teflon bail seats, Buna-N 0 -rings seals, and pressure rated at a minimum of 235 psi @ 73 degrees F 2. Ball valves 3 inches and smaller shall be equipped with a Saf-T-Shear stem and polypropylene handle. 3. Ball valves 3 inches and smaller shall be as manufactured by Spears, or approved equal. 4. Ball valves shall be installed per installation detail. E. Quick Coupling Valves: 1. Quick coupling valves shall have a brass two piece body designed for working pressure of 150 psi operable with quick coupler. Key size and type shall be as shown on plans. Backflaw Prevention Units: 1. Backflow, prevention units shall be of size and type Indicated on the irrigation Drawings. Install backflow prevention units in accordance with irrigation construction details. 2. Wye strainers at backflow prevention units shall have a bronzed screwed body with standard mesh Monel screen and shall be similar to Bailey No. 1008 or approved equal. 3. Pressure main line piping between the point of connection and the backflow preventer shall be installed as required by local code. The Contractor shall verify with the local governing body as to material type and installation procedures prior to start of construction. Submit shop Drawing for approval G. Control Wiring: 1. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG-U.F_ 600 volt. Control wires shall be a different color wire for each automatic controller. Common wires shall be white with a different color stripe for each automatic controller. Install in accordance with valve manufacturer's specifications and wire chart. in no case shall wire size be less than No. 14 and no less than # 12 gauge for common wires. 2. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. 3. Where more than one wire is placed in a trench, the wiring shall be taped together at intervals of 10 feet. 4. An expansion cud shall be provided at each major change of direction and within 3 feet of each wire connection. Expansion curl shall be of sufficient length at each splice connection at each electric control valve, so that in case of repair, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in trench without stress or stretching or control wire conductors, 5. Splices shall be made with Scotch -Lok # 3576 connector seating packs, Rain Bird Snap - Tile wire connector, Spears # DS -100 connectors with Spears # DS -300 sealant, or approved equal. Use one splice per connector sealing pack. 6. Field splices between the automatic controller and electrical control valves shall not be allowed without prior approval of the Engineer. Field splices shall include an 18 -inch loop coil and be covered within a bolt -down valve box. Identify the letters "WS" on box cover. 32 8000 - 6 August 19, 2013 Irrigation MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION Wire coil shall be continuous over its entire length. Use a different color for each irrigation controller for common ground wire. Spare control wires shall be blue in color. Spare common ground wire shall be white in color. H. Irrigation Controllers: 1. Irrigation controllers shall be as indicated on the plan. 2. The Engineer shall approve final location of irrigation controllers. 3. The controller shall be the DDCW P -2-9V Station Controller manufactured by The Toro Company Riverside, CA (877)345 -8676 - Electrical Control Valves: 1. Electrical control valves shall be the same manufacturer as indicated on the Drawings. 2. Electric control valves shall have a manual flow adjustment handle and bleed valve for manual operation. 3. Provide and install one control valve box for each electric control valve. J. Control Valve Boxes: 1, Use one 10 -inch x 10 -inch (T -cover) round box for each quick coupling valve, gate valve, grounding rod and wire splice as manufactured by Applied Engineering Products - model #0910-L1G'r2T with bolt -down cover, or approved equal. Extension sleeves for gate valves shall be 6 -inch minimum PVC Schedule 40. 2. Use one nominal 10 -inch x 15 -inch x 12 -inch deep (T -cover) rectangular box for electrical control valves, master valves, and flow sensor assemblies as manufactured by Applied Engineering Products - model #1015T1T2T with bolt -down cover, or approved equal. 3. Valve boxes shall be green in color. 4. Use landscape fabric (geotextile soil separator), model number 140N, as manufactured by Mirafi, Inc. (800) 869-8905, or approved equal. K. Drip Emitters: 1. Emitter body shall be manufactured of high impact -resistant polypropylene material with a barb inlet base. Flow shall be regulated through a silicone diaphragm_ The emitter shall pressure compensate for rate flow + 10% over a pressure variant of 10 to 45 psi. Emitters shall be as manufactured by GPH Irrigation Products, Inc., Fontana, California. Phone number: (866) 582-9684. Refer to Drawings for size and type of emitter. 2. Emitter distribution tubing shall be made of plasticized PVC and shall be sufficiently flexible to bend on a radius of one-quarter inch without kinking or suffering a permanent set which would affect its flow capacity. 3. Emitter distribution tubing shall have an inside diameter of 0.160 inch and a nominal outside diameter of 114 inch (0.160 x 0.220 inch). Emission outlet check valve (bug cap) shall be of the same series size as the emitter distribution tubing when specified. 4. The flexible PVC tubing shall be uniformly black in color, homogeneous throughout and smooth inside and out, free from foreign materials, cracks, holes, dents, wrinkles and blisters. The tubing shall be cut square at each end and pressed onto the mounting barb of both the emitter outlets and emission tubes as far as possible by hand. 5. The hole shall withstand a minimum steady state of internal pressure to 60 psig, at 68F degrees without failure. 