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C-5523 - Residential Street Overlay (University Drive, La Vida Production Place and Monrovia Avenue
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC March 24, 2016 Sequel Contractors, Inc. Attn: Thomas S. Pack 13546 Imperial Hwy Santa Fe Springs, CA 90670 Subject: Residential Street Overlay Program — C-5523 Dear Mr. Pack: On March 24, 2015, 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 2, 2015. Reference No. 2015000169688. The Surety for the contract is Travelers Casualty and Surety Company of America and the bond number is 105986845. Enclosed is the Faithful Performance 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 EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 105986845 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 15,103.00 , being at the rate of $ various thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Sequel Contractors, Inc. hereinafter designated as the 'Principal," a contract for the Residential Street Overlay Program 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 Travelers Casualty and Surety Company of America duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Two Hundred Sixty One Thousand Two Hundred Forty One Dollars and 001100 ($1,261,241.00) 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 aReration 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. Sequel Contractors, [nc. 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 has n duly ex uteri by the Principal and Surety above named, on the 14th day July 20 14 Samuel Contractors, Inc. Name of Contractor (Principal) Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive, Diamond Bar, CA 91765 Address of Surety (909)612-3675 Telephone 1 w'i?1gaS S, pric9t W rosslCon9i t �so— Authoroad Ageht Si nature Douglas A. Rapp, Attorney in Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTACHED Sequel Contractors, Inc. Page C-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County.of LWANCMUS 11— __. JUL I d 2451& l , Y. s.w :, ntol v On before me, Data ent Here Insert Name antl Title of the officer personally appearedhi S. %�dL( -�(` *DANIBUSTAMANTE EL COMM. #2005BOI NOTARY PUBLIC CALIKOHNIA p LOS ANGELES COUNTY y Cammmian Expl(do JANUARY 3t, 907 who proved to me on the basis of satisfactory evidence to be the person(* whose name( is/aw subscribed to the within instrument and acknowledged to me that he/9NeAWy executed the same in his/Herbtbad, authorized capacity(io, and that by hisAOrAi . signature(a) on the instrument the person(*), or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Nmam Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual C Corporate Officer—Title(s): _ GG Partner — ❑ Limited ❑ General Attorney in Fact C Trustee C Guardian or Conservator C Other: Signer Is Representing: RIGHTTHUMBPRINT. OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner —1 Limited C General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTPU '11RINT OF SIGNER 22007Nalroral Notary Association -9350 Do Soh, Ave., PO Box 2402•Chatmortr, CA 91313-2402,w NationalNmarycrg Item 4590 Reorder:Call Toll -Free i-600-876-6827 ACKNOWLEDGMENT State of California County of Orange ) 07/14/2014 On before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared _ Douglas A. Rapp , who proved to me on the basis of satisfactory evidence to be the person(,d) whose name(o) islers subscribed to the within instrument and acknowledged to me that he/9hetthey executed the same in his/4@010eir authorized capacity(ie*, and that by hislkspAkeir signature($) on the instrument the person(t), or the entity upon behalf of which the person(Iii) 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 i�OF? DEBRA SWANSON COMM. # 1997119 X °-s NOTARY PUBLIC•CALIFORNIAX ORANGE COUNTY MY COMM, E%P, Nov 10, 2016 N (Seal) - AA, POWER OF ATTORNEY T• `RQV"F LE' R(S J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America SL Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company SL Paul Guardian Insurance Company Attorney -In Fact No. 224524 Certificate No. 005769486 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Timothy D. Rapp, and Douglas A. Rapp of the City of Aliso Vi6o , State of Califortlia , their one and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of January 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 22nd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company soy six s ,.N ixs su up6l;�'U�q,Jr�, irue�M2�r�� +a° o �I�L �c�y-�. a��'o>f e"teed(t- •soS..x. EP—oAn +[.io�Ey!':0� 1 rta%QnI`wPS' �w8?oaqL°i`tgAee�^�i �i° x°naarroxxson°. cs °° eaAwC°nrsrwwane. nr)8¢ :an$yey` 'Alb 19771coa.8 S.el l910 9n �p. 7 State a£ Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 22nd day of January 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G,T� In Witness Whereof, I hereunto set my hand and official seal. TIW My Commission expires the 30th day of June, 2016. * 'W!lL1GS 58440-8-12 Printed in U.S.A. Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the aumority of the following resolutions adopted by the Boards of directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: - RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall he valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farnington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 14th day of July —,2o 14 4n Hughe(istan[ Sec tory 2 pI.5aAt1L e a 6y ao.'`ars`9 4 �ptYY 5M0� G 07W gg'm2 19-rj�;tintj�o'SELLieNv,w sax+_ 1r._..Tra To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC June 9, 2015 Sequel Contractors, Inc. Attn: Thomas S. Pack 13546 Imperial Hwy San Fe Springs, CA 90670 Subject: Residential Street Overlay Program C-5523 Dear Mr. Pack: On March 24, 2015 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 2, 2015, Reference No. 2015000169688. The Surety for the bond is Travelers Casualty and Surety Company of America and the bond number is 105986845. Enclosed is the Labor & Materials Payment Bond. Sin4'J'PM, l 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.newportbeachea.gov EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 105986s45 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Sequel Contractors, Inc. hereinafter designated as the "Principal," a contract for the Residential Street Overlay Program 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, Travelers Casualty and Surety Company of America 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 One Million Two Hundred Sixty One Thousand Two Hundred Forty One Dollars and 001100 ($1,261,241.00) 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 of seq. of the Civil Code of the State of Cal'rfomia. Sequel Contractors, Inc. Page 3-1 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 been duly executed by the above named Principal and Surety, on the lath day of z,ly , ;�O1a . Sequel Contractors, Inc. Name of Contractor (Principal) Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive, Diamond Bar CA 91765 Address of Surety (909)612-3675 Telephone Agent Douglas A. Rapp, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Sequel Contractors, Inc. Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of LPS A= 1} . 4 On JUL 1 2➢14 before me,r,- Date Here Insert Name and Title of the Officer personally appeared Thomas & Pax Presidem - Nail of Slgnegs) �e11e1e111e1 e1H1e1NNN11Ne111e1N INN1 e r DANIEL BUSTAMANTE s C) #* VR[T y COMM. 42005801 � „� / NOTARY RUK C - CALFORNIA4 LOS ANGELES COUNTY p —+ Se1NeNH1NN�/e1H/eHExpires HHIJANUARY HNI2, 011 who proved to me on the basis of satisfactory evidence to be the person(o whose name( is/ilse, subscribed to the within instrument and acknowledged to me that heiyi ilii q executed the same in hisIkAw tylsil authorized capacity(Wer), and that by hisFbeMfitilrip signature() on the instrument the person(A), or the entity upon behalf of which the person(B'I 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 0�ef� Place Notary Sao l Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. / Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual G Corporate Off icer—Title(s): ❑ Partner — Ci Limited ❑ General Attorney in Fact - -71 Trustee Top of thumb here G Guardian or Conservator Other Signer Is Representing: Number of Pages: Signer's Name: — D Individual u Corporate Officer — Title(s): _ ❑ Partner —❑ Limited General ❑ Attorney in Fact - Trustee ❑ Guardian or Conservator Other: Signer Is Representing: 92007 National Notary Association, 9350 De Soto Ave., PO. Box 2402• Chatsworth. CA 91313-2402•w .Natlonafttarom Item #59W Reorder: Callmll-Free 1 -BOD -W6 W27 ACKNOWLEDGMENT State of California County of Orange ) On 07/14/2014 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(d) whose name(t) isMF& subscribed to the within instrument and acknowledged to me that he%heAhey executed the same in his1*ef4k& authorized capacity(iea), and that by hisA%44ek signature(y) on the instrument the person(i0), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. n .3°"°`"�v DEBRA SWANSON COMM. # 7997119 e% ND1ARYpUBU&CALIFORNIA %� 2' ' `t ORANGE COUNTY N Signature }-�cL c i`_(t ��'x (Seal) MY COMM, ERP, NOY 10, 2016 /� POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company 'Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 224524 Certificate No. 005769466 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Timothy D. Rapp, and Douglas A. Rapp of the City of Aliso Viejo , State of California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 22nd day of January 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company sy Air < A9.LNS ! V q tr aMa Y1� yyy.��� 193r O. � I9! ""•°�11W _ ��GIIRCOR.1,f:O _bi4RRY0R91�:. ^y � n ,l g / jn aamrosn, ■ xNlfosa tN6 =it�SR I9SI J -`SEAL "t O7 State of Connecticut City of Hartford ss. By: Robert L. Raney, giver Vice President On this the 22nd day of January 2014 before me personally appeared Robert L, Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G.TET In Witness Whereof, I hereunto set my hand and official seal. Qn:h C - �-I My Commission expires the 30th day of June, 2016. * t0(�L\G * Mane C. Temault, Notary Public 58440-8-12 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and. Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -m -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is _ FURTHER RESOLVED, that any bond, ramgnizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant in the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 14th day of July —20 14 sr x([ IN ( • Kevin E. Hughes, Assistant Sec tary p0. Yyd��yaypp+,�nYi 1$` 1951 Jp0.a\Y y �NS G ipi, RR}n 7SEo 19!9 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelmbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. RECORDING R,FQUI, STED BY AND WHEN RECORDED RE 'UA1,07 City Clerk City of Newpor�Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder ll�l l,'I ll��� 11 l� 11 l 111 l�� l 11 ��� l l I III l I ill 10 F E E *$ R 0 0 0 7 4 1 4 1 6 2$ 2015000169688 12:39 pm 04102115 37 402 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383"1 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Sequel Contractors, Inc. of Santa Fe Springs, CA, as Contractor, entered into a Contract on June 25, 2014. Said Contract set forth certain improvements, as follows: Residential Street Overlay Program C-5523 Work on said Contract was completed, and was found to be acceptable on March 24, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Travelers Casualty and Surety Company of America. BYE--� iMW ors 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. rExecuted on &61 �� ��t7 , at Newport Beach, California. BY a& oma. City Clerk 0 1. 1 FOR: TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: CITY OF NEWPORT BEACH City Council Staff Report March 24, 2015 Agenda Item No. 8 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov Alfred Castanon, Associate Civil Engineer (949)644-3314 Residential Street Overlay Program - Notice of Completion and Acceptance of Contract No. 5523 (CAP14-0013) On June 24, 2014, City Council awarded Contract No. 5523, Residential Street Overlay Program to Sequel Contractors, Inc. for a total contract cost of $1,260,941.00 plus $126,000.00 allowance for contingencies. 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 acceptance by the City Council. FUNDING REQUIREMENTS: Funds for the construction contract were expensed from the following accounts: Account Description Account Number Amount Gas Tax 7181-C2001012 $ 705,552.49 Landscaping (General Fund) 7013-C2002069 $ 115,672.51 M2 Fair Share 7282-C2001012 $ 458.900.00 Total: $ 1,280,125.00 M DISCUSSION: Overall Contract Cost/Time Summary The work necessary to complete this contract included replacing existing sidewalk, curb and gutter, curb access ramps, driveway approaches, removing the existing pavement, and re -paving with new asphalt concrete for 16th Street (from Placentia Avenue to street end), Monrovia Avenue (from 16th Street to city limits and from 15th street to street end), Production Place, La Vida and University Drive. Also included, was landscaping and irrigation for the existing dirt shoulder along 15th Street and Monrovia Avenue adjacent to the West 15th Street Gymnasium and Coastline Community College. The contract is complete to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $1,260,941.00 Actual cost of bid items constructed: $1,191,700.80 Total change orders: $ 88,424.20 Final contract cost: $1,280,125.00 The actual cost of bid items constructed was $69,240.20 less than the original bid amount due to less concrete needing replacement than originally estimated. The final contract cost was approximately 1.5 percent above the original bid amount with three change orders totaling $88,424.20. These change orders provided for root barriers, 2 new speed bumps at the Basin Marine parking lot, additional grinding and paving on Monrovia Avenue, and ADA improvements at 1599 Placentia Avenue. The ADA work on Placentia Avenue required a `Right -Of -Way" agreement with the property owner in order to remove existing planter walls that were encroaching on city property, removing three trees, and constructing new concrete sidewalk and driveway. This extended the work schedule completion date to January 16, 2015. A summary of the project schedule is as follows: Estimated Completion Date per 2014 Baseline Schedule October 31, 2014 Project Awarded for Construction June 24, 2014 Contract Completion Date with Approved Extensions January 16, 2015 Actual Substantial Construction Completion Date October 31, 2014 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. LIM Actual Awarded Contract Final Cost at Contingency %Due to %Due to Amount Completion Allowance Contract Directed Unforeseen Change Change Change $1,260,941.00 $1,280,125.00 10% or less +1.5% 100% 0% Allowed Contract Time (days) 55 Actual Time 0 Under (-) or Over (+) The work necessary to complete this contract included replacing existing sidewalk, curb and gutter, curb access ramps, driveway approaches, removing the existing pavement, and re -paving with new asphalt concrete for 16th Street (from Placentia Avenue to street end), Monrovia Avenue (from 16th Street to city limits and from 15th street to street end), Production Place, La Vida and University Drive. Also included, was landscaping and irrigation for the existing dirt shoulder along 15th Street and Monrovia Avenue adjacent to the West 15th Street Gymnasium and Coastline Community College. The contract is complete to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $1,260,941.00 Actual cost of bid items constructed: $1,191,700.80 Total change orders: $ 88,424.20 Final contract cost: $1,280,125.00 The actual cost of bid items constructed was $69,240.20 less than the original bid amount due to less concrete needing replacement than originally estimated. The final contract cost was approximately 1.5 percent above the original bid amount with three change orders totaling $88,424.20. These change orders provided for root barriers, 2 new speed bumps at the Basin Marine parking lot, additional grinding and paving on Monrovia Avenue, and ADA improvements at 1599 Placentia Avenue. The ADA work on Placentia Avenue required a `Right -Of -Way" agreement with the property owner in order to remove existing planter walls that were encroaching on city property, removing three trees, and constructing new concrete sidewalk and driveway. This extended the work schedule completion date to January 16, 2015. A summary of the project schedule is as follows: Estimated Completion Date per 2014 Baseline Schedule October 31, 2014 Project Awarded for Construction June 24, 2014 Contract Completion Date with Approved Extensions January 16, 2015 Actual Substantial Construction Completion Date October 31, 2014 ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301(c). This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. LIM 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). ATTACHMENTS: Description Attachment A - Location Mar) M. ATTACHMENT A COASTLINE CONIMUNIrY \ COLLEGE I I MOBILE HOME RARI< 15TH STREET o� LOCATION MAP NOT TO SCALE 00 RESIDENTIAL STREET OVERLAY CITY OF NEWPORT BEACH PROGRAM PUBLIC WORKS DEPARTMENT LOCATION MAP C-5523 03/24/2015 8-4 4liTy OF COSTA MESA w I-PY OF I T NEWPORT BEr-j Iu — 16TH S REET II J l L L — w 16TH STREE- CIT Y OF z JF'ORT S CH > II_IT�ES YARD Q s 0 z o P ODUCTION PL, I \ C�1RDE1�l HALL SCHOOL If I I I i -11 1 COASTLINE CONIMUNIrY \ COLLEGE I I MOBILE HOME RARI< 15TH STREET o� LOCATION MAP NOT TO SCALE 00 RESIDENTIAL STREET OVERLAY CITY OF NEWPORT BEACH PROGRAM PUBLIC WORKS DEPARTMENT LOCATION MAP C-5523 03/24/2015 8-4 E - El UNIVERSITY DRIVE UPPER iNEVVPORT BAY REGIONAL PARK LOCATION MAP NOT TO SCALE LA VIDA 0 J G Q 2 Q 801NITA CREEK PARK s o� LOCATION MAP NOT TO SCALE RESIDENTIAL STREET OVERLAY PROGRAM LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5523 1 03/24/2015 5 CITY OF NEWPORT BEACH CITY CLERK'S OFFICE Qq�r X,\[,e lani Brown., MMC March 26, 2015 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Residential Street Overlay Program Contract No. 5523 Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely Leilani I. Brown, MMC City Clerk Enclosure 1.00 Civic Center- Drive a Post Office Box 1768 e Newport, Beach. California 926158-8917 ,rc�i(�piacu)(-,,: (949) 641/1-30W) e Fax: (c).' 9) 6,14 -3039 0 ".WwAl wp:7rtbe chca_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 Sequel Contractors, Inc. of Santa Fe Springs, CA, as Contractor, entered into a Contract on June 25, 2014. Said Contract set forth certain improvements, as follows: Residential Street Overlay Program C-5523 Work on said Contract was completed, and was found to be acceptable on March 24, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Travelers Casualty and Surety Company of America. BY� PubdMo4rks- 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. �J Executed on &lrdl mo at Newport Beach, California. BY a&- ��,p City Clerk LqQ RI -7 I\1 FD CNB Public Works 2015 KAR _9 ppl 3: 36 MAR ® 9 2015 tic Received RE OF STOP PAYMENT NOTICE (Civil Code § 8128) Date Copies Sent To: TO: CITY OF NEWPORT BEACH (CONTRACT # 5523) City Council (owner, construction lender or public entity) City Manager 100 CIVIC CENTER DRIVE ity Attorney (address) File NEWPORT, CA 92660 P r YOU ARE HEREBY NOTIFIED that the undersigned claimant releases that certain Stop Payment Notice dated 2/17/15 , in the amount of $ 7,513.45 against CITY OF NEWPORT BEACH public body and SEQUEL CONTRACTORS, INC. as owner or as direct contractor in connection with the work or improvement known as RESIDENTIAL STREET OVERLAY PROJECT- VARIOUS LOCATIONS in the City of NEWPORT BEACH , County of ORANGE , State of California. This Release of Stop Payment Notice is given pursuant to Civil Code section 8128 and shall be effective only to release the Stop Payment Notice identified in this document and shall not release any other claim or rights to enforce payment of the Claimant. Date: MARCH 04, 2015 Name of Claimant: PAVEMENT RECYCLING SYSTEMS, INC. Address: 10240 SAN SEVAINE WAY, JURUPA VALLEY Telephone: 951-682-1094 By: EPHEN PANWO=PRE�SIDENT� (Title) VERIFICATION I, the undersigned, state: I am the PRESIDENT of the claimant named in the foregoing Release; I have read said Release of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. MARCH 04 JURUPA VALLEY Executed on , 201�j , at ,State of C Si C&B Forms 03/2012 or Authorized Agent Stop Payment Notice LSI. CALIFORNIA CIVIL CODE SECTION 8044 NOTICE TO: CITY OF NEWPORT BEACH- 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 (If Private Job- File with responsible officer or person at office or branch of construction lender admi construction funds or with the owner - CIVIL CODE SECTIONS 8500 - 8560) R r F!\/FD 17 (If Public Job - file with office of controller, auditor, or other public disbursing officer whose duty it is to make paytflet�,, under provisions of the contract -CIVIL CODE SECTIONS 9350 - 95 10) i c H Prime Contractor: SEQUEL CONTRACTORS, INC- 13546 IMPERIAL HIGHWAY, SANTA FE SPRINGS, CA 90670 Sub Contractor: (If Any): Owner or Public Body: CITY OF NEWPORT BEACH- 100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 Improvement known as RESIDENTIAL STREET OVERLAY PROJECT VARIOUS LOCATIONS, NEWPORT BEACH County of ORANGE , State of California. PAVEMENT RECYCLING SYSTEMS, INC Claimant, a CORPORATION furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipme t, o m t i s n 0 is SEQUEL CONTRACTORS, INC- 13546 IMPERIAL HIGHWAY, SANTA FE SPRINGS, CA 90670 '00 N The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was: m MILL AC PAVEMENT = n n-? Co Total value of labor, service, equipment, or materials agreed to be furnished ................ $ 74,601.44 C — 1> ;r V Total value of labor, service, equipment, or materials actually furnished is .................. $ 74,601.44 0-0 _ Credit for materials returned, if any................................................................ $ 0.00 Amount paid on account, if any..................................................................... $ 67,087.99 � Q Amount due after deducting all just credits and offsets .................................... I ..... $7,513.45 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 7,513.45 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 8532) attached. (Bond required with Stop Payment Notice served on construction lender on private jobs - bond not required on public jobs or on Stop Payment Notice served on owner on private jobs). Date: FEBRUARY 17, 2015 Name of Claimant: PAVEMENT R-ECCYCL�IA},OSY!