6, Flush valve assemblies shall be assembled by the Contractor in the manner and of the materials as shown on the Drawings. Flush valves shall be installed in a closed position. 7. Provide drip electric control valve with inline pressure regulator for each drip system. Refer to Drawings fro size, quantity, and type of pressure regulators required. August 19, 2013 _ 328000-7 Irrigation MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION L. Sleeving: 1. Install separate sleeve beneath paving surfaces to route each run of irrigation pipe or wiring bundle. 2. Sleeving material beneath paving surfaces, both pedestrian and traffic, shall be PVC schedule 40 piping with solvent welded joints. 3. Sleeving diameter: Equal to twice the outside diameter of the pipe or wire bundle. Minimum diameter shall be 2 inches. M. Other Components: 1. Tools and Spare Parts: Provide operating keys, service tools, test equipment, other items, and spare parts as indicated in this Specification. 2. Other Materials: Provide other equipment or materials not shown on the Drawings or referenced in this Specification necessary to complete the installation of the irrigation system. PART 3 - EXECUTION 3.1 INSPECTION: A. A. Site Conditions: 1. Drawing scaled dimensions are approximate. The Contractor shall check and verify all size dimensions and receive the Engineer's approval prior to proceeding with work under this section. 2. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damages to utilities, which are caused by his operations or neglect. Check any existing utility Drawings for existing utility locations. 3. Coordinate installation of irrigation materials, including pipe, so there shall be NO interference with utilities or other construction or difficulty in planting trees, shrubs and groundcovers. 4. The Contractor shall carefully check all grades to satisfy him that he may safely proceed before starting work on the irrigation system. 5. Report irregularities to Engineer prior to beginning work. Commencement of work implies acceptance of existing site conditions_ 3.2 SITE PREPARATION: A. Physical Layout: 1. Prior to installation, the Contractor shall stake out pressure supply lines, routing and location of sprinkler heads. 2. Engineer shall approve sprinkler, piping and equipment layout prior to installation. B. Water Supply: 1. The irrigation system shall be connected to water supply points of connection as indicated on the Drawings. 2. Connections shall be made at approximate locations as shown on the Drawings. Contractor is responsible for minor changes caused by actual site conditions. 3. Installation of backflow preventer shall be made at the approximate location shown on the Drawings. The Contractor shall be responsible for minor changes caused by actual site conditions. 328000-8 August 19, 2013 Irrigation MARINA PARK PACKAGE 1 DEMOLITION AND TREE RELOCATION 3.3 EXCAVATING AND TRENCHING: A. General: Perform all excavations as required for installation of work, including shoring of earth banks, if necessary. B. Trenching: 1, Dig trenches straight and support pipe continuously on bottom of trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on Drawings and as noted. 2. Provide for a minimum cover of 18 inches for all pressure supply lines. 3. Provide for a minimum cover of 12 inches for all non -pressure lines. 4, Provide for a minimum cover of 6 inches for drip emitter distribution tubing. 5. Provide for a minimum cover of 18 inches for all control wiring. 6. Where piping is shown on the Drawings under paved areas, but running parallel and adjacent to planting areas, install the piping within planting areas. C. Backfilling: 1. The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth or stones. Backfill shall be mechanically compacted in d areas to a dry density equal to adjacent undisturbed soil. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. 2. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than 1/2 inch in size will be permitted in the initial backfill. 3. The flooding of trenches will be permitted only with approval of the Engineer. 4. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting or other construction are necessary, the Contractor shall make required adjustments without cost to the Owner. D. Trenching and Backfilling Under Paving: 1. Trenches located under areas where paving, asphaltic concrete or concrete will be installed shall be backfilled with sand (a layer 6 inches below the pipe and 3 inches above the pipe) and compacted in layers to 95% compaction, using manual or mechanical tamping devices. Trenches for piping shall be compacted to equal the compaction of the existing adjacent undisturbed soil and left in a firm unyielding condition. Trenches shall be left flush with the adjoining grade. The sprinkler irrigation Contractor shall set in place, cap and pressure test piping under paving prior to the paving work. 2. Generally, piping under existing walks is done by jacking, boring or hydraulic driving, but where any cutting or breaking of sidewalks and/or concrete is necessary, it shall be done and replaced by the Contractor as part of the contract cost. Permission to cut or break sidewalks and/or concrete shall be obtained from the Engineer. No hydraulic driving will be permitted under concrete paving. Compact all backfill to 95% dry density and dispose of waste off site. Replacement pavement shall match existing in structure, material and appearance. No hydraulic driving will be permitted under concrete paving. 3. Provide for a minimum cover of 18 inches between the top of the pipe and the bottom of the aggregate base for all pressure and non -pressure piping installed under asphalt concrete paving. E, Conduit and Sleeves: August 19, 2013 328000-9 Irrigation MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 1. Coordination: Sleeving will be existing only when installed under another contract. For all other installations, provide materials and coordinate conduit and sleeve installation with other trades as required to facilitate smooth construction sequence. 