�T.E-MS,,It C- STEPHEN CONCANNON, PRESIDENT VERIFICATION I, the undersigned, state: I am the PRESIDENT of the claimant named in the foregoing Stop Payment Notice; I have read said claim of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on FEBRUARY 17, 2015 By: State of California, REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this Stop Payment Notice by reason of a payment bond having been recorded in accordance with Sections 8600, 8536 or 8542, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Section 8538. Signed: NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00 AM on the 22nd day of May, 2014, at which time such bids shall be opened and read for RESIDENTIAL STREET OVERLAY PROGRAM Contract No. 5523 $ 1,300.000.00 Engineer's Estimate Uavia H. vvenn 'J!� City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" For further information, call Alfred Castanon, Project Manager at (949) 644-3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www. NewportBeachCA.gOv CLICK: Online Services/Bidding & Bid Results City of Newport Beach RESIDENTIAL STREET OVERLAY PROGRAM Contract No. 5523 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD... ...................... .......................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 17 INFORMATION REQUIRED OF BIDDER..................................................................... 18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT.................................................................................................................. 22 INSURANCE REQUIREMENTS .............. ................................ ............... .............. A-1 LABOR AND MATERIALS PAYMENT BOND .................... .............................. ..... B-1 FAITHFUL PERFORMANCE BOND.................................................................... C-1 PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS... ................. - ................ ..................................................... SP -1 2 City of Newport Beach RESIDENTIAL STREET OVERLAY PROGRAM Contract No. 5523 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder, In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 : -�07VMFECI , In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 61 Contractor's License No. & Classification MAY 2 2 1914 Date S. Nacx President C! City of Newport Beach RESIDENTIAL STREET OVERLAY PROGRAM Contract No. 5523 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed. Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: MARTIN62.. CUNLRC7� Address: �� 9 7,o w FpaiHli (- Az.uy} �Y.6 d - Phone -&7&)33+2q74? a State License Number: *3c' 4 q l ) Email Address: Name:' (-I RA SP C cwt PE}N `l Address: *2 Z Sd S L O C.q L 9trL�O,A IA/(.,TDrJ cj Phone: <<y0ct)-7qt®-03S(,:, State License Number: T71/&406 Email Address: Name: S Address:Lc- ►�aN2o VilA a Phone: (& 2 (p) 3 S C1 -'(A 2 j Cs State License Number: L S (0 7'71 Email Address SEOIAL GOITM9CT GM 00 _ Thumas S. Pack Bidder A o 1 Si re/Title Presi /dW MKIEL 4,-t City of Newport Beach RESIDENTIAL STREET OVERLAY PROGRAM Contract No. 5523 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: SIERRA LA-tDf(APC bC. . Address: (I Z LI S 54iv74hu'7t AVEj AP -CA -01,q Phone: (lG 2G) '4y7--Sz. GO State License Number: S I L4 c{ .*3 a Email Address: Name: CIS 6.NCrINCErzIf Address: L �{' hU CNi-C I a� Phone:((,, -2Q BIC> - State License Number: -79'390-7 Email Address: Name: F KK Address: I6'2. �{6 S ,5�; VN/N� WP'1 y ,j 1zUAot-VAL(-fY Phone: O SO 6 oz- /a 91 State License Number. 5 3S 2 Email Address L C Y" 1 G -, Jhomas S. Pack Bidder A o r.. Si re/Title Presidw 8 SEQML CfJWW, =92VIC City of Newport Beach RESIDENTIAL STREET OVERLAY PROGRAM Contract No. 5523 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information �! Bid Item Description of Work p %of Number j Total Bid Name: Address: ' Phone: State License Number: Email Address: Name: Address: i Phone: j State License Number: Email Address: Name: Address: i Phone: State License Number: Email Address COKM�C-mklla, NrThorn�s . Pack Bidder Ayif o Iz Si re(fitle Presi� 8 City of Newport Beach RESIDENTIAL STREET OVERLAY PROGRAM Contract No. 5523 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name SOO()& COKWCTIC111111112, 00 FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number IMPROV CV�11_�ny7"S Project Description Oop�o Cco sor)-neucri a A�Approximate Construction Dates: From cr 2oi � To: cc -r 2 o l ? Agency Name Co t� t D1' L%} 1 A 1(2n,,o. Contact Person fowl mot -ENO Telephone (S62) It R7 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) AJ/8 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. 9 Sawa i )RJB l, , No. 2 Project Name/Number ANNu6L RoADwliy ANb Sl blE iJALK W& Project Description� c�1}i� Cor4ST Kv C,, -r, of Approximate Construction Dates: From AU(- 2v1� To: N oV Z a► � Agency Name ` J T�'{ 0 � t V ST)rl Contact Person L DD '4 JA -1, Telephone (714) s'7?7 Original Contract Amount $ Final Contract Amount $�¢ / 1 Coy 2 f _L7 If final amount is different from original, please explain (change orders, extra work, etc.) NIA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly expl in and indicate outcome of claims. No. 3 Project Name/Number STReeT trv7?P-C>yCM ErJT1 Fv ZD) 2 - l .? Project Description RD/}A Cy/J.fTp- o<-7lot') Approximate Construction Dates: From -KAY &)IJ To: JUL `f Zdl7' Agency Name l /^ i'7 --f of 1/\JC-f-eW Contact Person /Ucrvi6fJ Telephone (3sn) Original Contract Amount $ Final Contract Amount $ /.; Z 9`f,, If final amount is different from original; pease explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. IN SEQUEL4i ri V a t'N ry (moi bis is « . No. 4 Project Name/Number Project Description 12oA -,-� �oN 51 R U L -7y o� Approximate Construction Dates: From JULI 2013 To: , ep 201 3 Agency Name Contact Person -AVC 40dl Telephone 353 Fj 0 Original Contract Amount $ Final Contract Amount $ 'r OC) -77 (�. — e If final amount is different from original, plgVe explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Rn -i) LisY2UC.?/od Approximate Construction Dates: From � To: 6ffZ 2013 Agency Name Contact Person .J IZ034 130/41 l LA- Telephone (Set JL& Original Contract Amount $ Final Contract Amount $ S If final amount is different from original, plea? plain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. I No 11 No. 6 Project Name/Number Project Description Si(2 EE --J I YVP2o VEJt,r e,) J r G' Approximate Construction Dates: From JU(I 201?—To: Dc -i! "?oJZ Agency Name 00.1) -/Z Contact Person :&N%� ! rld ye-o"'J Telephone (3110 L/% 5 _9 Original Contract Amount $ Final Contract Amount $ iIt 2 S2, 35 $. If final amount is different from explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial state ent and 0th r information sufficiently comprehensive to permit an appraisal of th ntractor�'s urrent financial conditions. ,//?' 12 SEQUEL CONTRACTORS� INC. ST. LIC #610600A 13546 IMPERIAL HWY SANTA FE SPRINGS, CA 90670 Fax (562) 802-7499 (562) 802-7227 Office I 6. 5. STATEMENT OF EXPERIENCE OWNER: CITY OF LA MIRADA ADDRESS: 15515 PHOEBE AVE. LA MIRADA. CA 9068 PHONE NO. (562) 943-0131 CONTACT: TONY MORENO PROJECT: FOSTER PARK STREET IMPROVEMENTS PHASE 3 PROJECT AMOUNT: $650.121.97 COMPLETION DATE OCTOBER 2013 OWNER: CITY OF TUSTIN ADDRESS: 300 CENTENNIAL WAY TUSTIN, CA 93780 PHONE NO.: (714) 573-3157 CONTACT: EDDY JAN PROJECT: ANNUAL ROADWAY AND SIDEWALK REHAB PROJECT AMOUNT: $ I ,136;251.87 COMPLETION DATE NOVEMBER 2011 OWNER: CITY OF INGLEWOOD ADDRESS: ONE MANCHESTER BLVD INGLEWOOD. CA 90301 PHONE NO. (310) 412-5333 CONTACT: HUNTER NGUYEN PROJECT: STREET IMPROVEMENTS FY 2012-13 PROJECT AMOUNT: COMPLETION DATE OWNER: ADDRESS: PHONE NO.: CONTACT: PROJECT: PROJECT AMOUNT: COMPLETION DATE $1.294. 140,16 JULY 2013 CITY OF LOS ALAMITOS 3191 KP.TELLAAVE LOS ALAMITOS. CA 90720 (562),131-3538 DAVE HUNT COMMERCIAL STREEI IMPROVEMENT $600.776.30 SEPTEMBER 2013 OWNER: CITY OF CERRITOS ADDRESS: 18125 BLOOMFIELD AVE. CERRITOS. CA 90703 PHONE NO.: (563) 916-1339 CONTACT: FREDY BONILLA PROJECT: 1838"STREET IMPROVENIENTS PROJECT AMOUNT: COMPLETION DATE $539.8'_3.96 APRIL 2013 SEQUEL CONTRACTORS� ENC. ST. LIC N610600A 13546 IMPERIAL HNA7 E' SAN'T'A FE SPRINGS, CA 90670 Fax (762) 802-7499 (562) 802-72:7 Office STATEMENT OF EXPERIENCE 6. OWNER: CITY OF INGLEWOOD ADDRESS: ONE MANCHESTER BLVD INGLEWOOD. CA 90301 PHONE NO.: (3I0) 412 -*5333 CONTACT: HUNTERNGUYEN PROJECT: STREETIMPROVEMENTS FY 2011-12 PROJECT AMOUNT: COMPLETION DATE 7. OWNER: ADDRESS: PHONE NO.: CONTACT: PROJECT: S. PROJECT AMOUNT: COMPLETION DATE $1252355.09 OCTOBER 2012 CITY OF UPLAND 1370 NORTH BENSON UPLAND. CA 91786 (909) 291 2930 EDDIE RHEE PINE STREET IMPROVEMENTS 1857.749.58 DECEMBER 201 OWNER: CITY OF ROLLING HILLS ESTATES ADDRESS: 4045 PALOS VERDES DRIVE NORTH ROLLING HILLS ESTATES. CA 90274 PHONE NO.: (909) 957-0188 CONTACT: BARRY KNUTSON PROJECT: HAWTHORNEBLVD IMPROVEMENTS PROJECT AMOUNT: COMPLETION DATE $707.105.69 AUGUST 2012 9. OWNER: CITY OFLYNWOOD ADDRESS: 11330 BULLIS ROAD LYNWOOD. CA 90262 PH ONE NO.: (310) 800-6904 CONTACT: JORGE ROQUE PROJECT: JOSEPHINE STREET IMPROVEMENTS fly PROJECT AMOUNT: COMPLETION DATE 5544-195.19 AUGUST 2012 OWNER: CITY OF MONTTCLAIR ADDRESS: 51 l l BENITO STREET MONTCLAIR. CA 91763 PHONE NO.: (909) 7,21-1760 CONTACT: STEVE STANTON PROJECT: VARIOUS INTERSECTION IMPROVEMENTS PROJECT AMOUNT: COMPLETION DATE 5389.723.00 JULY 2012 SEQUEL CONTRACTORS, I.N.C. ST. LIC 0610600A 13546 IMPERIAL HW 4' SANTA FE SPRINGS, CA 90670 Fax (562) 862-7499 (563) 802-7227 Office STATEMENT OF EXPERIENCE 11, OWNER: CITY OFANAHEIM ADDRESS: 200 S. ANAHEIM BLVD ANAHEIM. CA 92805 PHONE NO.: (310),525-0684 CONTACT: ALAN BRAATVEDT PRO.IEC'L KATELLA AVE. SMART STREET PROTECT AMOUNT: $6.440.769.00 COMPLETION DATE OCTOBER2011 13. OWNER: CITY OF TUSTIN ADDRESS: 300 CENTENNIAL WAY TUSTIN. CA 92780 PHONE NO_: (714) 573-3175 CONTACT: ERIC LOKE PROJECT: ANNUAL. ROADWAY AND SIDEWALK REHAB PROJECT AMOUNT: 53,455.881.00 COMPLETION DATE SEPTEMBER 2011 13. OWNER: PORT OF LONG BEACH ADDRESS: 9^_5 HARBOR PLAZA LONG BEACH. CA 90802 PHONE NO.: (562) 590-4172 CONTACT: MICHAEL MELGOZA PROJECT: WEYERHAEUSER PAVEMENT REHAB AT PIER T PROTECT AMOUNT: $4.063.704.94 COMPLETION DATE MARCH 2011 14. OWNER: CITY OF WEST HOLLYWOOD ADDRESS: 8300 SANTA MONICA BLVD, WEST HOLLYWOOD. CA 90069 PHONE NO.: (323) 848-6475 CONTACT: DON UYENO PROTECT: SUNSET BLVD REVITALIZATION PROJECT AMOUNT: 54.775.274.00 COMPLETION DATE SEPTEMBER 2010 15. OWNER: CITY OF ANAHEIM ADDRESS: 200 S ANAHEIM BLVD ANAHEIM. CA 93805 PHONE NO.: (714) 765-5285 CONTACT: ROBERTPALAEOLOGUS PROJECT: KATELLA AVE SMART STREET PROJECT AMOUNT: S4.08Z034.75 COMPLETION DATE FEBRUARY 2010 SEQUEL CONTRACTORS, INC. ST. LIC #610600A 13546 IMPERIAL HIGHWAY SANTA FE SPRINGS, CA 90670 FAX (562) 802-7499 (562) 802-7227 OFFICE RESUME FOR THOMAS S. PACK Sequel Contractors, Inc. President and Treasurer TRAINING: Twenty-eight years in the industry with three years of experience in mechanical construction and engineering, twelve years of experience in private industry road building estimating both Public Works and Private Works and four years as an executive. Responsible for start up, management and completion of the final product. WORK EXPERIENCE: Sequel Contractors, Inc. 1995-Presentiv President & Treasurer Vice President & Secretary Executive and Project Manager Shawnan Corporation 1991-1995 Vice President & Secretary Chief Estimator and Project Manager for Public Works Boral Resources 1988-1991 Estimator for Public Works & Private Works Sully Miller Co. 1983-1988 Estimator for Public Works & Private Works Fluor Constructors 1980-1983 Warehouse Administrator resume.tsp SEQUEL CONTRACTORS� INC. ST. LIC #610600A 13546 IMPERIAL HIGHWAY SANTA FE SPRINGS, CA 90670 FAX (562) 802-7499 (562) 802-7227 OFFICE 1=10=10100 ABEL MAGALLANES Sequel Contractors, Inc. Vice President and Secretary TRAINING: Twenty-nine years in the construction industry working in all phases of road building and asphalt placement. Started by working with fine grade construction crews in preparing the grade prior to asphalt paving, operating heavy equipment and working with crews to set grade elevations and finally working as a foreman and superintendent. . Eventually, I became part owner of my own company. WORK EXPERIENCE: Sequel Contractors, Inc. 1990 -Presently Operating my own company doing public and private street construction projects. Responsible for street construction; coordination of crews, equipment, materials and subcontractors; and working with inspectors and engineers. Shawnan Corporation 1984-1990 Working as a Foreman, Superintendent and Project Manager in charge of large street project and L.A. Harbor Backland Improvements. Excel Paving Company 1979-1984 Worked with construction crews preparing grades and paving; checked grade elevations; and operated construction equipment. SEQUEL CONTRACTORS, INC. ST. LIC N610600A 13546 IMPERIAL HVV Y SAN'T'A FE SPRINGS, CA 90670 Fax (_5621802-7499 (562) 802-7227 Office MICHAEL A. MAHLER Sequel Contractors, Inc. Assistant Secretary and Chief Estimator TRAINING: Fifteen years in estimating and project managing for both Public and Private Works General Engineer Construction with one year experiences in Building Construction. Earned a Bachelors of Science degree in 1996 from California State University at Long Beach in Engineering Construction Management. WORK EXPERIENCE: Sequel Contractors, Inc. 1996- Present Assistant Secretary, Chief Estimator & Scheduler. Senior Project Manager Responsible for Bid Review, Bidding Schedule and Overall Operations of the Estimating & Project Manager Department, Storm Water Pollution Prevention Manager Shawnan Corporation 1994-1996 Estimator for Public & Private Works Project Engineering for Port of L.A. Berth 300 Backland Improvements Project Management Contractors Labor Pool 1993-1994 Finished Carpenters Assistant General Laborer & Rough Carpentry "RESUMEMAM" City of Newport Beach RESIDENTIAL STREET OVERLAY PROGRAM Contract No. 5523 NON -COLLUSION AFFIDAVIT State of California ) ) ss, County of LOS AMKES Thomas S. Pack , be�inpp±first duly sworn deposes and says that he or she is Q$ir ant of �.T�GUEL CQ%� Ji`t� i l?syS. I! w + the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I I declare under penalty of perjury of the laws of the SEAL CONTW=OrIS, tZ Bidder is true and correct. S. Pack_ Widest Subscribed and sworn to (or affirmed) before me on this day of 2013 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 13 Notary Public My Commission Expires: State of California County of LOS ANGELES 2014 2 2 On MAY before me, DafeHere Insert Name and Title of the Officer _ ' personally appeared Thomas S, Pack sl� -ii who proved to me on the basis of satisfactory evidence to be the person(il whose name(* is/fie subscribed to the within instrument and acknowledged to me that ++ee++e+♦eeeeeee+ee+e+oe<eeeeoseeeeeeeeeee helobWtlaw executed the same in his/la� authorized + , DANIEL BUSTAMANTE e' capacity(isWj, and that by his/OeWt signature(g) on the o .r 4 COMM. #2005801 instrument the person(t•), or the entity upon behalf of 2 NOTARY PUBLIC CAL=ORN,A p which the person(s) acted, executed the instrument. e LOS ANGELES COUNTY Idy commissloo E.v�tos dANaaRY 2,. 2pt, j I certify under PENALTY OF PERJURY under the laws Zeeeeeee+�e+eeseeeee<o<ee+ee JANJARee'e20'?a of the State of California that the foregoing paragraph is true and correct. WITNESS my -band and official seal. J" /—V Signature � �' Place Notary Seel Abova Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: D Individual D Individual C, Corporate Officer — Title(s): ❑Corporate Officer Title(s): Partner — ❑ Limited - General E Partner —D Limited D General Attorney in FactD Attorney in FactWfiffiffm �. Trustee Top of thumb here D Trustee Ton of thumb here = Guardian or Conservator D Guardian or Conservator Other: D Other: Signer Is Representing: Signer Is Representing: r?20D7 National Notary Asvociation•9350 De Soto Ave, P.O Box 2402•Chatswooh,CA 913132402•www.NationalNotary.orc,,. Itemk5907 Reorder: Call Toll -Free 1.800-8Tc-6827 City of Newport Beach RESIDENTIAL STREET OVERLAY PROGRAM Contract No. 5523 DESIGNATION OF SURETIES Bidder's name SE13LIEL CON rRIZV AS. �%Z Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): -21 to 0 8 C- 13 13 Pa M T City of Newport Beach RESIDENTIAL STREET OVERLAY PROGRAM Contract No. 5523 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Record Last Five (5) Full Years Current Year of Record tie information requirea Tor these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2013 2012 2011 2010 2009 Total 2014 No. of contracts LJj t �,,� 8 I� to ' b J � Total dollar Amount of Contracts (in 5 900 , ono 000 t , o�c Ile, 0 0 ,toy oop 23 moo S-71 Thousands of $) I3� No. of fatalities 0 p O D No. of lost Workday Cases p 0 No. of lost workday cases involving v D 8 b permanent transfer to another job or termination of employment tie information requirea Tor these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder SEOLIEL COtn13AC1Dftrk,z.•. Business Address: T3W IMPERIAL MAN. Business Tel. No.: f 802-7227 SANIA FE SPRING$, CALIF, 40 670 State Contractor's License No. and Classification: 61060GA Title Thomas S, Pam ®Si e The above information was compiled from the records that are available to me at this time and I declare under pen,4y of perjury that the information is true and accurate within the limitations of those rocords,,-y^ Signature of bidder Signat of bidder Date NAY 2 2 tote Title Wto to ' HLIES.A Signature of bidder Date --- Title Signature of bidder --- Date Title 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 authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIAACKNOWLEDGMENT State of California County of LOS ANGELES On MAY 2 2 2014 before me, m, Date Here Insert Name and Title of the Officer personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) */are subscribed to the within instrument and acknowledged to me that 010109101A11100091/0®6141010090000000001166 i DANIEL BUSTA1v1ANTE s l�/swre/they executed the same in tus/heYltheir authorized COMM. NTMIA t capacity(ies), and that by h!S/her/their signature(s) on the -ea instrument the person(s), or the entity upon behalf of NoiaRv au3uc - COUNAL TRN'n p which the person(s) acted, executed the instrument. Commission tos aNCE�es couNTv p ( ) �A4111164AA41 comm.ires JANdAAY 31, 2,," I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myy hand and official seal, Signature Al- ��� Place Notary Seal Above p� q Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Individual E Individual D Corporate Officer—Title(s): (_ Corporate Officer —Title(s): Partner — ❑ Limited D General D Partner Limited General Attorney in Fact W199fism u Attorney ir Fact ❑ Trustee Top of thumb here J Trustee Top of thumb here Guardian or Conservator D Guardian or Conservator CI Other: D Other: Signer Is Representing: Signer Is Representing: � U2007 National Notary Association- 9350 De Sote,Ave., Poe. 2402•Chalsu'ortb. CA 91313-2402- W.Nahorchiotary.org Item#5907 Reorder Cell Tali 1-800-878$827 City of Newport Beach RESIDENTIAL STREET OVERLAY PROGRAM Contract No. 5523 ACKNOWLEDGEMENT OF ADDENDA Bidder'si, ? O The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Si nature 17 City of Newport Beach RESIDENTIAL STREET OVERLAY PROGRAM Contract No. 5523 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: SWIRL CONTRACTORS,W 13546 IiVli'MAL HVVY. Business Address:_gANTA FE 3pglNC S C -Al &906M Telephone and Fax Number: ME) -7 i roG 3-02-74G-3 California State Contractor's License No. and Class: 61CWOA (REQUIRED AT TIME OF AWARD) Original Date Issued: 1 3 ! 4 I Expiration Date: 1 1.3 1 I15 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: ThWas S. Pack Presides . The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone 7.?< v Corporation organized under the laws of the State of CALIFORNIA M SEQUEL CONTRACTORS9 INC. ST. LIC #610600A 13546 IMPERIAL HWY SANTA FE SPRINGS, CA 90670 Fax (562) 802-7499 (562) 802-7227 Office ACTION BY UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF SEQUEL CONTRACTORS, INC. The undersigned being all of the Directors of SEQUEL CONTRATORS, INC. a California Corporation, do hereby take the following action by this written consent at a meeting of the Board of Directors held on April 4. 2014 in accordance with the Bylaws of the Corporation and the California Corporation Code. WHEREAS, the Board of Directors deems it advisable to authorize the officers of the Corporation, Abel Magallanes, Thomas S. Pack and Michael A. Mahler, respectively, to execute bid bonds on behalf of the Corporation with any agency, person, company or municipality; RESOLVED FURTHER, that Abel Magallanes, Thomas S. Pack and Michael A. Mahler are authorized to execute labor, material. and faithful performance bonds in connection with contracts to be entered into with any agency, person. company or municipality; RESOLVED FURTHER. that Abel Magallanes, Thomas S. Pack and Michael A. Mahler are authorized and directed to execute and deliver street improvement contracts and related agreements with any agency, person, company or municipality on such terms conditions as they deem advisable in their sole discretion; RESOLVED FURTHER, that Abel Magallanes, Thomas S. Pack and Michael A. Mahler be, and they hereby are authorized by their sole signatures on any document to bind this corporation to contract, bids, bonds, etc.; RESOLVED FURTHER, that Abel Magallanes, Thomas S. Pack and Michael A. Mahler be. and they hereby are authorized and directed to take any and all such other actions and execute such other documents as may be necessary or appropriate to carry out the purposes of the foregoing authorizations. In witness thereof, the undersigned Directors have executed this unanimous written consent to indicate this adoption of the consent of the foregoing resolution and the action set forth therein. Assistant Secretary GGA /'fl�%i Abel Magallanes Director, Vice President & Secretary The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: aw* 5.611i f. For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; A ok Have you ever had a contract terminated by the owner/agency? If so, explain. A.) D Have you ever failed to complete a project? If so, explain. :i 0 For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /0 M Are any claims or actions unresolved or outstanding? Yes /CrGI If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Bidder Th=as s.ft (Print nape pf Owner prClkbsident Title r MAY 2 2 2014 Date IM {4TTA."a On 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t 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 seat. (SEAL) Notary Public in and for said State My Commission Expires: 20 CALIFORNIA1ACKNOWLEDGMENT State of California County of LOS LES On MAY 2 2 2014 before me, Date Here Insert Name and Trio of the Ofecer ' personally appeared Thomas S, Pact( President Neme(s) of Slgner(s) ±116ff1111/ f H411469116NH41/f11l111 H! 401 r DANIEL BUSTAMANTE C) COMM. #2005801 NOTARY PUBLIC - CAL`ORN!A p 9 , LOS ANGELES COUNTY Tf.4f1.