2. Conduit: Furnish and install conduit where control wires pass under or through walls, walks and paving. Conduits to be of adequate size to accommodate retrieval for repair of wiring and shall extend 12 inches beyond edges of walls and pavement. 3. Sleeving: Install sleeves for pipes passing through or under walks and paving as shown on the Drawings. Sleeving to be of adequate size to accommodate retrieval of wiring or piping for repair and shall extend 12 inches beyond edges of paving or other construction_ Assemblies: 1. The routing of irrigation lines as indicated on the Drawings is diagrammatic. Install lines (and various assemblies) in such a manner as to conform to the Drawings. 2. Install NO multiple assemblies on plastic lines. Provide an outlet for each assembly. 3. Install assemblies specified herein in accordance with respective detail. In absence of detail Drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with best standard practice with prior approval of Engineer_ 4. PVC Pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. Install no assembly into a trench, which has standing water. 5. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape, or approved equal, shall be used on all threaded PVC to PVC and on all threaded PVC to metal joints. Use no pipe dope. Light wrench pressure is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. Use strap -type friction wrench only - no metal jawed wrench. G. Irrigation Piping Clearance: 1. Piping shall have a minimum clearance of 6 inches from each other and from lines of other trades. Parallel piping shall not be installed directly over one another_ H. Irrigation Controller: Install as per manufacturer's instructions. Control valves shall be connected to controller in numerical sequence as shown on the Drawings. I. Electric Control Valves: Install where shown on the Drawings and details. When grouped together, allow at least 12 inches between valves. Install each control valve in a separate valve box. Align valve boxes in a row. ,j. Flushing of System: 1. After valves, pipe lines and risers are in place and connected, all necessary diversion work has been completed and prior to installation of sprinkler heads or emitters, the control valves shall be opened and a full head of water used to flush out the system, 2 Sprinkler head and drip emitters shall be installed only after flushing of the system has been accomplished to the complete satisfaction of the Engineer. Re -flush the emitter lines after installation of said emitters. K. Quick Coupling Valves: 1. Install as indicated on the Drawings. L. Drip Emitter Operation and Installation: 32 8000 - 10 August 19, 2013 Irrigation MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 1. Drip emitters shall be installed in emitter tubing after the emitter tubing has been punched with the proper size emitter tubing punch. 2. Flush emitter tubing and PVC lateral lines prior to installation of emitters_ Re -flush lines after installation of said emitters. 3.4 TEMPORARY REPAIRS: The Owner reserves the right to make temporary repairs as necessary to keep the sprinkler system equipment in operating condition. The exercise of this right by the builder/developer shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.5 INSTALLATION OF OTHER COMPONENTS: A. Tools and Spare Parts: 1. Prior to the Pre -Maintenance Period walk-through inspection, supply to the Owner turn over items including controller cabinet keys, servicing tools, test equipment, and any other items indicated on the Drawings. B. Other Materials: 1. Install other materials or equipment on the Drawings or installation details to be a part of the irrigation system, even though said items may not have been referenced in this Specification. 3.6 FIELD QUALITY CONTROL: A. Testing of Irrigation System: 1. The Contractor shall request the presence of the Engineer in writing at least 48 hours in advance of testing. 2. Test pressure lines under hydrostatic pressure of 150 pounds per square inch for 2 hours and prove piping to be watertight. a_ Note: Testing of pressure main lines shall occur prior to installation of electric control valves. 3. Piping under paved areas or on structure shall be tested under hydrostatic pressure of 150 pounds per square inch for 2 hours and proved watertight, prior to paving. 4. Sustain pressure in lines for not less than two hours. If leaks develop, replace joints and repeat test until entire system is proven watertight (maximum allowable pressure drop is 4 psi). 5. All hydrostatic tests shall be made only in the presence of the Engineer or other duty authorized representative of the Owner. No pipe shall be backfilled until it has been inspected, tested and approved in writing. 6. Furnish necessary force pump and all other test equipment for hydrostatic pressure testing. 7. When the irrigation system is completed, perform a coverage test in the presence of the Engineer, to determine if the water coverage for planting areas is complete and adequate. This test shall be accomplished before any turf or groundcover is planted. 8. Furnish materials and perform all work required to correct any inadequacies of coverage. 3.7 SYSTEM OPERATION: A. The entire irrigation system shall be under full automatic operation for a period of seven days prior to any planting. B. The Engineer reserves the right to waive or shorten the operation period. August 19, 2013 328000-11 Irrigation MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION 3.8 CLEAN-UP: A. Clean up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, walks and paving shall be swept or washed down and any damage sustained on the work of other Contractors shall be repaired to original condition at no cost to Owner. 3.9 FINAL INSPECTION PRIOR TO ACCEPTANCE: A. The Contractor shall operate each system in its entirety for the Engineer at time of final inspection. Any items deemed not acceptable by the inspector shall be reworked to the complete satisfaction of the Engineer. B. The Contractor shall show evidence to the Engineer that the Owner has received all accessories, charts, record Drawings and equipment as required before final inspection is performed. 3.10 OBSERVATION SCHEDULE: A. Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the time indicated: 1. Pre -job conference - 7 days 2. Pressure supply line installation and testing — 2 days 3. Emitter tubing and emitter installation — 2 days B. When observations have been conducted by other than the Engineer, show evidence of when and by whom these observations were made. C. No inspection will commence without the record Drawings, In the event the Contractor calls for an inspection without record Drawings, without completing previously noted corrections or without preparing the system for inspection, he shall be responsible for reimbursing the Landscape Architect at the hourly rate in effect at the time of the inspection portal (plus transportation costs) for the inconvenience_ No further inspections will be scheduled until this charge has been paid. END OF SECTION i2_8600 - 12 August 19, 2013 Irrigation MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 32 9101 LANDSCAPE SOIL TESTING PART 1 -GENERAL 1.1 DESCRIPTION: A. Related Requirements: Review the General Contract Conditions and Division One, General Requirements, which contain information and requirements that apply to this Section. B. Work Included: 1. Provide testing and/or certification of soils for soil fertility and chemical suitability for sustaining plant life. 1.3 SUBMITTALS: A. Test Data: Submit all laboratory test data for all materials. 1.2 ANALYSES OF SAMPLES AND TESTS: A. Testing Agency: Wallace Laboratories, 365 Coral Circle, EI Segundo, CA 90245. Tel (310) 615- 0116. Attention: Mr. Garn Wallace, PhD. PART 2 - PRODUCTS — None Required PART 3 - EXECUTION 3.1 SOIL CLEARING A Clear and remove existing weeds by mowing and grubbing to at least 6 inches below the soil surface. 3.2 SOIL TESTING: A. Contact Approved Testing Agency and arrange for samples to be removed and tested. 1. Plans indicate schematic locations. Final locations selected by Agronomist after review of existing conditions. 2. At least one test shall be completed in the area shown for heeling in and holding the relocated palms. In that area soil tests will be conducted for 0'12", 12" -24" and 24-36" in depth. B. Upon receipt of Agronomic Soil Report Forward Copies of Report to Engineer and Landscape Architect. END OF SECTION August 19, 2013 329101-1 Landscape Soil Testing MARINA PARK PACK/x3E1 | DEMOLITION AND TREE RELOCATION / 329101-2 August 1y,2V13 La"dsoopeSoil Testing | SECTION 32 9643 TREE RELOCATION PART 1 -GENERAL 1.1 WORK INCLUDED MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION A. Move and replant trees, which have been identified for relocation, to temporary holding area as designated or to the final location to be transplanted. B. Perform all pruning operations. C. Submit maintenance plan for approval by the Engineer D. Perform all work, and provide all materials incidental to the above items required to provide a complete installation. E. Work Related in other Sections: 1. Section 02 4113 — Demolition 1.2 DEFINITIONS A. "Injury" is defined, without limitation, as any bruising, scarring, tearing, or breaking of roots, branches, or trunk. B. "Drip Line" is defined as the outermost limits of the tree canopy. 1.3 SUBMITTALS A. Prior to relocating any trees, submit all related drawings and data. B. Product data: 1. Pruning materials. 2. Guying materials. C. Detailed descriptions: 1. Maintenance plans. 2. Moving equipment. D. Plant Guaranty: 1. Provide written certificate identifying the number of trees relocated, their identification number from the tree survey, and guaranteeing their survival or replacement per the requirements of this section. 2. Include report by Certified Arborist of trees after relocation. 1.4 REQUIREMENTS A. Any conflicts between these specifications and the referenced specifications, these specifications shall govern. Any conflicts between the referenced specifications and the standards, the most stringent requirements shall govern. August 19, 2013 329643-1 Tree Relocation MARINA PARK PACKAGE 1 DEMOLITION AND TREE RELOCATION B. When the palm trees are removed and the work within the areas to which the trees are to be transplanted is not completed to the stage at which the trees can be planted, the trees shalt be stored and maintained until transplanting can be completed. In other cases, the palm trees shall be planted at the new locations the same day the palm trees are removed. 1.5 QUALITY ASSURANCE A. Qualification of the Contractor: Contractor for tree relocation work meet the following experience requirements 1. They shall have a minimum of 5 years of experience moving large specimen trees, 2. Their experience shall include relocating palms of a minimum of 50 feet in height for at least two separate projects, with a success rate of 80% or better.. 