}4}g9N{Of/100/0040/000♦f01pf41�p410 who proved to me on the basis of satisfactory evidence to be the personal whose name(2) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ios), and that by his/tler/therr signature(a) on the instrument the person*, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd and official seal. Place NotaSignature Notary Seel Abovo Slonatnre of Notary Public Though the information below is not required by lair, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I, Individual Corporate Officer—Title(s): ❑ Partner — 7i Limited El General Ci Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTNUMBPRINT OFISIGNERTop of thum �here Number of Pages: Signer's Name: ❑ Individual 0 Corporate Officer—Title(s): G Partner —D Limited d General Attorney in Fact Trustee U Guardian or Conservator '•I Other: Signer Is Representing: 02007 National Notary Association -9350 be solo Ave., PC Box 2402 •Chatsworth, CA 91313-2402• www NationalNolary.org Item#5907 Rearden. OallTon-Free 1-8W B76-6827 City of Newport Beach RESIDENTIAL STREET OVERLAY PROGRAM Contract No. 5523 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Propertv-Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL RESIDENTIAL STREET OVERLAY PROGRAM CONTRACT NO. 5523 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: PR1of12 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 5523 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 0 2 3. Lump Sum Mobilization/Demobilization & Cleanup @JIf" ►1400,44 Dollars and °b Cents $ 50600- Per Lump Sum Lump Sum Surveying Services @TWENJ" TWou1hN! Dollars and 00 'Z tErZ6 Cents $ 2b100r-). — Per Lump Sum Lump Sum Traffic Control -FHO 03414 @TwENr`I TH"c Dollars and 00 Cents $ 23,000, Per Lump Sum —T-- SEWE LoR. PR2of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE G! 5 '3 7 91 350,000 S.F. Cold Mill Asphalt Pavement (Variable Depth 0" to 1-1/2") @ Dollars Cents $ , Ide $ al � l? Per are Foot 3,800 TN Construct 2" Thick AC Overlay Course Type III -C3 -AR -4000 @ S 1)4" N I Al C Dollars and $ Co�. � $ 2 (A.A 2 C) G . Per Ton 300 TN Construct AC Leveling Course Types 111-B -PG 64-10 ��v Dollars and 60 Cents $ C $ G Per Ton 50,000 S.F. Sawcut and Remove Existing AC/AB Street Section and Native Soil (6" Depth) @ —Dollars 1 and --ao �/ ''/t✓�° Cents $ $ Per Square F of 1,200 TN Construct A.C. Base Course Type III -B2 -PG 64-10 (4-1/2" Thick) @ S U ANT y Dollars QU and coCents`e� o Cents $ 7d. $ 8q oOb. Per Ton �— 3,500 L.F. Remove and Reconstruct 6" PCC Curb & Gutter Per CNB Std -182-L @ ro�Ty Dollarsand oU ZYLCJ Cents $ 70. $ l7U ODU. Per Linear Foot —� e PR3of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 15 EA. Remove and Construct P.C.C. Access Ramp Five HvaD� @ TW ° Tt`l60J4ND Dollars and 00 2L12 y Cents $ 2 S UD, Per Each 11. 2 EA. 12. 1,800 S.F 13. 11,000 S.F 14. 1,000 S.F 15. 10,000 S.F Install Truncated Domes at Existing Access Ramp Per CNB Std -181-L @ ONE TttoQS Arb Dollars and ap '2fL1ZC> Cents $ 0 Per Each Remove and Construct 8 -Inch Thick P.C.C. Sidewalk Cross gutter @ 1!_t CNT'f Dollars and pp o0 Z Edd Cents $ 20. $ 2 Per Square Foot10 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk @ S Ey t N Dollars and 15P'00 2 O Cents $ �_ $ 77 ©00 Per Square Foot Remove and Replace Residential Driveway Approach Dollars r. and Q Op O `Z b Cents $ V . $ g ODU. Per Square Foot T— Remove and Replace Commercial Driveway Approach @ 'fW 6_Ly E Dollars and l? iOb o0 2c Pa Cents $ $ Per Square Foot P"wo7m # �� PR4of12 I i CM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 17 IN 19 IO 15 EA. 5 EA, Lump Sum Prune ee R ots and Install Root Barrier @AV, k/*/Cbollars and /%�y�, ev -- Per Each Cents Remove Tree oN� . v$9Na Five PUNARLcb @ 1-1146 Dollars ZErzy and Cents Per Each Remove and Replace P.C.C. Catch Basin Cap, Grate, and Ma�ole/Lid (4'x 22') @60� Dollars and Cents Per Lump Sum 15 L.F. Remove and Reconstruct PCC Local @ —Dollars and Cents Per Linear Foot 1 EA. Remove Existing and Relocate New Fire Hydr =Dollars @ and Cents Per Each 21. 85 EA. Depression ac' o0 7, 5ov --- 6, Remove and Replace Existing Water Valve Box Frame and Cover and Adjust To Grade @"�HR�� f1UND'�ED Dollars and ®v Z� a Cents $ 300— Per Each PR5of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 1 EA. Remove and Replace with New Water Meter Box & Cover and Adjust To Grade @_ FVC � 01JUd Dollars and oo Do -2- Cents $ $ S Uy Per Each 23. 1 EA. Remove and Replace Sewer Main Cleanout Frame & Cover and Adjust To Grade @FIVE 4Q10RC-b Dollars o and ao 66 2--6 Cents $ �jp4 $ StSCJ , Per Each 24. 20 EA. Adjust Manhole Frame and Cover To Grade @TMCIE - &4PA6Dollars and y ob ZC� Cents $ JOU. $ G2,OC�C7. Per Each - 25. 20 EA. Furnish New Survey Monument Frame and Cover and Adjust To Grade @ It{f-EE NdrIDR.tDDollars o0 and m ,.-- ze o Cents $ 3 ob. $ dW . Per Each 26. 120 L.F. Construct Modified Reinforced Concrete Retaining Wall Type 7 per SPP d. Plan 616-2 (Cp Ilars and Q� z� Cents $ $ Per Linear Foot 27. 24 EA. Remove and Replace Existing Traffic Signal Loop F F-rf @SWI) Hu/Je96b Dollars and o0 00 Cents $ 2�a - $ %� 000 - Per Each C . FIR 6of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT AND UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 28. Lump Sum Install Traffic Striping, Markings & Markers n✓ � !�-..+'q��Dollars and=17 _Cents $ Per Lump Sum 29. Lump Sum ProvideAs uilt Plans Dollars and (� Cents Per Lump Sum 30. 5,900 S.F. Clear and Grub Site @ n fy Dollars and Oct e- 710 ZE 12 Cents $ S, Too. Per Square Foot 7 31. 600 L.F. Furnish and Install 2" x 4" Redwood Headboard Dollars. ) / and �' /liij�,,i��C� Cents $ , Per Linear Foot 32. 1,285 S.F. Furnish and Install 3" Deep Stabilized Decompo d Granite paving @ % (�5 Dollars 00 and $ dU Cents Per Square Foot 33. 1 EA. Furni h n Inst 112" Irrigation Sub -Meter Dollars and 00 66 Cents $ $ Per Each 2 SCOLEL M I" PR7of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 34. 1 EA. Furnish and Install 18 Station Irrigation Con filer w/Encl�ure ollars /oo and Cents $ Per Each 35. 1 EA. Furnish and Install 1-1/4" RP Backflow Preventionsemb�IL'ith Enclosure Dollars and Cents $ �4 Per Each 36. 1 EA. Furnish anX stall 1-1/2" Master Valve @ c Xi� Dollars and 00 Cents $ _�($ Per Each 37. 1 EA. Furnish and In tall 1-1/2" Flow Sensor %%� Dollars and Cents $ Per Each 38. 7 EA. Furnis�nd I'sttjall 1" Quick Coupling Valve Dollars and U Cents $ $ Per Each 39. 2 EA. Furnish andPstall 2" Ball Valve � W @ lh) Dollars and -Cents Per Each ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 40. 2 EA. Furnish and Install 10" Round Irrigation Pull Box @/ o-", Dollars and -� Cents $ $ Per Each 41. Lump Sum Furnish and 1 tall Irrigation Wiring Dollars 00 �y� 516 Cents $G7 $ �L` � Per Lump Sum 42, 50 L.F. Furnish and Install Communications Cable, Trenching andConduit Dollars G6 and �fs' $ Cents l Per Linear Foot 43. 4,580 S.F. Furnish and ✓Install Conventional Spray System @ /` Dollars and �. Cents $ Per Square Foot 44. 5 EA. Furnish dInI tall 1-1/2" Remote Control Valve @ l ' / `/ *11ollars and ,r„ " $ �J '� Cents $ �;CJ�_ Per Each 45. 6 EA. Furnish and nstall 1" Remote Control Valve @ 1 0 IVAID�M Dollars and 50�0 'Cents $ Per Each FIR 9of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 46. 1,300 L.F. Furnish and Install 2" CL 315 PVC Irrigation Mainline @ Dollars �� Qty and _X4_ Cents 6 $ 10 Per Linear Foot 47. 200 L.F. Furnish nstall 4" Schedule 40 PVC Sleeve @ Dollars andA/)_ any �-- Cents Per Linear Foote t 48. 5,900 S.F. Furnish and Install Finish Grade @ Dollars and i fStj�dG i (� Cents JI$ / 6 !� Per Square Foo 49. 4,580 S.F. Furnish and Install Fill Soil @ ! Lt% Dollars andOCA %J 0 Cents �' $T�r Per Square Foot 50. 4,580 S.F. Weed Abatement Program @_ Dollars and Cents ° Per Square oot 51. 4,580 S.F. Furnish and Install 2" Deep Layer of Mulch @ Dollars and 6q% Cents ®�� $ Per Square Foot SROLEL CONTRXIMM PR 10 of 12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 52. 21 EA. Furnish and Install 24" Box Metrosideros Excelsa (New Zealand Christmas Tree) @ d i 1dy/�j�fJ��'Jpollars and Cents $ $ / Per Each 53. 21 EA. Furnish and Install 24" Box Arbutus "Marina" (Strawberry Tree) @K601IV"oli 1 ollars and . o Cents $ $ Per Each 54. 130 EA. Furnish and Install 5 -Gallon Hemerocallis Hybrid "Sun Tw " ( un Twist Day Lily) @ Dollars and 00 _Cents $� $ Per Each 55. 133 EA. Furnish and Install 5 -Gallon Hesperaloe Parviflora (Red Yu a) @ 10 Dollars and 45 ��j� Cents $ �y ' $ Per Each 56. 87 EA. Furnish and Install 5 -Gallon Lantana "New Gold" (New G dV1711*_ Jn_tt na>) T li ` Dollars @ and Cents $ $_ Per Each SEOUEL PZT Lys: PR 11 of 12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 57. 170 EA. Furnish and Install 5 -Gallon Leucophyllum Zygophyllum "Cima" ( exas Ranger) 7/1 @ r rf Dollars and Cents $ $� Per Each 58. 119 EA. Furnish and Install 5 -Gallon Muhlenbergia Capillaris "Regal M st" (Regal Mist Muhly) @✓� Dollars and OG - Cents $ s ® $ 36 Per Each 59. 183 EA. Furnish and Install 5 -Gallon Salvia Gregii (Autumrlt,Sa ) Dollars and 9G o Cents $ '�` $ Per Each 60. 250 EA. Furnish and Install 1 -Gallon Aloe Rudikoppe "Little Gem" (Little rAm ) Dollars and / Cents $ e $ _ Per Each 61. Lump Sum Provide 0-DaL /y dscape Maintenance Phase @-� / ollars and �® Cents $ $ Per Lump Sum PR 12 of 12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 62. Lump Sum As -Built Drawings and Controller Charts (Landscape & rigation) Dollars and -- Cents $%� $ �� Per Lump Sum ' TOTAL PRICE IN WRITTEN WORDS NuNab,y ,Nt ONF- JL4! L L I O -) -rVj0 FUND 1�-C) 91)0*4 6NE j7j0VJjND ` trAb Dollars NAY 2 2 gii Date 2) 8M -M7 "2) W2 -74-S9 Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) m own/y • . ck PT :.idert r►x SPRINGS, CALIF. 90670 Bidder's Address Bidder's email address: IMNAft1-jt..EYz®SCIQUr-L, MPO VCQ9K4AIL COM CifV of Newport Beach RESIDENTIAL STREET OVERLAY PROGRAM Contract No. 5523 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal SUM of . Ten percent of the total amount of the bid Dollars ($ . 10% ), to be paid and forFeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of RESIDENTIAL STREET OVERLAY PROGRAM, Contract No, 5523 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 (33) calendar days after the date of the mailing of "Notification of Award otherwise this obligation shall become null and void_ If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond_ Witness our hands this . 20th day of May Sequel Contractors, Inc. Name of Contractor (principal) AW A e i ur ftle l.i"t flUo Z), UK rt3�e`tg�'s4 Travelers Casualty and Surety Company of America Name of Surety 21688 Gateway Center Drive Diamond Bar, CA 91765 Address of Surety (9091612-3675 _ Telephone Agbht Signature Douglas A. Rapp Attorney in Fact Print Name and Title (Notary acknowledgment of Principal & SUretV must be attached) 5 ACKNOWLEDGMENT State of California County of Orange On 05/20/2014 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp , who proved to me on the basis of satisfactory evidence to be the person($) whose name($) is4F4& subscribed to the within instrument and acknowledged to me that he/4 e4lt ey executed the same in his/+ee4*e- r authorized capacity(ie*, and that by his,lkerAhai signature(,V) on the instrument the person(!), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. H DEBRA SWANSON CPN COMM. # 1997119 � NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY �;� °quFai� MY COMM. BXP, NOV 10,016 Signature s �r)�,�ti (Seal) BORDER Adw a POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 224524 Certificate No. 005769498 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Timothy D. Rapp, and Douglas A. Rapp of the City of Aliso Viejo , State of California , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of January 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 22nd St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company G�SU,� J FlRE�4 �� N IN +Pe M�•q°•. "R P RO Su9 UTY 0 ,{,opPOgY� . Y'_ '4o G yP � �rsg Q• .� 4 : 't' •, v aG 'c�}''c QO C 1582 0 1977 C�T'ORATFD rr z �t Fml tW:coa.rrE:.r�` a a irKow�gno Z : n i a HAFRFOFiD, < jH4RTFOR0.1 � �'• S E A i. ion s : `D CONN. r t CONN. � R 1896 < �.�'s c° bye•.........: •! o•.'•.. a 's a ro 1 ............ d1 naa �+ryt•.. �'n ANtbc- State of Connecticut City of Hartford ss. By: Robert L. Raney, enior Vice President On this the 22nd day of January 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY V(\ &A Lk C . Marie C. Tetreault, Notary Public f r cs,�a ,� 1�s,��as,�s�.�a's;�:,sas,. ,: �S:�s!�s,..ae,cas,�s,. oss Vis,..,�s,�.sn.>f.�iS,.zaCsas,�ss,4as, e,:�.,:ass.C�s,�s,�s,�s..gS,: �s!�as,.•�s �. �as,.�s;�s��.s,. State of California ��a O; �. County of S On MAY 2 0 2014 before me, Dan(of P',i . Date Here Insert Name and Title of the Officer personally appeared T homas S• Pack Prosideak Aa �; ���" Names) of Signers) i . FMf DANIEL BUSTAMANTE O : COMM. #2005801 –4 ~ NOTARY PUKIC - CALIFORNIA p �� 7 LOS ANGELES COUNTY –� ♦ o My Commission Expires JANUARY 31, 2017 ♦� 2♦♦♦♦•♦1••♦••♦♦♦1♦♦♦•♦♦♦♦♦♦1♦♦♦♦♦111♦11♦1•Z who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) je/are subscribed to the within instrument and acknowledged to me that J;iie/spre/they executed the same in his/het/their authorized capacity(ies), and that by hig/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and l. /official sea Signature x Place Notary Seal Above Signature of Notary Public —I OPTIONAL. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): — ❑ Partner — n Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER •• of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER 02007 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 RESIDENTIAL STREET OVERLAY PROGRAM CONTRACT NO. 5523 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 25th day of June, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Sequel Contractors, Inc., a California corporation ("Contractor"), whose address is 13546 Imperial Hwy, Santa Fe Springs, CA 90670, 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: Residential Street Overlay Program. The work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing raised pavement markings, and raised pavement markers; (4) removing existing pavement, curb and gutter, curb access ramps; (5) grinding (cold mill), clearing existing pavement surfaces of debris, soils, and other loose materials, reconstructing and overlay roadway; (6) constructing curb, curb and gutter, sidewalk, and curb access ramps; (7) adjusting utility and survey facilities; (8) installing truncating domes, traffic striping, pavement markings, traffic loops and raised pavement markers; (9) coordinating with outside utility owners to have facilities raised to grade; (10) landscaping and irrigation and (11) other incidental items to be completed in work place required by the Plans and Specifications (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: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidders 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. 5523, 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. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 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 One Million Two Hundred Sixty Thousand Nine Hundred Forty One Dollars and 00/100 ($1,260,941.00). 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.). Sequel Contractors, Inc. Page 2 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. 5.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director 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: Thomas S. Pack Sequel Contractors, Inc. 13546 Imperial Hwy Santa Fe Springs, CA 90670 6. 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 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. RESPONSIBILITY FOR DAMAGES OR INJURY 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, Sequel Contractors, Inc. Page 3 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, 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 to 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. Sequel Contractors, Inc. Page 4 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. 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 12. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Sequel Contractors, Inc. Page 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date written below. APPROVED AS TO FORM: CITYAT�T�O� Ex'S OFFICE Date: 7 By: 7 VU Aaron C. Harp City Attorney ATTEST: Date: 7 22"1q By: < Leilani I. Brown J City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: L. 1 q By: Rush N. Hill, II Mayor CONTRACTOR: Sequel Contractors, Inc., a California corpootion Date: 2fi,, i i lav Dat/ JUL o i sola By: Mic el A. Mahler Assistant Secretary [END OF SIGNATURES] Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond Sequel Contractors, Inc. Page 6 State of California County of On JUL 0 1 2014 before me, Date Here Insert Name and Title of the Office, personally appeared Namei) at Stgneds) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) js/are subscribed to the 00{NH00/11H1H06/1l00000400♦IA40{1100606 within instrument and acknowledged to me that eJ, DANIEL BUSTAMANTE o l�/ske/they executed the same in his/her/their authorized COMM. #2005801 capacity(ies), and that by hiS/her/their signature(s) on the �4'. NOTARY PUBLIC CAL FONN A p instrument the person(s), or the entity upon behalf of Los ANGELES COUNTY which the person(s) acted, executed the instrument. 0 `" My CammiSAPon F.zggllp@ JANUARY 31, 2017 ®1 51111101H06010000040NOH1/M/IA IA 10011 /Ae I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 02007 National Notary Association -9350 be Soto Ave- RO-B0, 2402-ChatMDMh,CA 91313-2402,w .Natiohellisri Item#5907 Reorder: Cali Toll-Fre•a-800-876-6527 WITNESS myy hand and official seal. v Signature ✓�F^^" Place Notary Seal Above Signature of Nolen, Public p� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: E- Individual D Individual C Corporate Officer — Title(s): `t Corporate Officer —Title(s): Partner —� Limited G General _ Ci Partner —E] Limited D General =: Attorney in Fact --Attorney in Fact D Trustee Top of mumu Here Trustee Top of mumu Here - Guardian or Conservator `- Guardian or Conservator ._: Other: —7 Other: Signer Is Representing: _ Signer Is Representing: 02007 National Notary Association -9350 be Soto Ave- RO-B0, 2402-ChatMDMh,CA 91313-2402,w .Natiohellisri Item#5907 Reorder: Cali Toll-Fre•a-800-876-6527 EXHIBIT A INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 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 Sequel Contractors, 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 Sequel Contractors, 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 Sequel Contractors, 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. H. 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. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Sequel Contractors, Inc. Page A-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/10/14 Date Completed 7/10/14 Dept./Contact Received From: Raymund Sent to: Raymund By: Chris Company/Person required to have certificate: Sequel Contractors, Inc Type of contract: All Others GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/13-10/1/14 A. INSURANCE COMPANY: Old Republic General Insurance Corp B. AM BEST RATING (A-: VII or greater): A:IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must INSURANCE COMPANY: Old Republic General Insurance Corp include): Is it included? (completed Operations status does B. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ADMITTED COMPANY (Must be California Admitted): COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 its officers, officials, employees and volunteers): is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) included): Is it included? Z Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured F. is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/13-10/1114 A. INSURANCE COMPANY: Old Republic General Insurance Corp B. AM BEST RATING (A-: VII or greater) A:IX C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 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?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1113-10/1/14 A. INSURANCE COMPANY: Old Republic General Insurance Corp B. AM BEST RATING (A-: VII or greater): A:IX C. ADMITTED Company (Must be California Admitted): M Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory M Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? M Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: M N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A M Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY M N/A ❑ Yes ❑ No V POLLUTION LIABILITY M N/A ❑ Yes ❑ No V BUILDERS RISK M N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? M Yes ❑ No IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 7/10/14 Date RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. a EXHIBIT C CITY OF NEWPORT BEACH BOND NO. 105986845 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 15,103.00 , being at the rate of $ various thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Sequel Contractors, Inc. hereinafter designated as the "Principal," a contract for the Residential Street Overlay Program 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 Travelers Casualty and Surety Company of America duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Two Hundred Sixty One Thousand Two Hundred Forty One Dollars and 00/100 ($1,261,241.00) 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. Sequel Contractors, 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 has been duly executed by the Principal and Surety above named, on the lath day Of July/ 20 14 . Sequel Contractors, Inc. Name of Contractor (Principal) AWtho z Slgnature/Tp�}lle ( $ IaAJ a"d, A &.,itis Travelers Casualty and Surety Company of America /) Name of Surety Authorlied Agent Signature 21688 Gateway Center Drive, Diamond Bar, CA 91765 Address of Surety (909)612-3675 Telephone Douglas A. Rapp, Attomey in Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Sequel Contractors, Inc. Page C-2 State of California County of �aS g 6 19i4 - r fig„ .