3. They can provide references for at least five projects involving the relocation of large trees and for palms B. Qualification of Workmen: Trimming shall be performed only by a licensed arborist. Provide at least one person approved by the Engineer who shall be present at all times during tree protection and trimming operations, who shall be thoroughly familiar with the type of work involved, and who shalt direct all protection and trimming work, C. All pruning will be conducted following the City's Pruning guidelines. D. During the progress of the work, a superintendent and all assisting personnel shall be on the site, all satisfactory to the Engineer. This superintendent shall not be changed, except with the consent of the Engineer. The superintendent shall represent the Contractor in the Contractor's absence, and all direction given to the superintendent shall be as binding as if given to the Contractor. E. Reference specifications and standards: 1. International Society of Arboriculture (ISA) "Guide for Establishing Values of Trees and Other Plants", prepared by the Council of Tree and Landscape Appraisers (CTLA). 2. "Cabling, Bracing and Guying Standards for Shade Trees", as published by the National Arborist Association (NAA), 174 TR 101, Bedford, New Hampshire, 03102. 11�1141 414101 NQ IV JAIIIIR�- A. Prior to performing any work of this Contract, Contractor shall call for a site meeting with the Engineer. This meeting shall occur prior to construction of any nature on the site. The purpose of the meeting shall be to establish the conditions of all existing trees to be preserved upon receipt of the site by the Contractor and to review the proposed relocation sequencing and condition of the temporary holding area. Failure to call for said meeting implies acceptance by the Contractor of trees to be preserved in their existing condition. B_ Sequencing schedule: Coordinate and cooperate with other trades to enable the work to proceed as rapidly and efficiently as possible. 1.7 GUARANTEE A. Contractor shall guarantee that all trees covered by the provisions of this Section will be healthy and in flourishing condition of active growth for one year from the date of Substantial Completion. 0-6643-2 August 19, 2013 Tree Relocation MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION B. During the warranty period the Contractor shall be liable for all trees covered by the provisions of this Section and shall replace trees that die in a timely manner. C. Contractor will not be held responsible for failures due to neglect by the Owner, vandalism, etc., during the warranty period. Report such conditions to the Owner. PART 2 -PRODUCTS 2.1 MATERIALS A, Boxing materials, ball and burlap materials: Provide moving materials in accord with current horticultural practices. B. Pruning materials: Pruning sterilant shall be Physan 20 Fertilome Type A or diluted bleach. C. Replacement Trees: For all trees that are not thriving at the conclusion of the contract period, the following replacement schedule will apply. Tree Replacement Washingtonia robusta: 40' and taller 30' BTH Washingtonia filifera Washingtonia robusta 25' — 40' 25 BTH Washingtonia filifera Washingtonia robusta15'-25' 20' BTH Washingtonia fitifera Washingtonia robusta less than 15' 15'BTH Syragus romanzoffianum D. For trees damaged during demolition and other construction activities, there will he an additional penalty of $5,000 per incident of damage 2.2 PALM BACKFILL SOIL A. Consisting of #16 silica sand consisting of following qualities: 1. Good water retention. 2. Good percolation for excess water. 3. Low in salts and boron. In no cases is boron allowed to measure greater than 1 FPM as measured on saturation extract method. in order to insure conformance to this Section, provide soil sample testing of backfill soil when requested by Engineer. Testing of these samples to be paid for by Contractor. 2.3 FERTILIZER A. Root Growth Stimulant: 1. Vitamin B-1. a. Acceptable Manufacturers: 1) Cal Liquid. 2) Cooke. 3) Chican. 4) Ortho. B. Palm Tree Fertilizer: 1. Consisting of following minimum percents by weight: a. 9% Nitrogen. b. 3% Phosphoric Acid. c. 9% Potash, 19, 2013 329643-3 Tree Relocation MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION d. 3% Calcium. e. 4% Magnesium. f. 2% Iron. g. 5% Humic Acids, 2. Acceptable Manufacturers: a. Gro -Power Palm and Tropical Fertilizer (909) 393-3744. C. Palm Frond Foliar Drench: 1. Acceptable Manufacturers with following rates for a 100 gallon tank mix: a- Geary 3336 (8 oz). b. Nufarm T -Methyl E -Pro 50 WSB (8 oz.). PART 3 - EXECUTION 3.1 GENERAL A. Contractor shall conduct operations continually to completion, unless weather conditions are unfavorable. B. Trees subject to the provisions of this Section, which have been injured, shall be repaired immediately by an approved, certified arborist. C. Preparation: 1. Contractor shall spray all trees to be moved prior to digging with "Wilt proof'. Application shall be made in accord with the manufacturer's printed directions. 2. All trees to be relocated shall be root drenched with Subdue, at the rate of 3 oz. per 100 gallons of water. 3. The Contractor shall control the moisture content of the soil around the trees so that no soil breaks away from the ball during root trimming. 4. Excavate palm tree pits with vertical sides at a size that will accommodate the rootball and at least 12 -inches below roothall. 5. Adjust existing irrigation system as necessary to accommodate relocated tree at new location and maintain complete irrigation coverage during time tree(s) are in the temporary location. 3.2 TREE RELOCATION PROCEDURES A. All excavation for the planting of relocated trees shall have been completed and approved by the Owner prior to the relocation operations. All trees to be relocated shall ultimately be replanted on the site. B. Before each palm tree is moved, Full dead fronds, mostly broken fronds and frond stubs shall be removed from the trunk. Other fronds and frond stubs shall be removed at the trunk in a manner that will not injure the tree trunk. Minimize the removal of fronds, and do not tie up palms except for duration of move. C. Palms can be dug by hand, with gasoline powered tree spades, or spades mounted on small tractors. No excavation shall be done closer than 24 inches to the trunk at ground level and shall extend below the major root system. The minimum dimension of the root ball shall be not less than 48`. The bottom of the root ball shall be cut off square and perpendicular to the trunk below the major root system. Under no condition shall the contractor cut down the size of the root ball in width or depth. Palms grown in very sandy soils, which may fall away from the roots, 32 9643 - 4 August 19, 2013 Tree Relocation MARINA PARK PACKAGE 1 DEMOLITION AND TREE RELOCATION will require hand digging. Prior to digging, the soil around the root system should be thoroughly wetted to help keep the root ball together. Dug palms should be moved and replanted the same day. D. The roots of each palm tree or clump of palm trees shall be balled in a manner approved by the Engineer. Approval shall be obtained before removing any palm tree to be transplanted. The diameter and depth of each root ball shall be a minimum of 8 inches larger than the trunk diameter at the ground line. Exposed root balls shall be kept covered with wet burlap or canvas until the trees are planted. E. Holes resulting from the removal of transplanted palm trees shall be backfilled the same day the trees are removed. Soil from the surrounding area may be used to backfill the holes. 3.3 MAINTENANCE DURING TRANSPLANTING A_ Soil around trees shall be dried out so no soil breaks away from the ball during trimming, but not so dry that the tree will be damaged. Under no circumstances shall the root ball be allowed to dry out. Exposed ends of all roots shall be cut clean and square. Hose drip irrigation to saturate the root ball only shall be administered during this period. B. Maintenance of the trees during the transplanting, storage, and relocation period shall be the responsibility of the Contractor. 3.4 MOVING PROCEDURES A. When moving palms out of the field, they should be well supported to prevent injury to the tender heart. Stems of clustering palms should also be tied together for additional support. A tree crane is required to lift large palms out of the field, and the trunk should be protected with burlap or other material wherever ropes, cables, chains or straps will be attached. B. Trees shall be transported in a manner to least disturb the tree root ball, trunk, and head during relocation. Prior to the commencement of the relocation, the Contractor shall submit an equipment list and description of work procedures for approval by the Engineer. Using approved equipment, the tree shall be lifted without any damage to the tree. 3.5 PALM TREE INSTALLATION A. Obtain approval of Engineer prior to beginning palm tree planting. B. Scarring of palm tree trunk caused by inappropriate handling by Contractor may result in rejection of palm by Engineer. Replacement may be requested at Contractor's sole expense. C. Prepare proper sized palm tree pits and verify that pits meet percolation test review by Engineer before installing palm trees. D. Prior to placing palm tree in palm tree pit, tamp and moisten bottom of pit. Set palm tree plumb and hold rigidly in position until backfill sand has been wet -tamped firmly around rootball. Continuously adjust palm tree to ensure a plumb and securely planted palm tree. Water -jet backfill mix as required to remove air pockets. 329643-5 Tree Relocation MARINA PARK PACKAGE1 DEMOLITION AND TREE RELOCATION E. Provide adequate staking of palm tree during palm establishment period. Obtain approval of Engineer for intended method of staking palm trees. Costs of staking palm trees to be covered by written Change Order. Do not plant palm trees below palm trees original grade line. G. Root Growth Stimulant: 1. Apply root growth stimulant when backfilling is between 112 to 2t3 up rootbali. 2. Application Rates: a. 30 -feet in height and smaller: One quart. b. 30 -feet in height and taller: Two quarts. 3. Pour root stimulant full strength equally distributed around rootball. Water -jet into backfill mix. H. Do not use excess soil generated from excavating palm tree pits in backfill mix or in establishing final grade. Protect planting areas from excessive vehicle compaction when craning palm trees to final planting site. 3.6 REPAIR COMPENSATION A. A certified arborist shall direct repair of trees damaged by construction operations. Repairs shall be made promptly after damage occurs to prevent progressive deterioration of damaged trees. B, Any tree, which is damaged owing to the Contractor's negligence or failure to provide adequate protection, shall be replaced as follows: 1. Replacement shall be the according to the chart given in Section 2.1 C above, including (as approved by the Engineer): a. Actual cost of item boxed out of the ground. b. Transportation or delivery of boxed item to site. c. Planting and staking. d. Maintenance, including watering, fertilizing, pruning, pest control, and other care to bring replacement to same general condition of original item. C. Damaged tree limbs or trees which have died as a result of injury during construction shall remain the property of the Owner and shall remain or be removed by the Contractor as directed by the Engineer. 31 TREE MAINTENANCE A. Irrigation 1. Closely monitor water intake to palm trees to insure adequate water is being provided to palm tree at all times. 2. It is critical that palm trees receive a plentiful supply of water during palm establishment period_ 3. Minimize excess Irrigation where possible. Adjust irrigation controller times accordingly to provide ideal amount of water to palm trees. B. Palm tree frond pruning 1. Exercise extreme care when pruning palm tree fronds. Trim green or partially green palm tree fronds or remove if they have been damaged from installation. Trimming of green 329643-6 Tree Relocation MARINA PARK PACKAGE 1 DEMOLITION AND TREE RELOCATION palm fronds within first 3 years of establishment may diminish palm tree's resources to adequately establish itself. 