�xjr On JUL before me, Bate Here Insert Name and Title of the Officer personally appeared T hoz'A's S, Pctc€t President ♦01N010001/00l00d40914H 416N110H601l04 *DANIEL BUSTAMANTECOMM. #2005801 NOTARY PUBLIC - CAL FORMA p 2 LOS ANGELES COUNTY y Commission €xpVAp JANJANY Oi. S011 11 21000/0010011!l14N1101410N4i40N19110d 441 who proved to me on the basis of satisfactory evidence to be the person(0) whose name(t is/aa subscribed to the within instrument and acknowledged to me that hel`*Wt14ey executed the same in his/kvrlA authorized capacity(i*, and that by hisgiv-PAlilptr signature($) on the instrument the person(,$), or the entity upon behalf of which the person(l) 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. SignatureA t / Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Stoner's Name: _, Individual Corporate Officer—Title(s): — `_7 Partner — --Limited E General Attorney in Fact Trustee Guardian or Conservator C Other: Signer Is Representing: Number of Pages: Signer's Nar ;_l Individual D Corporate Officer—Title(s): _ C Partner — Limited General Attorney in Fact G Trustee Guardian or Conservator Other: Signer Is Representing: RlGHTTHUMBPRINT. OF SIGNER ''2007 National Notarp Association- 9350 De Soto Ale_ PO Boz 2402-Cbatsmar-CA 919132402-w ,,NabonaWotarpom Itemfu907 Reorder: Cell Toll-Freee180D8ro-8823 ACKNOWLEDGMENT State of California County of Orange ) On 07/14/2014 before me, Debra Swanson Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp , who proved to me on the basis of satisfactory evidence to be the person(X) whose name($) islere subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/4e6t♦eir authorized capacity(ieea), and that by hisA4@4#ie4r signature($) on the instrument the person(if), or the entity upon behalf of which the person(o) 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) �p,.OF iryf DEBR.ASWANSON Comm. # 1997119 X NOTARY PUBLIC-CALIFORNIAX ORANGE COUNTY N RED BORDER /� POWER OF ATTORNEY TRA`' ELE `" Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 224524 Certificate No. 005769486 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, SL Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Timothy D. Rapp, and Douglas A. Rapp of the City of Aliso Viejo , State of Califomia , their true and lawful Anomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, reeognizanees, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of January 2014 22nd Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company e wbvArr E.„a` x CaOnxax.ro'a.�t. \✓ Q Y a�7977 SEAL ' o•SEAL r \ g 1sA M;r'aaNAW .N lr� y State of Connecticut City of Hanford ss. By: A Robert L. Raney, Vector Vice President On this the 22nd day of January 2014 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, Sc Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,T[T In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of lune, 2016. Ct r0G8UG # 58440-8-12 Printed in U.S.A. M&ne G Tetreaulr, Notary Public EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 105986845 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Sequel Contractors, Inc. hereinafter designated as the "Principal," a contract for the Residential Street Overlay Program 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, Travelers Casualty and Surety Company of America 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 One Million Two Hundred Sixty One Thousand Two Hundred Forty One Dollars and 00/100 ($1,261,241.00) 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 California. Sequel Contractors, 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 been duly executed by the above named Principal and Surety, on the 14th day of Xjlu .2014 , Sequel Contractors, Inc. _ Name of Contractor (Principal) rAuffionieed-8� Hato e/Title Travelers Casualty and Surety Company of America ot Ac� a - !''e /) Name of Surety Authori2<ed Agent Sig ature 21688 Gateway Center Drive, Diamond Bar, CA 91765 Address of Surety (909)612-3675 Telephone Douglas A. Rapp, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Sequel Contractors, Inc. Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On l"I t Lit Iq before me,, [)at. Insert Name and Title of the Officer personally appeared Thomas S. Packi Presid corners) of Signer(mr H 090149N a HO e d 00 0{ 09 { 01 {99009H {0 910+H{{ DANIEL BUSTAMANTE o COMM. #2005801 � 2iab NOTARY PUBLIC - CALFORNIA p t , LOS ANGELES COUNTY —+ My Commission Explres JANUARY 01, Poll 4 Ex{{ 49x He 999{9x+9{{ 999999999919 {{ 91 ♦ 14 P who proved to me on the basis of satisfactory evidence to be the person(o whose naitt is/amii, subscribed to the within instrument and acknowledged to me that heieloWbAW executed the same in his/l�rlt�9 authorized capacity(i W, and that by hisAlimWt1illfs signature(it) on the instrument the person(*), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature r/ _ Y�� Place Notary Seal Above Signature of Notary Pubha OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual .i Corporate Officer—Title(s): — Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RisIFSIGNETHUMBPfl1RNtr: Number of Pages: Signer's Name: C'.. Individual Corporate Officer —TiHe(s): _. El Partner — _ Limited D General C'. Attorney in Fact Trustee Guardian or Conservator _ Other: Signer Is Representing:_ LRIGHTTHUMBPRINr. OF SIGNER' ,�+hOJ National Nolery Association •9350 De Soto Ave- iBox 2402•Cna[sworB,. CA 913132402• vx." NationalNolary.om Item e590' Reorder: Call Toll -Free 1-806-876-6827 ACKNOWLEDGMENT State of California County of Orange ) 07/14/2014 M before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp , who proved to me on the basis of satisfactory evidence to be the person(,!) whose name($) isfere subscribed to the within instrument and acknowledged to me that he/el-t' y executed the same in his/4eN44eir authorized capacity(te*, and that by hisA 49FA4e4r signature(yr) on the instrument the person(8), or the entity upon behalf of which the person(o) 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. n 3�°'>„F DEBRA SWANSON COM 1 # 1997119 -r g NOTARVPUBLIC•CALIPORNIA� " `�` . ORANOE COUNTY °q, MV COMM, ERP. NGV t6,2016N Signature `.,C :�'Zc a (Seal) POWER OF ATTORNEY I TRAVEL'1' J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity, and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 224524 Certificate No, 0 0 5 7 6 9 4 6 6 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire avid Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Timothy D. Rapp, and Douglas A. Rapp of the City of Aliso Vie]0 , State of California , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizanees, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument: to be signed and Theis corporate seals to be hereto affixed, this 22nd day of _._January 2014 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company jlGo11A.1)0�0 >EiFE. HFanOPa . jaishli I4s= l�9%% 8 „¢®o'1 SBRLeONN \ec i.N State of Connecticut City of Hartford ss. By: g Robert L. Raney, enior Vice President On this the_ 22nd day of January 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,SET In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. O r°UBU� it 58440-8-12 Printed in U.S.A. �CfNww C. tc � Marie C. Tetreault, Noddy Public PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS RESIDENTIAL STREET OVERLAY PROGRAM CONTRACT NO. 5523 PART 1: GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK......................................................................... 1 2-6 WORK TO BE DONE.....................................................................................................................1 2-9 SURVEYING....................................................................................................................................2 2-9.1 Permanent Survey Markers . ..................... ........ ........................................... ............................ 2 2-9.4 Line and Grade...........................................................................................................................2 SECTION 3 ---CHANGES IN WORK................................................................................................... 2 3-3 EXTRA WORK.................................................................................................................................2 3-3.2 Payment.....................................................................................................................................2 3-3.2.3 Markup............................................................. ............................ ........................................... 2 SECTION 4 ---CONTROL OF MATERIALS........................................................................................... 3 4-1 MATERIALS AND WORKMANSHIP.................................................................................................3 4-1.3 Inspection Requirements...........................................................................................................3 4-1.3.4 Inspection and Testing..........................................................................................................3 SECTION5---UTILITIES................................................................................................................... 3 5-1 LOCATION..................................................................................................................................3 5-2 PROTECTION.................................................................................................................................3 5-7 ADJUSTMENTS TO GRADE............................................................................................................3 SECTION 6 --PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK ...................................... 4 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK................................................4 6-1.1 Construction Schedule...............................................................................................................4 6-7 TIME OF COMPLETION..................................................................................................................4 6-7.1 General.......................................................................................................................................4 6-7.2 Working Days . ............ ........... -..................... ............................................................ ................ 4 6-7.4 Working Hours...........................................................................................................................4 6-9 LIQUIDATED DAMAGES.................................................................................................................5 SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR.................................................................... 5 7.1 THE CONTRACTOR'S EQUIPMENT AND FACIUITIES......................................................................5 7-1.2 Temporary Utility Services.......................................................................................................6 7-7 COOPERATION AND COLLATERAL WORK.....................................................................................6 7-8 WORK SITE MAINTENANCE...........................................................................................................6 7-8.4.3 Storage of Equipment and Materials in Public Streets.........................................................6 7-8.6 Water Pollution Control.............................................................................................................6 7-8.6.2 Best Management Practices(BMPs).......................................................................................7 7-8.7.2 Steel Plates, ...........................................................................................................................7 7-10 PUBLIC CONVENIENCE AND SAFETY ................................ 7-10.1 Traffic and Access........................................................ 7-10.3 Street Closures, Detours and Barricades ...................... 7-10.4 Safety............................................................................ 7-10.4.1 Safety Orders............................................................ 7-10.5 "No Parking„ Signs ........................................................ 7-10.6 Notices to Residents..................................................... 7-15 CONTRACTOR'S LICENSES ................................................ 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS ............. ......................................................... 300-1 CLEARING AND GRUBBING... ............ .............................. ................................................ .... 7 ......................................................... 201-2 REINFORCEMENT FOR CONCRETE., ........................................................................................ 7 ........................................................ 300-1.3.2 Requirements...................................................................................................................21 8 ......................................................... 201-7.2 Quick Setting Grout.............................................................................................................20 8 ........................ I ......... ......... ....... 8 .................................................. 214-5 REFLECTIVE PAVEMENT MARKERS ............................. 9 302-6 PORTLAND CEMENT CONCRETE PAVEMENT..........................................................................22 9 ..................................................... SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION..........................................................22 ......................................................... 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS 9 ...................................................10 303-5.1 Requirements... .......................... ......................................................................................... SECTION 9 ---MEASUREMENT AND PAYMENT................................................................................10 9-3 PAYMENT....................................................................................................................................10 9-3.1 General.....................................................................................................................................10 9-3.2 Partial and Final Payment.......................................................................................................19 PART 2: CONSTRUCTION MATERIALS SECTION 201--- CONCRETE, MORTAR, AND RELATED MATERIALS.................................................20 201-1 PORTLAND CEMENT CONCRETE.............................................................................................20 300-1 CLEARING AND GRUBBING... ............ .............................. ................................................ .... 201-1.1.2 Concrete Specified by Class..............................................................................................20 300-1.3 Removal and Disposal of Materials.....................................................................................21 201-2 REINFORCEMENT FOR CONCRETE., ........................................................................................ 20 201-2.2.1 Reinforcing Steel..............................................................................................................20 300-1.3.2 Requirements...................................................................................................................21 201-7 NON -MASONRY GROUT.........................................................................................................20 300-1.5 Solid Waste Diversion..........................................................................................................21 201-7.2 Quick Setting Grout.............................................................................................................20 SECTION 302 ---ROADWAY SURFACING.........................................................................................22 SECTION 214 --- PAVEMENT MARKERS.........................................................................................20 302-5 ASPHALT CONCRETE PAVEMENT............................................................................................22 214-4 NON REFLECTIVE PAVEMENT MARKERS ........... ............ .................................................................. 20 214-5 REFLECTIVE PAVEMENT MARKERS ............................. ........................................... ........................ ..20 PART 3: CONSTRUCTION METHODS SECTION300---EARTHWORK........................................................................................................21 300-1 CLEARING AND GRUBBING... ............ .............................. ................................................ .... .21 300-1.3 Removal and Disposal of Materials.....................................................................................21 300-1.3.1 General.........................................................................................................................21 300-1.3.2 Requirements...................................................................................................................21 300-1.5 Solid Waste Diversion..........................................................................................................21 SECTION 302 ---ROADWAY SURFACING.........................................................................................22 302-5 ASPHALT CONCRETE PAVEMENT............................................................................................22 302-5.1 General.................................................................................................................................22 302-5.4 Tack Coat..............................................................................................................................22 302-6 PORTLAND CEMENT CONCRETE PAVEMENT..........................................................................22 302-6.6 Curing..................................................................................................................................22 SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION..........................................................22 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPSAND DRIVEWAYS...................................................................................................................22 303-5.1 Requirements... .......................... ......................................................................................... 22 303-5.1.1 General..............................................................................................................................23 303-5.5 Finishing...............................................................................................................................23 303-5.5.1 General..............................................................................................................................23 303-5.5.2 Curb...................................................................................................................................23 303-5.5.4 Gutter.. .............................................................. ................................... ....... ................... 23 SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION........................................................23 308-1 General.....................................................................................................................................23 308-6 Landscape Establishment and Maintenance...........................................................................24 SECTION 02900: LANDSCAPE PLANTING......................................................................................44 SECTION 02970: LANDSCAPE MAINTENANCE................................................................................56 SECTION 310 --- PAINTING...........................................................................................................62 310-5 PAINTING VARIOUS SURFACES...............................................................................................62 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings .............................. ....... 62 310-5.6.6 Preparation of Existing Surfaces.......................................................................................62 310-5.6.7 Layout, Alignment, and Spotting.......................................................................................62 310-5.6.8 Application of Paint...........................................................................................................62 310-5.6.11 Pavement Markers ............................ ................................................. ............................. 63 SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL...............................................63 312-1 PLACEMENT. . .................................................................................................................... 63 g -Mi , SECTION 400 ---ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE...............................................63 PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL...............................................63 400-2 UNTREATED BASE MATERIALS................................................................................................64 400-2.1 General.................................................................................................................................64 400-2.1.1 Requirements....................................................................................................................64 SECTION 600 ---MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES.............................................64 600-2.1 Asphalt-Rubber....................................................................................................................64 600-2.1.1 General. Asphalt -rubber shall be type B..........................................................................64 600-2.6 Asphalt -Rubber Hot Mix Gap-Graded..................................................................................64 600-2.6.3 Rolling................................................................................................................................64 600-2.7 Asphalt -Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer ..................... 