2. If palm tree frond pruning is necessary, dip pruning tools in a solution comprised of 50% bleach and 50% water before beginning pruning operations and before moving from one palm tree to next. C. Fertilization 1. Apply specified palm tree fertilizer 45 days after planting. D. Contractor shall be responsible to perform periodic inspections of transplanted trees and submit written proposals to the Engineer for additional maintenance work as may be required to ensure the health and general well-being of the trees. Contractor shall retain, at the direction of the Engineer additional specialists as may be required to perform this work. E. The maintenance of the trees shall comply with Section 32 9800 - Landscape Maintenance F. In addition to the scheduled maintenance, during the time of this phase of work, the Contractor shall provide required maintenance in the last week of this Contract and shall leave trees in good condition. G. Trees shall be subject to a guarantee period of one year. Trees that die shall be replaced by the Contractor in a timely manner. 3.8 POST RELOCATION ARBORISTS REPORT A. See Section 01 3300 for requirements for Post Relocation Certification. The report will be prepared no more than 2 months before the end of the maintenance period and release of final bond. The report's description of the trees will be the basis of evaluating the need for replacement and penalties. END OF SECTION August 19, 2013 329643-7 Tree Relocation MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 329643-8 August 19, 2013 Tree Relocation MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION SECTION 32 9800 LANDSCAPE MAINTENANCE PART 1 -GENERAL 1.1 GENERAL CONDITIONS A. General Conditions, Supplementary Conditions, and applicable portions of Division 1 apply to Work of this Section as if printed herein. 1.2 SCOPE OF WORK A. After tree relocation and irrigation work have been completed, reviewed and accepted by Owner, furnish materials, labor, transportation, services and equipment necessary to provide landscape maintenance as indicated on Drawings and as specified herein. B. Work included in this Section: 1. Continuous maintenance of palms and any other trees relocated as a part of this contract 2. Maintenance and operation of irrigation system during specified landscape maintenance period. C. Work related in other Sections: 1. Section 32 8000 - Irrigation System: Adjustment and repair of irrigation system. 2. Section 32 9643 — Tree Relocation: Maintenance of relocated trees. 1.3 LANDSCAPE MAINTENANCE PERIOD A. Landscape Maintenance Period: 365 days from date of Final Acceptance, B. Continuously maintain trees involved in this Contract during progress of Work and during landscape maintenance period until Final Acceptance by Owner has been granted. C. Improper landscape maintenance or possible poor condition of planting at termination of the scheduled landscape maintenance period may cause landscape maintenance period to be continued at no cost to Owner. D. In order to carry out plant establishment work, furnish sufficient staff and adequate equipment to perform Work during landscape maintenance period. E. For any day that Contractor fails to adequately perform landscape maintenance, as determined necessary by Owner's Authorized Representative, that day will not be credited as one of landscape maintenance working days. F. Contractor shall be available for weekly meetings with City Staff for the duration of the the maintenance period. G. Prior to being placed on landscape maintenance, submit a schedule of activities planned during landscape maintenance period. This schedule needs to be accepted by Engineer prior to start of landscape maintenance. Document scheduled changes and obtain acceptance by Owner's Authorized Representative. PART 2 -PRODUCTS August 19, 2013 Landscape Maintenance MARINA PARK PACKAGE 1 DEMOLITION AND TREE RELOCATION 2.1 GENERAL A, Submit a list of materials that are to be used during landscape maintenance that are not specified in Section 32 6943 — Tree Relocation in written form to Engineer for review and approval. PART 3 -EXECUTION 3.1 GENERAL LANDSCAPE MAINTENANCE A. Keep landscape areas free of debris. B. Keep planted areas weed -free. Cultivate at intervals of not more than 7 calendar days. C. Maintain adequate protection of Work area. Repair damaged areas. 3.2 TREE CARE A. Watering: 1. When hand watering, use a water wand to break water force. 2. Replenish wood mulches to reduce evaporation and frequency of watering. 3. Regulate irrigation watering times to minimize erosion and gullying. B. Palm Care 1. Maintain adequate moisture in the root zone 2. Drench the root zone with fungicide once every three weeks of the first three months 3. Apply a light foliar spray of soluble micronutrients to the foliage between 60-75 days after transplanting. 4. Apply a light surface application of slow release granular palm fertilizer at the margins pf the rootball between 75-90 days after transplanting C. Weed Control: 1_ Keep planted areas free of weeds. 2. Use recommended legally approved herbicides. 3. Avoid frequent soil cultivation that destroy shallow surface roots. 4. Replenish lost wood mulch to reduce weed growth. Maintain a 2 -inch mulch layer. D. Insect and Disease Control: 1. Maintain insect and disease control during landscape maintenance period. 2. Regularly inspect all plant materials for signs of infestation: a. Presence of insects, moles, gophers, ground squirrels, snails and slugs in planting areas. b. Discoloration, spotting or blotching on leaves, fronds, or needles. a Unusually light green or yellowish green color inconsistent with normal green color of leaves. E. Replacement of Plants: Replace dead or dying palms per the requirements of Section 4 of the Special Provisions. 3.3 IRRIGATION SYSTEM 329800-2 August 19, 201 Landscape Maintenance MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION A. Provide maintenance of irrigation system consisting of cleaning and adjusting sprinkler nozzles, repairing damaged equipment, servicing valves, programming controllers and other activities required during landscape maintenance period - 3.4 FINAL WALKTHROUGH A. At completion of landscape maintenance period, schedule a Final Walkthrough with Owner's Authorized Representative. B. Owner, General Contractor and others deemed necessary by Engineer may be present at Final Walkthrough. C. If, during Final Walkthrough Engineer is of opinion that landscape maintenance has been substantially completed in accordance with this Section, written notice of recommendation to allow Contractor to be released from Project will be submitted to Owner for approval. This report will note any incomplete punch list items from Final Walkthrough and a date on which these items must be completed. Complete remaining punch list items within five working days after Final Walkthrough was performed by Owner's Authorized Representative. 3.5 CLEANUP A. Upon completion landscape maintenance, remove rubbish, waste and debris resulting from Contractor's operations_ B. Repair scars, ruts or other marks in landscaped areas caused by Contractor. C. Remove equipment, implements of service, and leave Work area in a neat and clean condition. Sweep clean paved areas. END OF SECTION August 19, 2013 329800-3 Landscape Maintenance MARINA PARK PACKAGEI DEMOLITION AND TREE RELOCATION 329800-4 August 19, 2013 Landscape Maintenance TO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 4 October 22, 2013 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3330, dawebb(o)newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer 949-644-3323, ilee@newportbeachca.gov APPROVED: TITLE: Marina Park Project — Site Demolition and Tree Relocation (Bid Package 1) — Award of Contract No. 3897-A ABSTRACT: Staff has received bids for the first of four bid packages for the Marina Park Project — Site Demolition and Tree Relocation (Bid Package 1) and is requesting City Council approval to award the contract to Unlimited Environmental, Inc. RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 3897-A (Marina Park Project — Demolition and Tree Relocation) to Unlimited Environmental, Inc. of Signal Hill, California, for the total bid price of $405,130.00 and authorize the Mayor and City Clerk to execute the contract. 3. Establish a contingency of $60,370.00 (15 percent) to cover the cost of unforeseen work. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funds for this contract. Account Description Account Number Amount Marina Park 7411-C4002002 $ 465,500.00 $ 465,500.00 WE Marina Park Project — Demolition and Tree Relocation (Package 1) — Award of Contract No. 3897-A October 22, 2013 Page 2 Proposed uses are as follows Vendor Purpose Amount Unlimited Environmental, Inc. Construction Contract $ 405,130.00 Unlimited Environmental, Inc. Construction Contingency 60,370.00 Total: $ 465,500.00 Staff recommends establishing a 15 percent contingency given the low dollar amount of this bid package coupled with the greater degree of unknown conditions associated with the demolition of existing structures/utilities and the relocating and maintaining sizable palm trees. DISCUSSION: The Marina Park Project is divided into four general construction plan sets and bid packages: (1) Site Demolition and Tree Relocation; (2) Marina Basin Construction; (3) Community Center and Park; and (4) Docks. Contract No. 3897-A is to award the work related to Bid Package 1, which includes demolition of the existing mobile home park buildings and site, disconnection/capping/removal of supporting utilities, and relocation of existing on-site trees into a prescribed temporary location for care and maintenance until replanted in their ultimate location. This contract stipulates that the low bidder must enter into a separate tree maintenance contract for an anticipated term of one (1) year, or until the trees may be replanted under the Package 3 contract. The low bidder, Unlimited Environmental, Inc., possesses a California State Contractors License Classification "B" and "C-27" as required by the project specifications. A check of Unlimited Environmental's references indicates satisfactory completion of comparable size projects. At 10:00 AM on September 26, 2013, the City Clerk opened and read the following bids for the "Marina Park Project — Demolition and Tree Relocation" Project: BIDDER Low Unlimited Environmental, Inc. 2 Dalke & Sons Construction, Inc. 3 Interior Demolition, Inc. 4 Clauss Construction 5 Asbestos Instant Response, Inc. 6 Wreck Age Demolition, Inc. 7 The Richards Group TOTAL BID AMOUNT $405,130.00 $419,685.00 $430,200.00 $466,045.56 $542,408.00* $584,360.00 $588,000.00 * as -read: $511,353.75 2 of Marina Park Project — Demolition and Tree Relocation (Package 1) — Award of Contract No. 3897-A October 22, 2013 Page 3 The low bid amount represents $130.00 more than the Engineer's Estimate of $405,000.00 Pursuant to the contract specifications, the contractor will have 45 consecutive working days to complete the Bid Package 1 construction work, exclusive of the on-going tree maintenance phase. ENVIRONMENTAL REVIEW: The Final Environmental Impact Report for the Marina Park Project was adopted by City Council on May 11, 2010. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Submitted by: I David A. Webb Public Works Director Attachment: A. Location Map 3 of NTS ATTACHMENT A NEWPORT CHANNEL MARINA PARK - PACKAGE 1 BOUNDARIES- w w W- 8AL8pq _N BpULEVARD OCEAN2 FRONT /EST PACIFIC OCEAN & F.Al 14 1011."1 '.C. .G DEMOLITION AND TREE RELOCATION LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C -3897-A 1 10/22/13 4 of