64 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS RESIDENTIAL STREET OVERLAY PROGRAM CONTRACT NO. 5523 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6452-S); (3) the City's (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 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. The work necessary for the completion of this contract consists of (1) Distributing construction notices to affected businesses and residents; (2) construction surveying; (3) removing existing raised pavement markings, and raised pavement markers; (4) removing existing pavement, curb and gutter, curb access ramps; (5) grinding (cold mill), clearing existing pavement surfaces of debris, soils, and other loose materials, reconstructing and overlay roadway; (6) constructing curb, curb and gutter, sidewalk, and curb access ramps; (7) adjusting utility and survey facilities; (8) installing truncating domes, traffic striping, pavement markings, traffic loops and raised pavement markers; (9) coordinating with outside utility owners to have facilities raised to grade; (10) landscaping and irrigation and (11) other incidental items to bg completed in work place required by the Plans and Specifications. SP 1 of 64 2-9 SURVEYING 2-9.1 Permanent Survey Markers. 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 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 and/or monuments damaged by the Work." 2-9.4 Line and Grade. The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. (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 SP2of64 markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 ---UTILITIES 5-1 LOCATION. 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. 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. 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. Prior to cold -milling, the contractor shall lower utilities and raise them to grade after final paving. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. SP3of64 SECTION 6 ---PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. 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. 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. [:�iil�tt��13«Z�lifl»�ll�l`u 6-7.1 General. The Contractor shall complete all work under the Contract within 55 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. Work shall not be allowed on any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31 St (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. 6-7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 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. SEQUENCE OF CONSTRUCTION: A. All concrete work items shall be completed and accepted prior to start of the adjacent roadway improvement work. B. Roadway improvement work will proceed in the following order: 1. University Drive 2. La Vida 3. Monrovia Avenue 4. Production Place 5.16t' Street 6-9 LIQUIDATED DAMAGES. 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. 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. SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES SP 5 of 64 7-1.2 Temporary Utility Services. If the Contractor elects to use City water, he shall arrange for a meter and tender an $857 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. 7-7 COOPERATION AND COLLATERAL WORK. 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. The Contractor shall provide and install new water meter and valve boxes. 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 Utilities Operation Manager, at (949) 718-3402. 7-8 WORK SITE MAINTENANCE 7-8.4.3 Storage of Equipment and Materials in Public Streets. Construction materials and equipment may only be stored in streets, roads, or sidewalk areas 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. Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at 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). The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. 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 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. 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). SP 7 of 64 7-10.3 Street Closures, Detours and Barricades. The Contractor shall submit to the Engineer - at least five working days prior to the pre -construction meeting - a traffic control plan showing typical closures and detour plans(s). The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 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. 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. 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. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure 7. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure." 7-10.4 Safety 7-10.4.1 Safety Orders. 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, SP8of64 Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided 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. 7-10.6 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents 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. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess an "A" License ("C-27" for landscaping and irrigation work). At the start of work and until completion of work, the Contractor and all Sub - SP 9 of 64 contractors shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. 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 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization/Demobilization & Cleanup: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, 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. Item No. 2 Surveying Services: Work under this item shall include surveying, including restoration of all survey monuments and centerline ties disturbed, construction staking, and all other items as required to complete the work in place. The Contractor's Licensed Surveyor file any required Record of Survey or Corner Records. This item includes furnishing all labor, tools, equipment and materials necessary to comply and no other compensation will be allowed thereafter. Item No. 3 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes, if required, preparing traffic control SP 10 of 64 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, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 4 Cold Mill Asphalt Pavement (Variable Depth 0" to 1-1/2"): Work under this item shall include removing and disposing of the existing AC pavement, and all other work items as required to complete the work in place. After contractor has cold milled a street, they shall, at a minimum, base pave the area within 72 hours. Item No. 5 Construct 1 -1/2 -Inch Thick AC Overlay Course Type III -C3 -AR -4000: Work under this item shall include constructing 1-1/2" thick pavement type III -C3 -AR - 4000, tack coating, and all other work items as required to complete the work in place. Item No. 6 Construct AC Leveling Course Type III -B2 -PG 64-10: Work under this item shall include all labor, tools, equipment, and materials costs for pavement clearing, installing crack sealer, tack coating, and a minimum 1" leveling course type III - B2 -PG 64-10 placement, subgrade and leveling course compaction, and all other work items as required to complete the work in place. Item No. 7 Sawcut and Remove Existing AC/AB Street Section and Native Soil (6" Depth): Work under this item shall include removing and disposing of the existing AC pavement and base, and all other work items as required to complete the work in place. Removals and replacement of A.C. base course shall be completed within the same day. If unauthorized removals expose wet subgrade conditions, the cost of all remedial work to bridge the pavement shall be borne by the contractor. Locations of dig -outs are shown on the plans or as directed by the City Inspector during construction. Item No. 8 Construct A.C. Base Course Type III -B2 -PG 64-10 (4-1/2" Thick): Work under this item shall include constructing 4-1/2 inch thick asphalt pavement base course and all other work items as required to complete the work in place, including an application of an approved weed kill herbicide. Item No. 9 Remove and Reconstruct 6 -inch P.C.C. Curb and Gutter Per CNB Std -182-L: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing Type "A" P.C.C. curb and gutter per CNB STD -182-L, 12" wide x 12" deep A.C. patch back, installing dowels, curb painting, re -chiseling of curb face for existing underground utilities, restoring all existing public and private improvements damaged by the work, making in-kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of curb and gutter removals and construction shall be per Work Schedule and as directed by the Engineer SP 11 of 64 during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 10 Remove and Construct P.C.C. Access Ramp: Work under this item shall include, but not limited to, sawcutting, all labor and materials relating to removing, disposing existing improvements, importing and compacting subgrade, and constructing P.C.C. Curb Access Ramp including minimum twelve square feet of raised truncated domes per CNB STD -181-L, retaining curbs, 12" wide x 12" deep AC patch back, curb painting, grooving, doweling into adjacent sidewalk and all other work items as required to complete the work in place. Location of access ramp removals and construction shall be per Work Schedule and as directed by the Engineer during construction. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc. (715) 359-3121 of Wisconsin. The Contractor shall have inspected the locations where new access ramps are to be installed and the unit price bid shall apply to all City standard curb access ramp cases required. Item No. 11 Install Truncated Domes at Existing Access Ramp Per CNB Std -181- L: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing of conflicting portions of concrete access ramp, constructing concrete base, installing minimum twelve square feet of raised truncated domes per CNB STD -181-L, and all other work items as required to complete the work in place. Raised truncated domes shall be dark grey colored and shall be "Terra Paving" as manufactured by Wausau Tile, Inc. (715) 359-3121 of Wisconsin or equal. Omission of this payment item in its entirety shall not result in any compensation. Item No. 12 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter and/or Spandrel: Work under this item shall include sawcut, removing and disposing of the cross gutter and spandrels, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 8 -inch thick P.C.C. cross gutter per CNB STD -185-L, 12" wide x 12" deep AC slot patch (patch back), and all other work items as required to complete the work in place. Item No. 13 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of the existing sidewalk, compacting subgrade, constructing 4 -inch thick minimum P.C.C. sidewalk per CNB STD -180-L, installing temporary AC sidewalk, adjusting sidewalk to grade to match adjacent improvements, making in-kind repairs to private improvements impacted by the work such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of sidewalk removals and construction shall be per Work Schedule and as directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Item No. 14 Remove and Replace Residential Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, SP 12 of 64 removing, and disposing existing improvements associated with curb and gutter removals, and constructing P.C.C. driveway approach per CNB STD -164-L, 12" wide x 12" deep A.G. patch back, steel plating, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, mailboxes, sod, and other private improvements to preconstruction conditions, and all other work items as required to complete the work in place. Location of driveway removals and construction shall be per Work Schedule and as directed by the Engineer during construction. Contractor shall complete all private improvement repairs within five (5) calendar days of City notification. Location of driveway removals and construction shall be directed by the Engineer during construction. Item No. 15 Remove and Replace Commercial Driveway Approach: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing existing improvements and constructing P.C.C. driveway approach per CNB STD -161-L, 12" wide x 12" deep A.C. patch back, steel plating as needed to provide access during non -working hours, restoring all public and private improvements impacted by the work; such as irrigation systems, bricks, pavers, plants, shrubs decorative stones, walls, walks, fences, sod, other private improvements to preconstruction conditions and all other work items as required to complete the work in place. Location of driveway removals and construction shall be per Work Schedule and as directed by the Engineer during construction. Contractor shall complete all improvement repairs within five (5) calendar days of City notification. Location of driveway removals and construction shall be directed by the Engineer during construction. Item No. 16 Prune Tree Roots and Install Root Barrier: Work under this item shall include, but not limited to, all labor and materials relating to root pruning and disposing per Section 308-1, providing and installing new tree root barriers, removing and disposing of excess soil, and all other work required to complete the work in place. Location of tree root pruning and installation of root barriers shall be per Work Schedule and as directed by the Engineer during construction. All utilities or other improvements damaged by the work, including, but not limited to, street light conduit and wires and private irrigation lines shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 17 Remove Tree: Work under this item shall include, but not limited to, all labor and materials relating to removing and disposing of existing tree and roots, repairing any existing improvements damaged by the work including irrigation and all other work items as required to complete the work in place. Item No. 18 Remove and Replace P.C.C. Catch Basin Cap, Grate, and Manhole Lid (4' x 22'): Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing damaged portion of existing catch basin cap and spandrels, compacting subgrade, placing base material, compacting base, installing dowels, re -bar, face plate, frame & cover, constructing P.C.C. caps per CNB STD -305-L, and all other work items as required to complete the work in place. SP 13 of 64 Item No. 19 Remove and Reconstruct P.C.C. Local Depression: Work under this item shall include, but not limited to, all labor and materials relating to sawcutting, removing and disposing of existing material, compacting subgrade, placing base material, compacting base, and constructing new P.C.C. local depression per CNB STD -304-L and all other work items as required to complete the work in place. Item No. 20 Remove Existing and Relocate New Fire Hydrant Assembly: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing existing fire hydrant assembly including valve box, frame and cover to grade per Mesa Water Consolidated District Standard Drawing No. 4, 5' x 3' x 12" deep AC patch back, and all other work items as required to complete the work in place. Item No. 21 Remove and Replace Existing Water Valve Box Frame and Cover and Adjust to Grade: Work under this item shall include removing and replacing the box frame and cover per CNB STD -511-L and adjusting as necessary during paving operations and all other work items as required to complete the work in place. Item No. 22 Remove and Replace with New Water Meter Box and Cover and Adjust to Grade: Work under this item shall include, but not limited to, all labor and materials relating to removing and replacing all water meter boxes, frames and covers to grade per CNB STD -502-L or STD -503-L, match the AC finish surface and all other work items as required to complete the work in place. Item No. 23 Remove and Replace Sewer Main Cleanout Frame and Cover and Adjust to Grade: Work under this item shall include furnishing all labor, tools, equipment, and materials necessary for removing and replacing existing sewer main cleanouts with new sewer main cleanouts, and all other work items as required to complete the work in place. Item No. 24 Adjust Manhole Frame and Cover to Grade: Work under this item shall include adjusting, lowering and raising during paving operation, of all manhole frame and cover to grade and all other work items as required to complete the work in place. Plastic manhole extensions will not be allowed. Item No. 25 Furnish New Survey Monument Frame and Cover and Adjust to Grade: Work under this item shall include replacing and adjusting new frame and cover to grade during paving operations per CNB STD -116-L. Item No. 26 Construct Modified Reinforced Concrete Retaining Wall Type 7 per SPPW Std Plan 616-2: Work under this item shall include removing existing interfering improvements and debris, grading, compacting subgrade, constructing concrete retaining wall with epoxy coated rebar, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. SP 14 of 64 Item No. 27 Remove and Replace Existing Traffic Signal Loop: Work under this item shall include all labor, tools, equipment, and material costs to remove and replace traffic signal detector loops (lead loops shall be per City of Los Angeles STD S- 70AD and presence loops shall be Type E per Caltrans STD PLANS ES -5A and ES - 5B), make electrical connections and wirings to existing pull boxes, test and calibrate the new signal loop detectors and all other work items as required to complete the work in place. Item No. 28 Install Traffic Striping, Markings and Markers: Work under this item shall include removing and installing traffic striping, markings and markers per the striping plan, re -striping parking lot at West Newport Gym, affected lot lines at the Balboa Yacht Basin parking lot, and all other work items as required to complete the work in place. Work under this item shall also include replacement of interfering signs and posts and painting of all existing red, green and white curb for University Drive, La Vida, 16th Street, Monrovia Avenue, Production Place and Babcock Street. Item No. 29 Provide As -Built Plans (and DBE Certification if applicable): Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the City Inspector for review prior to payment request. Item No. 30 Clear and Grub Site: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for removing and disposing of the existing plant materials, tree trunks and roots, rodents and any rodent damage, debris, and appurtenances; coordinating with other agencies and stakeholders for encroaching material removals; and all other work items as required to complete the work in place. Item No. 31 Furnish and Install 2"x4" Redwood Headerboard: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for installing new 2'x4" redwood headerboard, appurtenances, and all other items required to complete work in place. Item No. 32 Furnish and Install 3" Deep Stabilized Decomposed Granite Paving: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for installing 3" deep stabilized decomposed granite paving, appurtenances, and all other items required to complete work in place. Item No. 33 Furnish and Install 2" Irrigation Sub -Meter: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 2" irrigation sub -meter and box, pipe material, appurtenances to make connection to the irrigation system, and all other work items as required to complete the work in place. Item No. 34 Furnish and Install 18 Station Irrigation Controller w/Enclosure: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 18 station irrigation controller with SP 15 of 64 enclosure, pipe material, appurtenances to make connection to the irrigation system, and all other work items as required to complete the work in place. Item No. 35 Furnish and Install 1-1/4" RP Backflow Prevention Assembly w/Enclosure: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1-1/4" backflow prevention assembly, pipe material, stainless steel enclosure, and appurtenances to make connection to the irrigation system, and all other work items as required to complete the work in place. Item No. 36 Furnish and Install 1-1/2" Master Valve: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1-1/2" master valve, pipe material, electrical connections, valve boxes, and appurtenances to make connection to irrigation water system, excavating, backfilling, providing any associated keys, and all other items as required to complete the work in place. Item No. 37 Furnish and Install 1-112" Flow Sensor: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1-1/2" flow sensor in box and electrical components, wiring and cabling, electrical connections, valve boxes, appurtenances to make connection to the irrigation system, and all other work items as required to complete the work in place. Item No. 38 Furnish and Install 1" Quick Coupling Valve: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1" quick coupling valve in box, pipe material, valve boxes, providing any associated keys, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 39 Furnish and Install 2" Ball Valve: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 2" ball valve in box, pipe material, valve boxes, and appurtenances to make connection to irrigation water system, and all other items as required to complete the work in place. Item No. 40 Furnish and Install 10" Round Irrigation Pull Box: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 10" round pull box, electrical connections, backfilling, compacting, providing any associated keys, and all other work items as required to complete the work in place. Item No. 41 Furnish and Install Irrigation Wiring: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new wiring and all other work items as required to complete the work in place. Item No. 42 Furnish and Install Communications Cable, Trenching and Conduit: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new SP 16 of 64 communications cable, trenching conduit and appurtenances to make connection to the irrigation system, and all other work items as required to complete the work in place. Item No. 43 Furnish and Install Conventional Spray System: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new heads, laterals, and lateral trenching, appurtenances to make connection to the irrigation system, and all other work items as required to complete the work in place. Item No. 44 Furnish and Install 1-1/2" Remote Control Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1-112" remote control valves, pipe material, valve boxes, electrical connections, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 45 Furnish and Install 1" Remote Control Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1" remote control valves, pipe material, valve boxes, electrical connections, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 46 Furnish and Install 2" CL 315 PVC Irrigation Mainline: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 2" CL 315 PVC irrigation mainline, pipe material, appurtenances required to make connections such as tees, laterals, elbows, etc., connections to water mainline, and all other items as required to complete the work in place. Item No. 47 Furnish and Install 4" Schedule 40 PVC Sleeve: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for installing new 4" schedule 40 PVC sleeve material and all other items as required to complete the work in place. Item No. 48 Furnish and Install Finish Grade: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, disposing, transporting, delivering, shaping and removing irregular landforms and erosion damage to meet the finish grade requirements, and present a smooth and properly drained landscape surface as determined by the Engineer, soil amendments per contractor provided soils laboratory report (Planting Section 1.06), and all other work items as required to complete the work in place. Item No. 49 Furnish and Install Fill Soil: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing, delivering, and installing fill soil per import soil specifications at entire site to meet finish grade as shown on Contract drawings and as directed by the Engineer during construction; and all other work items as required to complete the work in place. SP 17 of 64 Item No. 50 Weed Abatement Program: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for two (2) cycles of grow- and-kill weed abatement, which may include applying herbicides, irrigation, fertilization and all other items as required to complete work in place prior to plant installation. Item No. 51 Furnish and Install 2" Deep Layer of Mulch: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing a 2-inch thick layer of mulch, appurtenances, and all other items as required to complete the work in place. Item No. 52 Furnish and Install 24-Inch Box Metrosideros Exceisa (New Zealand Christmas Tree): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 24-Inch Box Metrosideros Excelsa (New Zealand Christmas Tree), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 53 Furnish and Install 24-Inch Box Arbutus "Marina" (Strawberry Tree): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 24-Inch Box Arbutus "Marina" (Strawberry Tree), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 54 Furnish and Install 5-Gallon Hemerocallis Hybrid "Sun Twist" (Sun Twist Day Lily): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5-gallon Hemerocallis Hybrid "Sun Twist' (Sun Twist Day Lily), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 55 Furnish and Install 5-Gallon Hesperaloe Parviflora (Red Yucca): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5-gallon Hesperaloe Parviflora (Red Yucca), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 56 Furnish and Install 5-Gallon Lantana "New Gold" (New Gold Lantana): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5- gallon Lantana "New Gold" (New Gold Lantana), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 57 Furnish and Install 5-Gallon Leucophyllum Zygophyllum "Cimarron" (Texas Ranger): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5-gallon Leucophyllum Zygophyllum "Cimarron" (Texas SP 18 of 64 Ranger), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 58 Furnish and Install 5 -Gallon Muhlenbergia Capillaris "Regal Mist' (Regal Mist Muhly): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Muhlenbergia Capillaris "Regal Mist' (Regal Mist Muhly), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 59 Furnish and Install 5 -Gallon Salvia Gregii (Autumn Sage): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Salvia Gregii (Autumn Sage), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 60 Furnish and Install 1 -Gallon Aloe Rudikoppe "Little Gem" (Little Gem Aloe): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Aloe Rudikoppe, (Little Gem Aloe), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 61 Provide 90 -Day Landscape Maintenance Phase: Work under this item shall include the cost of all labor, equipment and materials including, but not limited to, manpower, fertilizers, irrigation system inspection and operation, plant materials, supervision and all other items necessary to establish and maintain the landscaping for the entire maintenance period. Item No. 62 As -Built Drawings and Controller Charts (Landscape & Irrigation): Work under this item shall include all actions necessary to provide "as -built' construction drawings and three laminated copies of the controller charts. As -built drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. 9-3.2 Partial and Final Payment. 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. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. SP 19 of 64 PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class. Portland Cement concrete for construction shall be Class 560-C-3250. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout. The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout. SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS All new non -reflective pavement markers types A and AY shall be ceramic. 214-5 REFLECTIVE PAVEMENT MARKERS All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290. SP 20 of 64 PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 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://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised Haulers List. 300-1.3.1 General. 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. Saw cuts shall be neatly made to a minimum of two (2) inches. 300-1.5 Solid Waste Diversion. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. SP 21 of 64 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. SECTION 302 ---ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General. The asphalt concrete (A.C.) used for surface caps shall be IIIC3 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 2 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. Where dig outs are required, contractor shall grind down the top 2 inch overlay layer, as specified per plan, prior to making repairs. Dig outs shall then be base paved flush with ground surface so that the finish course is placed in one lift. The pavement shall then be cleaned with a power broom. 302-5.4 Tack Coat. 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 302-6.6 Curing. The Contractor shall not open street improvements to vehicular use until P.C.G. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer. SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements SP 22 of 64 303-5.1.1 General. Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi. 303.5.5 Finishing 303-5.5.1 General. The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color. 303-5.5.2 Curb. The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2)day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services. 303-5.5.4 Gutter. The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. 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. SP 23 of 64 b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 308-6 Landscape Establishment and Maintenance. Add to this section, "The landscape establishment period is 60 consecutive calendar days and shall commence after the Engineer has determined the work as completed and accepted. The landscape maintenance period is 90 consecutive calendar days and shall commence after the Engineer has determined the landscape establishment phase as completed and accepted. Such periods shall commence after all "punch list" deficiencies have been corrected to the satisfaction of the Engineer." SECTION 02810 LANDSCAPE IRRIGATION 1.01 SCOPE OF WORK: A. Furnish all labor, materials, appliances, tools, equipment facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of "Landscape Irrigation" complete, as shown on the drawings and/or described herein. B. Related work In other sections: Landscape Planting SP 24 of 64 2. Landscape Maintenance 1.02 QUALITY ASSURANCE AND REQUIREMENTS: A. Permits and Fees: 1. The Contractor shall obtain and pay for any and all permits and all inspections as required. B. Manufacturers Directions: 1. Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in the contract furnish directions covering points not shown in the drawings and specifications. C. Ordinances and Regulations: 1. All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. D. Contractor Responsibilities: 1. A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in the English language. 2. The Contractor shall train each person in techniques for making correct solvent and rubber gasket joints prior to their performing work on the site. 3. The Contractor shall protect work and materials from damage during construction and storage. Polyvinyl chloride, (PVC) pipe and fittings shall be protected from dirt and sunlight. 4. The Contractor shall assume responsibility for damage to existing construction and shall restore damaged property to the original condition to the satisfaction of the City. 5. The Contractor shall handle plastic pipe and fittings carefully and SP 25 of 64 store undercover to avoid UV or other damage. 6. Immediately notify the City in case of discrepancies. 7. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re -installation of such areas until all discrepancies are resolved to the City's satisfaction. E. Site Safety: Erect and maintain barricades, warning signs, lights and/or guards as necessary or required to protect all persons on the site. F. Explanation of Drawings: Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are essentially diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies exist that might not have been considered in the irrigation design. Such obstructions or differences should be brought to the attention of the City Inspector. in the event this notification is not performed, the irrigation contractor shall assume full responsibility for any revisions necessary to correct these discrepancies. 1.03 SUBMITTALS: A. Material List: SP 26 of 64 I . The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. No substitutions shall be allowed without prior written approval the City Inspector. 2. Submittals shall be provided within ten (10) working days from the award of the contract. The complete material list shall be submitted prior to the starting of any work. Catalog data and full descriptive literature shall be submitted. Although equipment on the plans may be different from the examples below, the following is a guide for proper submittal format: Item No Description Man ufacturerModel Size(s) 1. Backflow Preventer Febco 860 2" 2. Pop-up Spray Head Rainbird 1806 NA 3. Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. B. Substitutions: 1. The contractor may submit proposed substitutions for equipment and materials listed on the irrigation plans in the following manner. The landscape contractor shall submit to the City Inspector for approval on a separate sheet of contractor's letterhead paper the following: a. A statement indicating the reason for making each individual proposed substitution(s). b. Provide descriptive catalog literature, performance charts and flow charts as required for each item the contractor proposes to substitute, including the sales/manufacturer's regional telephone number. C. Provide the amount of cost savings or overage if the proposed substitute item is approved. 2. Substituted equipment of materials installed or furnished without prior approval of the City Inspector may be rejected and the Contractor required to remove such materials from the site at his own expense. The City shall have the sole discretion in accepting or rejecting any proposed substitution. 3. No exception taken to any item, alternate or substitute indicates only that the product apparently meets the requirements of the SP 27 of 64 drawings and specifications on the basis of the information or samples submitted. All items must meet or exceed these specifications. 4. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. 5. Manufacturer's warranty is required on any product offered. 6. If, in the opinion of the City , the substitution proves to be unsatisfactory, the Contractor shall remove such work and replace it with the originally specified item at the Contractor's own cost. C. Controller Charts: 1. Record drawings shall be evaluated by the Landscape Architect and/or City Inspector before controller charts are prepared. 2. Provide two (2) controller charts for each controller, unless otherwise directed by the City Inspector. 3. The chart shall show the area controlled by each automatic controller and shall be sized ''/2" smaller than the controller door on all sides. 4. The chart is to be a reduced drawing of the actual record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable when the final controller chart is completed. 5. The chart shall be at least a 30# presentation bond copy. A differing color shall be used to indicate each valve and the same color used to identify the area of coverage for that valve. 6. When completed and approved, the chart shall be hermetically sealed by a plastic lamination process. The plastic laminating sheets shall each be a minimum of 20 mil. thick. 7. Controller charts shall be completed and approved prior to final inspection of the irrigation system. D. Operation and Maintenance Manuals: 1. Prepare and deliver to the City within ten calendar days prior to completion of construction, hard -covered three rings binders SP 28 of 64 containing the following information: a. Index sheet stating Contractor's name, address and telephone number, list of equipment with name and addresses of local manufacturer's representatives. b. Catalog and parts sheets on every material and equipment installed under this contract. C. Guarantee statement d. Complete operating and maintenance instructions on all major pieces of equipment. e. Equipment list providing the following for each item: • Manufacturer's name • Make and model number • Name and address of local manufacturer's representatives • Spare parts list in detail 2. Provide two (2) manuals, unless otherwise directed by the City Inspector. E. Equipment to be furnished: 1. Supply as a part of this contract the following tools and equipment: a. Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve installed under this contract. b. Two (2) five foot valve keys for operation of ball valves Two (2) keys for each automatic controller. C. One (1) quick coupling valve key for each five (5) quick coupling valves installed. 2. The above-mentioned equipment shall be turned over to the City at the end of the Maintenance Phase. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Handling of PVC Pipe and Fittings: 1. The Contractor is cautioned to exercise care in handling, loading, SP 29 of 64 unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new pipe. 1.05 GUARANTEE: A. The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions of these specifications, if any, shall be filed with the City or his representative prior to acceptance of the irrigation system. B. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. C. The beginning date of the one year guarantee shall be from the written final acceptance date established by the City at the end of the Maintenance Phase. If no Maintenance Phase is included in the contract, the beginning date shall be from the acceptance date established by the City at the end of the Construction Phase. D. The guarantee form shown below shall be re -typed onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials, equipment and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defects in material equipment or workmanship which may develop during the period of one year from the date of acceptance. We also guarantee to repair or replace any damage resulting from the defects, or the repairing or replacing of such defects at no additional cost to the City . We shall make such repairs or replacements within a reasonable time as determined by the City after receipt of written notice form the City. All repair work shall completed to the satisfaction of the City. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the City, we authorize the City to proceed to have said repairs or replacements made at our expense. We will pay the costs and charges therefore upon demand. Any temporary repairs made by others to keep the irrigation system operable, does not void or relieve the Contractor of his responsibilities during the guarantee period. PROJECT: ADDRESS: SP 30 of 64 LOCATION: SIGNED: ACCEPTANCE: SIGNED: PHONE: PART 2 — PRODUCTS 2.01 MATERIALS: A. General: 1. Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. B. PVC Pressure Main Line Pipe and Fittings: 1. Pressure main line piping shall be PVC Class 315 for all pipe 2" and larger, and Schedule 40 for all pipes 1-1/2" and smaller with solvent welded joints. 2. Pipe shall be made from NSF approved Type 1, Grade 1 PVC compound conforming to ASTM resin specification D 1784 or D 2241. All pipe must meet requirements as set forth in Federal Specification PS -21-70 (Solvent -Weld Pipe) and meet requirements of Cell Classification 124548. This compound shall have a 2,000 -PSI hydrostatic design stress rating. 3. PVC solvent -weld fittings shall be Schedule 40, 1-2, 11-1 NSF approved conforming to ASTM test procedure D 2466. 4. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of the type and installation methods prescribed by the manufacturer. 5. All PVC pipe must bear the following markings: a. Manufacturer's name b. Nominal pipe size C. Schedule or Class d. Pressure rating in PSI e. NSF (National Sanitation Foundation) approval f. Date of extrusion 6. All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable IPS schedule and NSF seal of approval. Fittings shall be standard weight Schedule 40, injection molded of PVC fitting compound which meets current SP 31 of 64 ASTM D 1784-69 and requirements described in Cell Classification 134548. Threads required in plastic fittings shall be injection molded. Tees and ells shall be side gated. C. PVC Non -Pressure Lateral Line Pipe: 1. Non -Pressure buried lateral line pipe shall be PVC Schedule 40 with solvent -weld joints. 2. Pipe shall be made from NSF approved, Type 1, Grade II PVC compound conforming to ASTM resin specification D1784. All pipe must meet requirements set forth in Federal Specification PS -22-70 with an appropriate standard dimension ratio. 3. Except as noted in paragraphs 1 and 2 of this section, all requirements for non -pressure lateral line pipe and fittings shall be the same as that for solvent -weld pressure main line pipe and fittings. D. Threaded Nipples: 1. Threaded nipples shall be standard weight, schedule 80, grey, with molded threads. 2. Assemble threaded fittings using teflon tape applied to male threads only. E. Joint Primer: 1. Type as recommended by manufacturer of pipe. F. Joint Cement: 1. Solvent type as recommended by manufacturer. G. Ball Valves: 1. Shall be as specified on plans. H. Backflow Prevention Devices: 1. Backflow Prevention Units shall be of the size and type indicated on the drawings. Install backflow prevention units in accordance with irrigation construction details and all local applicable codes and ordinances. 2. Wye strainers at backflow prevention units shall have a bronzed screwed body and shall be the type as specified on the plans. 3. Provide enclosure as denoted on plans. 1. Flow Sensors: SP 32 of 64 Flow sensing equipment shall be manufactured by Rainbird and shall be an insertion type with a non-magnetic, spinning impeller, (paddle wheel) as the only moving part. The sensor sleeve will be brass or 316 stainless steel with the impeller and sensor housing being glass -filled PPS. A Pinion bearing shall be inserted through the impeller and the shaft material shall be tungsten carbide. The sensor will be supplied with a 2" NPT adapter for installation into any commercially available weld -on fitting or pipe saddle. The adapter shall have two (2) ethyl enepropylene O -rings. The sensor electronics will be potted in an epoxy compound designed for prolonged immersion. Electrical connections shall be two (2) single conductor 18AWG leads eighteen (18) inches long. Insulation shall be direct burial "LIF" type, colored red for the positive lead and black for the negative lead. Insertion of the sensor into any pipe size shall be 1-1/2 inches from the inside wall to the end of the sensor housing. The sensor shall operate in line pressures up to 400 PSI and liquid temperatures up to 22- degrees Fahrenheit, and operate in flows of one (1) foot per second up to thirty (30) feet per second. Quick Coupling Valves: 1. Quick coupling valves shall have a brass two-piece body designed for working pressure of 150 PSI operable with quick coupler key. Key size and type shall be as shown on plans. 2. Hinge cover shall be of heavy duty brass construction with a durable high quality locking yellow, (potable) thermoplastic rubber cover bonded to it in such a manner that it becomes a permanent - type cover. 3. Locate valves within 12 inches of hardscape edge unless otherwise noted on plans. K. Normally -Closed Master Valves 1. Master valves shall be the size and type as shown on the drawings. 2. Solenoid, if different from that normally supplied, shall be as specified on the drawings. 3. The remote control valve shall be a normally closed, 24VAC-50/60 cycle solenoid actuated globe pattern design capable of having a flow rate specified on the drawings and a pressure loss not to exceed manufacturer's specifications. The valve pressure rating shall not be less than 2,000 PSI, (13.8 bars, metric). 4. The valve body and bonnet shall be constructed of heavy cast brass, diaphragm shall be of nylon reinforced buna-n rubber. All other internal parts shall be made of bronze, brass, and stainless steel to ensure corrosion resistance. SP 33 of 64 IN A] 5. The valve shall have both internal and external manual open/close control, (internal and external bleed), for manually opening and closing the valve without electrically energizing the solenoid. The valve shall have internal manual bleed to prevent flooding of the valve box. The valve shall house a fully encapsulated, one-piece solenoid. The solenoid shall have a captured plunger with a removable retainer for easy servicing, and a leverage handle for easy turning. This 24VAC 50160 Hz solenoid shall open with 19.6 VDC minimum at 200 PSI, (13.8 bars metric). At 24VAC average inrush current, it shall not exceed .41 amps. Average holding current shall not exceed .23 amps. 6. The valve shall have a contamination -proof (CP) self -flushing nylon filter screen located a the valve inlet to filter out debris and prevent clogging of the hydraulic control ports and assure reliable operation. 7. The valve shall have a stainless steel flow control stem and cross handle for regulating or shutting off the flow of water. The valve must open or close in less than one minute at 200 PSI, (13.8 bars metric), and less than 30 seconds at 20 PSI, (1.4 bars metric). 8. The valve construction shall be such as to provide for all internal parts to be removable from the top of the valve without disturbing the valve installation. 9. The controller assembly shall be provided with a Master Valve Power assembly for the purpose of powering the master valve circuit independent of controller operation to pressurize the mainline for supplemental watering. This assembly shall consist of a timing module (with variable timing in thirty minute increments for up to three hours) mounted to the face of the backboard and pre- wired to a terminal interface board. Electric Remote Control Valves: Electric control valves shall be of the size and type shown on the drawings. 2. Unless otherwise noted on plan or construction details, all electric control valves shall have a manual flow adjustment. 3. Provide and install one control valve box for each electric control valve. 4. Provide and install Christy tags with valve sequence for each valve. Valve Boxes: Ball Valves: Use 10" diameter x 10-1/4" round boxes, Carson SP 34 of 64 industries #910-12B with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. 2. Electric Control Valves: Use 12"x17"x7" deep rectangular boxes, Carson Industries #1419A -12B with green bolt down cover or approved equivalent. 3. Pull Boxes: Pull boxes shall be 10" top diameter, 13" bottom diameter and 10-1/4" deep round box with lock bolt cover. Box shall be green in color. 4. Identification numbers and letters shall be branded onto the box lids in 2 inch high letters and numbers as follows: a. Ball Valves — "BV" b. Quick Coupling Valves — "QC" G. Remote Control Valves — "RCV+Controller Designaton Letter + Valve Number", ie, "RCV-A13". d. Master Valve — "MV" e. Flow Sensor — "FS" f. Pull Box — "PB" 5. Vehicle traffic area boxes shall be concrete with cast-iron lid designed for vehicle traffic use. N. High Voltage Wiring: 1. Electrical work shall conform to all applicable codes, ordinances and union authorities having jurisdiction. Only qualified electricians shall work with high voltage design, equipment or wiring. O. Control Wiring: 1. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG -UF 600 volt. Pilot wires sharing the same automatic controller shall be the same color. Common wire shall be white in color. Provide different colors for each controller installed on the same project. Install wire in accordance with valve manufacturer's specifications and wire chart. In no case shall wire size be less than #14. Wire sizes shall be 14 ga. up to 4,000' from valve to controller. 2. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. 3. Where more than one wire is placed in a trench, the wiring shall be secured together with vinyl cable ties at intervals of ten (10) feet, SP 35 of 64 and placed under the pipe for protection from shovels. 4. An expansion curl shall be provided within three (3) feet of each wire connection. The expansion curl shall be of sufficient length at each splice connection at each electric control valve so that in case of repairs, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in the trench without stress or stretching of control wire conductors. 5. All splices shall be made with Scotch Lok, Connnector Kings, or King "One -Step" wire connectors. Use one wire connector per wire splice. An expansion loop of 18 inches shall be provided at each wire connection and/or directional turn. 6. Field splices between the automatic controller and electric control valves will not be permitted without prior approval of the City Inspector. 7. All extra valve wires and the common wire, shall extend from the controller to a pull box at the farthest valve location for future or spare wires as denoted on plans. P. Cable: 1. All data communications wire connecting flow sensors to the electronics that are buried below grade, with or without conduit, shall be constructed to direct burial specifications similar to Telecommunications Exchange Cable (REA PE -89). 2. The cable shall be constructed of 20AWG or larger copper conductors twisted into pairs of varying lengths to prevent cross talk. Conductors shall be insulated with polyethylene or propylene with a suggested working voltage of 350 volts. The cable shall feature an aluminum -polyester shield and be finished with a black high-density polyethylene jacket. The cable should be equivalent to Belden No. 9883 or Anxiter E-000319DFC. 3. It is important that all wire connections be absolutely watertight with no leakage to ground or shorting from one conductor to another. Epoxy type wire connector kits such as 3M Series 3500 Scotch- LOK connector packs or 3M Series 7000 Epoxy Wire Connector Kits shall be used. If one connector is used for both wire connections, the splices shall be staggered to prevent shorting. Install per manufacturer's specifications. Q. Automatic Controller: SP 36 of 64 1. The automatic controller shall be of the size and type shown on the drawings. 2. The City prior to installation shall approve final location of automatic controllers. 3. Unless otherwise noted on the plans. The 120 -volt electrical power to the automatic controller location shall be furnished by others. The final hook-up of the automatic controller to the 120 -volt power source shall be the responsibility of the irrigation contractor. 4. The controller shall not be connected to the City's central control system at this time. 5. Contact Mr. Scott Kyle at Rainmaster regarding connection to the city central control system, (949) 212-8013. R. Sprinkler Heads: 1. All sprinkler heads shall be of the size, type and deliver the same rate of precipitation with the diameter (or radius) of spray, pressure and discharge in GPM as shown on the drawings. 2. All spray type sprinklers shall have a screw adjustment. 3. Riser/swing joint assemblies shall be fabricated in accordance with the irrigation construction details shown on the drawings. 4. Riser nipples for all sprinkler heads shall be the same size as the base opening in the sprinkler body. PART 3 — EXECUTION 3.01 INSPECTION: A. Site Conditions: 1: All scaled dimensions are approximate. The Contractor shall check and verify all site dimensions. 2. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damage to utilities that are caused by his operations or neglect. Check existing utility drawings or call utility companies for existing utility locations. 3. Coordinate installation of sprinkler irrigation materials, including pipe, so there shall be no interference with utilities, other construction or planting or trees, shrubs and ground covers. SP 37 of 64 4. The Contractor shall carefully check all grades to satisfy him that he may safely proceed before starting work on the sprinkler irrigation system. Verify that the specified depths for buried materials and equipment can be maintained. 5. Verify that landscape irrigation systems may be installed in accordance with all pertinent codes, regulations, design, reference standards and the manufacturer's recommendations. Any installation not in conformance with the above shall be removed and returned at the Contractor's expense. 6. Grades shall be within a tolerance of +/- 0.10 foot prior to installing irrigation systems. 3.02 PREPARATION: A. Physical Layout: 1. The irrigation lines as indicated on the drawings are diagrammatic. All piping and equipment shall be installed within the project boundaries, even if shown outside the boundaries on the drawings. Equipment or piping shown outside the boundaries on the drawings is for design clarity only. Install all piping and equipment within planting areas. 2. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. Install all materials and piping to avoid conflict with trees, shrubs, and all underground utility services. Contact the City Inspector immediately if obstructions prevent routing as denoted on plans. 3. Lay out irrigation heads and make any minor adjustments required due to differences between actual site conditions and the drawings. Adjustments shall be maintained within the original design intent and only after receiving approval from the City Inspector. Do not exceed the maximum or minimum spacing indicated by the manufacturer. B. Water Supply: 1. Sprinkler irrigation system shall be connected to water supply points of connection as shown on drawings. 2. Connections shall be made at the locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. SP 38 of 64 C. Electrical Supply: 1. An electrical connection for automatic controller shall be made to electrical points of connection as shown on the drawings. 2. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. 3.03 INSTALLATION: A. Trenching: 1. Dig trenches straight to support pipe continuously on bottom of the trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the drawings or as noted. a. Provide for a minimum of eighteen- (18) inches cover for all pressure supply lines. b. Provide for a minimum of twelve- (12) inches cover for all non -pressure lateral lines. C. Provide for a minimum of eighteen- (18) inches cover for all control wiring. d. Refer to civil engineer's plans for boring or trenching across paving or under streets. B. Backfilling: 1. The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth, stones, asphalt, concrete or other construction or organic debris such as plant refuse.. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. 2. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one-half (1/2) inch in size will be permitted in the initial backfill. 3. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the City. SP 39 of 64 C. Assemblies: 1. Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various assemblies), in such a manner as to conform to the details on the drawings. 2. Install no multiple assemblies on plastic lines. Provide each assembly with it's own outlet. 3. Install all assemblies specified herein in accordance with respective detail. In the absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with the best standard practice and with the manufacturer's specifications. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. 4. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape shall be used on male threads on all threaded PVC to PVC, and on all threaded PVC to brass pipe connections. Red lead and boiled linseed oil shall be applied to male threads on all galvanized pipe connections. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. 5. Open pipe or tubing ends shall be taped closed during installation to prevent any foreign matter from entering the system. D. Line Clearance: 1. All lines shall have a minimum clearance of six (6) inches from each other and from lines of other trades. Parallel lines shall not be installed directly over one another. In case of reclaimed water crossings, refer to local cross connection details and codes. 2. Place location tape 6" above all mainline piping, low voltage and high voltage wiring. E. Automatic Controller: 1. Install controller per manufacturer's instructions. Remote control valves shall be connected to controller in numerical sequence as shown on the drawings. Wires designated for future use shall be of a different color. SP 40 of 64 F. Remote Control Valves: 1. Install valves where shown on the drawings and per details. When grouped together, allow at least twelve (12) inches between valve boxes. Install each remote control valve in a separate valve box. Square boxes with adjacent paving in a neat manner, squared to the walk and each other. Allow a minimum of 12" between valve boxes if grouped together. G. Flushing of System: 1. After all new sprinkler pipe lines and risers are in place and connected, and all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and a full head of water used to flush out the system. 2. Sprinkler heads shall be installed only after flushing of the system has been accomplished. H. Sprinkler Heads: 1. Install the sprinkler heads or emitters as designated on the drawings. Sprinkler heads and/or emitters to be installed in this work shall be equivalent in all respects to those itemized on the drawings. 2. Spacing of sprinkler heads and/or emitters shall not exceed the maximum as indicated on the drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. 3.04 TEMPORARY REPAIRS: A. The City reserves the right to make temporary repairs as necessary to keep the sprinkler system equipment in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.05 FIELD QUALITY CONTROL: A. Adjustment of the System: 1. The Contractor shall flush clean and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways and buildings as much as possible. 2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting at the contractor's cost. SP 41 of 64 L� Adjustments may also include changes in nozzle sizes and degrees of arch as required. 3. Lowering or raising of sprinkler heads by the Contractor shall be accomplished within five (5) days after notification by the City Inspector. 4. All sprinkler heads shall be set perpendicular to finished grade unless otherwise designated on the plan. Testing of Irrigation System: 1. The Contractor shall request the presence of the City Inspector at the intervals listed below in advance of any testing. 2. The Contractor shall provide "walkie-talkies" for communication from the review area to the controller location. 3. The Contractor shall provide current record drawings at each review. 4. Before testing mainlines, fill the lines with water for a period of at least 24 hours. 5. All hydrostatic mainline testing shall be completed prior to the installation of remote control valves, quick couplers, or other valve assemblies. 6. Test all pressure mainline pipes under hydrostatic pressure of 150 PSI and prove watertight. Testing of pressure main line piping shall occur prior to installation of electric control valves or quick coupling valves. 7. All piping under paved areas shall be tested under hydrostatic pressure of 150 PSI and proved water tight, prior to paving. 8. Sustain pressure in tested lines for not less than two (2) hours. If leaks develop, replace joints and repeat test until entire system is proven watertight. 9. All hydrostatic tests shall be made in the presence of the City Inspector. The test may be made in the presence of the General Contractor's superintendent only if written acceptance of the test is forwarded to the City and City Inspector immediately after testing. No pipe shall be backfilled until it has been observed, tested with all couplings exposed and all pipe sections center loaded, and approved in writing. 10. The Contractor shall furnish the force pump and all other test equipment necessary for the testing of the irrigation system. 11. The Contractor shall make all necessary provisions for thoroughly bleeding the line of air and debris. 12. When the sprinkler irrigation system is completed, perform a coverage test in the presence of the City Inspector, to determine if the water coverage for the planting areas is complete and adequate. Furnish all materials and perform all work required to SP 42 of 64 correct any inadequacies of coverage due to deviation from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate for field conditions. This test shall be accomplished before any groundcover or shrub material is planted. 13. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements to the satisfaction of the City Inspector. 3.06 MAINTENANCE: A. The entire sprinkler irrigation system shall be under full automatic operation prior to any planting. B. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction and Maintenance Phases or work. 3.07 CLEAN-UP: A. Clean up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage sustained on the work or others shall be repaired to original conditions. 3.08 FINAL OBSERVATION PRIOR TO ACCEPTANCE: A. The Contractor shall operate each system in its entirety for the City Inspector at the time of final observation at the end of the Maintenance Phase. Any items deemed not acceptable by the City Inspector shall be reworked to the complete satisfaction of the City Inspector. B. The Contractor shall show evidence to the City Inspector that the City has received all accessories, charts, record drawings and equipment as required before the final observation can occur. C. The irrigation controller shall be certified by Hydro-scape at the time of hook-up to the valves and first schedule setup. 3.09 OBSERVATION SCHEDULE: A. The contractor shall be responsible to establish a schedule of observations with the proper City staff. -End- SP 43 of 64 SECTION 02900 LANDSCAPE PLANTING PART 1 - GENERAL 1.01 SCOPE OF WORK: A. Furnish all labor, materials, equipment, transportation, and services necessary to provide and install landscape planting as shown on the drawings and described herein. B. Related Work Specified In Other Sections: 1. Landscape Irrigation 2. Landscape Maintenance 1.02 QUALITY ASSURANCE AND REQUIREMENTS: A. Source Quality Control: Arrange procedure for inspection of plant material with City Inspector prior to work. Should the contractor desire the City Inspector to inspect the plant material at the nursery prior to delivery, the Contractor shall notify the City Inspector one week prior to this requested inspection. The City Inspector shall invoice the Contractor for the inspection on an hourly basis, portal to portal, including any other expenses incurred. All such invoices shall be paid to the City Inspector prior to any other inspections by the City Inspector to the project site. 2. Submittal of pictures will be allowed for general plant material review. Submittal of pictures shall not be considered as a final inspection of plant material. Final acceptance or rejection of plant material shall only be considered on-site with the actual plant material being considered. 3. Plant material for this project shall consist of the best plant material available. Material not meeting the City Inspector's satisfaction, including multiple rejections, shall be returned to the nursery where it was obtained at no additional cost to the City. 1.03 SUBMITTALS: A. Certificate of Inspection of plant material by State or Federal Authority shall be presented if requested by the City. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: SP 44 of 64 A. Delivery: 1. Deliver fertilizer to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. 2. Deliver plants with legible identification labels. a. Label trees, evergreens, bundles of containers of tike shrubs, or groundcover plants. b. Use durable waterproof labels with water-resistant ink which will remain legible for at least 60 days. 3. Protect plant material during delivery to prevent damage to root ball or desiccation of leaves. 4. The Contractor shall notify the City Inspector forty eight (48) hours in advance of delivery of all plant materials and shall submit an itemized list of the plants. 5. Plant materials of a specific species shall all come from the same nursery to avoid differences in varieties and/or appearance and growth patterns. B. Storage: 1. Store plant material in the shade and protect from the weather. 2. Maintain and protect plant material not to be planted within four (4) hours. C. Handling: 1. Do not drop plant materials. 2. Do not pick up container plant material by stems or trunks. 1.05 JOB CONDITIONS: A. Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted industry practice. 1.06 SAMPLES AND TESTS: A. The City reserves the right to take and analyze samples of materials for conformity to specifications at any time. Rejected materials shall be immediately removed from the site at the Contractor's own expense. The SP 45 of 64 cost of testing of materials not meeting specifications shall be paid by the Contractor. B. The Contractor shall have soil samples tested after finish grades have been established to best represent the site soil conditions. Surface samples shall be taken with a trowel at 0" to 12" deep into finish grade. All samples shall be tested by an established soils laboratory for soil fertility and agricultural suitability. Each sample shall contain approximately one quart, but no less. Copies of the laboratory's recommendations shall be sent to the City and the City Inspector upon receipt by the Contractor with a statement denoting and additional or deductive costs. The Contractor shall then install soil amendments and backfill to conform to the soil laboratory's recommendations by first requesting and receiving a written change order from the City. This report shall also contain recommendations for palm tree sub -soil drainage, import soil for over native soil, and/or any other special conditions particular to the project site and design. Special consideration should be given the soil samples for the presence of soil sterilants as the planting areas were prior under paving. The City may request additional testing of finish grades to determine actual amendment rates per 1.06 A above. The contractor shall include the plant list from the Planting plans along with the soil samples for compatibility comparison by the soils laboratory. 1.07 GUARANTEE AND REPLACEMENT: A. All plant material installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one (1) year from the effective date of completion of the Maintenance Phase of the project as established by the City. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the City Inspector, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the City. B. Any materials found to be dead, missing or in poor condition during the Maintenance Period shall be replaced immediately. The City Inspector shall be the sole judge as to the condition of the material. PART 2 — PRODUCTS 2.01 MATERIALS: A. The following organic and soil amendments and fertilizer are to be used for bidding purposes only. Specific amendments and fertilizer specification will be made after grading operations are complete and soil samples are tested by the Contractor. SP 46 of 64 B. All materials shall be of standard, approved and first grade quality and shall be in prime condition when installed and accepted. Any commercially processed or packaged material shall be delivered to the site in the original unopened container bearing the manufacturer's guaranteed analysis. Contractor shall supply the City Inspector with a sample of all supplied materials accompanied by analytical data from an approved laboratory source illustrating compliance or bearing the manufacturer's guaranteed analysis upon request. C. Organic Material: 1. Nitrogen Stabilized: 0.56 to 0.84% N based on dry weight for redwood sawdust. 2. Particle Size: 95%-100% passing 6.35mm standard sieve; 80%- 100% passing 2.33mm standard sieve. 3. Salinity: The saturation extract conductivity shall not exceed 3.5 millimhoslcentimeter at 25 degrees centigrade as determined by saturation extract method. 4. Iron Content: Minimum 0.08% dilute acid soluble Fe on dry weight basis. 5. Ash: 0-6.0% (dry weight). D. Soil Amendments: 1. Gypsum: Agricultural grade produce containing 98% minimum calcium sulfate. 2. Planting tablets: a. Slow-release type, containing the following percentages of nutrients by weight: 20% nitrogen 10% phosphoric acid 5% potash b. 21 gram tablets as manufactured by Agriform or approved equivalent, applied per manufacturer's recommendations. E. Top Soil: 1. Top soil, as required, shall be obtained from on-site planting excavations if at all possible and shall be approved by the Engineer. SP 47 of 64 2. Top soil shall consist of a natural, fertile, friable, sandy loam soil possessing the characteristics of representative soils in the vicinity which produce heavy growth of crops, grasses, or other vegetation and shall be obtained from natural well drained areas. Before excavating existing soil, the surface at the source of supply is to be stripped to a depth of two inches in order to remove weed seeds, roots, etc. Imported topsoil shall consist of either fine sand or loamy sand textured soil meeting the following specifications: Silt plus clay content of the top soil shall not exceed 30% by weight with a minimum 95% passing the 2.0 millimeter sieve. The sodium absorption ratio (SAR) shall not exceed 6 and the electrical conductivity (ECe) of the saturation extract of the soil shall not exceed 3.0 millimhos/centimeter at 25 degrees Centigrade. The boron content of this soil shall be no greater that 1 ppm as measured on the saturation extract. The pH shall not exceed 7.0 and be not less than 6.0. In order to insure conformance, samples of the import soil shall be submitted to a qualified soil laboratory for analysis prior to shipping. This specification applies to import soil to be used for backfill purposes in problem soil areas. In landscape areas where no soil problems exist, the textural characteristics shall be similar to native soil. The source of soil shall be free from Bermuda grass and other noxious weeds or grasses. Topsoil shall be free from refuse, heavy roots, clay lumps, stones larger than one inch in size, noxious weeds, sticks, brush, litter and other deleterious substances. In no case shall there be more than five percent by volume of the following: stones larger than one inch, coarse sand, and small clay lumps. The Contractor shall furnish the City with the proposed source or sources of topsoil to be used at least fifteen (15) working days prior to delivery. The Contractor at his own expense, shall obtain soil samples from his intended top soil source and have a soil analysis performed by a soil testing laboratory to ensure conformity with the preceding specifications. Topsoil shall not be delivered to the work site prior to approval by the City. Any delay caused by the failure of soil tests to meet these specifications shall be the sole responsibility of the Contractor. F. Plant Material: 1. Plants shall be in conformance with the California State Department of Agriculture's regulation for nursery inspections, rules SP 48 of 64 and rating. All plants shall have a normal habit of growth and shall be sound, healthy, vigorous and free of insect infestations, plant diseases, sunscalds, fresh abrasions of the bark, excessive abrasions, or other objectionable disfigurements. Tree trunks shall be sturdy and well "hardened" off. All plants shall have normally well-developed branch systems, not sparse, irregularly spaced, thin branched or having off -balanced head. All shall have vigorous and fibrous root systems that are not root or pot-bound. The root conditions of the plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than two plants of each species or variety. Where container -grown plants are from several sources, the roots of not less than two plants of each species or variety from each source will be inspected. In case the sample plants inspected are found to be defective, the City Inspector reserves the right to reject the entire lot or lots of plants represented by the defective samples. The City is the final judge of acceptability. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will be provided at the expense of the Contractor. 2. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock unless specified otherwise in these specifications or as otherwise specified in the drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform to the measurements, specified on the drawings. Plants larger in container size than specified may be used with the approval of the City Inspector. But the use of larger plants will make no change in contract price. If the use of larger plants is approved, the ball of earth or spread of roots for each plant will be increased proportionately. 3. Rejection or substitutions: a. All plants not conforming to the requirements herein specified, shall be considered defective and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site of the work and replaced with new plants at the Contractor's expense. The plants shall be of the species, variety, size and condition specified herein or as shown on the drawings. Under no conditions will there be any substitution of plants or sizes listed on the accompanying plans, except with the expressed written consent of the City Inspector. 4. Pruning: a. At no time shall trees or plant materials be pruned, trimmed SP 49 of 64 or topped prior to delivery. Any alteration of their shape shall be conducted only with the approval and when in the presence of the City Inspector. 5. Plant material shall be true to botanical and common name and variety as specified in, "A Checklist of Woody Ornamental Plants in California," Manual 32, published by the University of California School of Agriculture (1963). 6. Nursery Grown and Collected Stock: a. Grown under climatic conditions similar to those in locality of the project. b. Container -grown stock in vigorous, healthy condition not root -bound or with root system hardened off. C. Use only liner stock plant material that is well-established in removable containers or formed homogeneous soil sections. Substitute plant material will not be permitted without specific written approval by the City Inspector. G. Mulch Cover: All shrub planting shall receive a surface layer of nitrogen fortified shredded tree and plant material mulch. Aguinaga Forest Floor 0"- 2" Provide depth of 2" minimum over finish grade in general planting areas, and 1" depth within planting basins. Move mulch away from the root crown to avoid water retention at the base of the shrub/tree. No bare earth shall be showing through mulch cover. Curbs, walks, or other paving shall be located 1" over the top of the mulch cover. H. Miscellaneous Materials: Sand: a. Washed plaster sand or equivalent. 2. Herbicides: a. Pre -emergent herbicide: Ronstar or equivalent b. Post -emergent herbicide: Round -up or equivalent SP 50 of 64 PART 3 — EXECUTION 3.01 INSPECTION: A. Verify that final grades have been established prior to beginning planting operations. B. Inspect trees, shrubs, and liner stock plant material for injury, insect infestation and trees and shrubs for improper pruning. C. Do not begin planting until irrigation mainline pressure test and irrigation coverage tests are accepted. A. Stake out locations for plants and outline of planting beds on the ground with non-toxic substance as gypsum. B. Do not begin excavation until plant locations and plant beds are acceptable to the City Inspector. 3.03 INSTALLATION: A. Excavation for Planting: 1. Pits and Trenches: a. Shape: 1. Dig vertical sides and flat bottom on all pits and trenches. 2. Plant pits to be square for box material, and circular for canned material. b. Size: 1. All plant pits for shrubs shall be dug twice the diameter and the exact depth of the root ball. 2. Refer to the plans for the size of tree plant pits. B. Preparation of Planting Areas: 1. The following materials and rates are included for bidding purposes only. Once the soils report has been reviewed and bid costs adjusted accordingly, the City shall issue a field notification for the actual amendments, rates, and manner of installation. The SP 51 of 64 following materials and rates are for bidding purposes only, a. Tree and Shrub Backfill: 1. 6 parts by volume on-site soil 2. 4 parts by volume nitrogen stabilized organic amendment 3. 1 Ib. 12-12-12 fertilizer per cu. yd. 4. 10 lbs. agricultural gypsum per cu. yd. 5. 2 lbs. iron sulfate per cu. yd., (keep from all hard surfaces, as iron sulfate can stain) 2. All soil areas shall be compacted and settled by application of heavy irrigation to a minimum depth of twelve (12) inches. C. Final Grades: After the foregoing specified deep watering, minor modification to grade may be required to establish the final grade. These areas shall not be worked until the moisture content has been reduced to a point where working it will not destroy soil structure. a. Finish grading shall insure proper drainage of the site. b. All areas shall be graded so that the final grades will be 2" below adjacent paved areas, sidewalks, top of curbs, and valve boxes in shrub/tree areas. G. Eliminate all erosion scars. d. At time of planting, the top two (2) inches of all areas to be planted shall be free of stones, stumps, or other deleterious matter one (1) inch in diameter or larger, and shall be free from all wire, plaster, or similar objects that would be a hindrance to planting or maintenance. e. Finish grading shall be consistent and free from undulations, irregularities or depressions. Areas filled by floating loose soil into depressions shall be thoroughly watered to ensure compaction. D. Dispose of Excess Soil: Dispose of unacceptable or unused excess soil off-site in a manner consistent with local codes. E. Maintenance of Final Grades: It shall be the responsibility of the Contractor to maintain the final grades throughout the Construction Phase. All erosion shall be properly repaired at the Contractor's own cost to the City's satisfaction. Any slope soil run-off onto adjacent paving areas shall SP 52 of 64 be cleaned regularly by the Contractor. 3.04 PLANTING INSTALLATION A. General: 1. Actual planting shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted practice, as approved by the City Inspector. 2. Only as many plants as can be planted and watered on that same day shall be distributed in a planting area. 3. Containers shall be opened and plants shall be removed in such a manner that the ball of earth surrounding the roots is not broken. The plants shall be planted and watered as herein specified immediately after removal from the containers. Containers shall not be opened prior to placing the plants in the planting area. B. Weed Control: 1. After soil preparation and establishment of final grades prior to any planting, the Contractor shall irrigate thoroughly for a period of time, two to three weeks, until the weed seeds have germinated. When there is sufficient weed seed germination, the Contractor shall apply a post -emergent contact herbicide according to the directions of the manufacturer, conforming to any and all codes affecting herbicide handling and use. 2. The contractor shall then wait an additional two (2) weeks to allow the herbicide to dissipate, then plant as indicated in the plans and specifications. 3. The Contractor shall remove any residual foliage. Roots shall be removed except on slopes 2:1 or greater where they shall remain to add to the slope's stability. 4. The City shall be made aware of the scheduling impacts of the weed abatement period prior to starting landscape work. C. Lay -out of Major Plantings: 1. Locations of plants and outlines of areas to be planted shall be marked on the ground with gypsum by the Contractor before any plant pits are dug. All locations as noted on the Planting Plans shall have actual plants provided and layed out on the ground for SP 53 of 64 approval by the City Inspector prior to installation. The contractor shall establish a schedule for review of these sample areas with the City Inspector prior to overall project plant layout. If an underground construction or utility line is encountered in the excavation of planting areas, notify the City immediately to clarify if the utility line is dangerous. Other locations for planting may be selected by the City Inspector. D. Planting of Trees and Shrubs: 1. Excavation for planting shall include the stacking of all acceptable topsoil encountered within the areas to be excavated for trenches, tree holes, plant pits and planting beds. 2, Excess soil generated from the planting holes and not used as backfill or in establishing the final grades shall be removed from the site in a manner consistent with all local codes. 3. Protect all areas from excessive compaction when trucking plants or other materials to the planting site. 4. All excavated holes shall have vertical sides with roughened surfaces. 5. Center plant in pit or trench. 6. Face plants with fullest growth into prevailing wind, unless other wise directed by the City Inspector. 7. Set plants plumb and hold rigidly in position until soil has been tamped firmly around root ball. 8. All plants which settle deeper than specified above shall be raised to the correct level. After the plant has been placed, additional backfill shall be added to the hole to cover approximately one-half of the height of the root ball. At this stage, water shall be added to the top of the partly filled hole to thoroughly saturate the root ball and adjacent soil. 9. Can Removal: a. Cut cans on two sides with an acceptable can cutter. b. Do not injure root ball. C. Do not cut cans with a spade or ax. d. Carefully remove plants without injury or damage to the root ball. e. After removing the plant, superficially cut edge -roots with a MMMMM knife on three sides. 10. Box Removal: a. Remove bottoms of plant boxes before planting b. Remove sides of box without damage to root ball after positioning plant and partially backfilling. 11. Hand backfill and hand tamp leaving a slight depression around bases of plants. a. After the water has completely drained, planting tablets shall be placed as indicated on the manufacturer's specifications. 12. Backfill the remainder of the hole. 13. Planting tablets shall be set with each plant on the top of the root ball whole the plants are still in their containers so the required number of tablets to be used in each hole can be easily verified. 14. Pruning: a. Pruning shall be limited to the minimum necessary to remove injured twigs and branches and to compensate for loss of roots during transplanting, but never to exceed one- third of the branching structure. 15. Staking and Guying: a. Staking of all trees shall conform to tree staking and tree guying details. b. One tree of each size shall be staked and approved by the City Inspector prior to continued staking. 3.05 CLEAN-UP A. After all planting operations have been completed, remove all trash, excess soil, empty plant containers and rubbish from the property. All scars, ruts or other marks in the ground caused by this work shall be repaired and the ground left in a neat and orderly condition throughout the site. The Contractor shall pick up all trash resulting from this work no less frequently than each Friday before leaving the site, once a week, and/or the last working day each week throughout the Construction Phase. All trash shall be removed completely from the site. B. The Contractor shall leave the site area broom -clean and shall wash down all paved areas within the contract area, leaving the premises in a clean condition throughout the Construction Phase. SP 55 of 64 KIM SECTION 02970 LANDSCAPE MAINTENANCE PART 1 — GENERAL 1.08 SCOPE OF WORK: A. Furnish all labor, materials, transportation, and services necessary to provide landscape maintenance to the project as described herein. B. Related Work Specified In Other Sections: 1. Landscape Irrigation 2. Landscape Planting 1.09 GENERAL MAINTENANCE: A. The length of the maintenance period shall be ninety (90) days. This period shall consist of a 60 day planting establishment period and an additional 30 day maintence period. B. Maintenance of plant materials shall include, but not be limited to. Trimming, pruning, watering, fertilization, weed control, cultivation, pest control and clean up. The Contractor shall keep the site in a state of perpetual growth and repair and if necessary plant replacement. Irrigation maintenance shall include periodic operation of the system, adjustments, and minor repairs as necessary. C. All hardscape shall be kept clear of debris from the maintenance operations, erosion, run-off, irrigation, or wind blown debris. Clean up of walks shall be the Contractor's responsibility. Street gutters shall be included within the debris/siltation removal program. SP 56 of 64 D. The Contractor shall provide a general clean-up operation at least once a week for the purpose of removing trash or debris which may accumulate from the use of the area, wind blown debris, or other refuse. E. All personnel on the project shall be well trained, clean, neat at all times, and be conversant with these specifications. F. All work shall be performed in accordance with the best landscape maintenance practices and in keeping with the high aesthetic level of the facilities being maintained. G. Contractor shall be responsible for removing all weeds in joints of curbs, and hardscape throughout the project. H. All landscape areas shall be patrolled weekly to check for vandalism damage, broken tree branches, rodents, insects, pests, diseases and plants showing signs of failure or stress. I. Water management: 1. Water only as required to allow penetration into the soil and avoid excess run-off. Once plant material is established, water only as needed to maintain healthy plant material. 2. Avoid water waste by setting controllers appropriately for the current season and weather. J. Avoid blocking the clear view of signs, illumination of light fixtures, and conflict with pedestrians and vehicles or their views. K. Safety of users shall be a prime goal of maintenance especially in regard to pruning of trees and trimming of plants away from walkways and/or structures. L. The Contractor, at his own expense, shall replace all plant material that has failed during the maintenance phase. 1.10 QUALITY ASSURANCE: A. Work Force: 1. The Contractor's representative shall be experienced in landscape maintenance and shall have received an education in ornamental horticulture. The Contractor shall give his personal supervision to the work or shall have a competent foreman on the job site at all times during progress of the work. SP 57 of 64 2. The Contractor shall provide and maintain a current list of emergency telephone numbers for 24-hour emergency response. The Contractor shall initiate remedial action within two (2) hours from the time of notification. 1.11 MAINTENANCE PHASE: A. The Contractor shall continuously maintain all areas involved in this contract during the progress of the work and during the Maintenance Phase until final acceptance of the work by the City. B. Improper maintenance or poor condition of any plantings as determined by the City Inspector, during or at the end of the scheduled maintenance period may cause postponement of the final completion date of the contract. Project maintenance shall be continued by the Contractor until all work is acceptable to the City. C. Projects will not be segmented into separate Maintenance Phases unless specific work phases are indicated with the contract documents. D. Any period of time the Contractor fails to adequately maintain plantings, replace unsuitable plants, perform weed control or other work, as determined by the City, that time will not be credited to the plant maintenance period, and shall be added on the end of the Maintenance Phase. E. The Contractor's maintenance period shall be extended to the City's satisfaction should the provisions within these plans and specifications not be fulfilled to the City's satisfaction. F. An inspection of plant material and irrigation systems shall commence after the 60 day plant establishment period. Once all deficiencies are corrected, the City will provide a notice to proceed with the final 30 day maintenance period. 1.12 START OF MAINTENANCE PHASE: A. The Maintenance Phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete. B. The Contractor shall request an inspection to begin the Maintenance Phase after all planting and related work has been completed in accordance with the contract documents. If such criteria are met to the satisfaction of the City, a field notification shall be issued to the Contractor from the City, to establish the effective beginning date of the Maintenance Phase. The City has the ultimate authority in setting the beginning date l�Yat-] no for the Maintenance Phase. 1.13 GUARANTEE AND REPLACEMENT: A. All plant material installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one year. This guarantee shall begin from the date of final acceptance at the end of the Maintenance Phase as established by the City. Any plant material found to be dead, missing or in poor condition as determined by the City Inspector, shall be replaced by the Contractor at his expense. B. Any materials found to be dead, missing, or in poor condition as determined by the City Inspector, during the Maintenance Phase shall be replaced immediately, not at the end of the Maintenance Phase prior to inspection. The City Inspector shall be the sole judge as to the condition of material. Material to be replaced within the guarantee period shall be replaced by the Contractor within seven (7) days. 1.14 FINAL PROJECT SUBMITTALS: A. Prior to the date of the final inspection at the end of the Maintenance Phase, the Contractor shall acquire from the City Inspector mylar prints at the Contractor's expense, and record from the job record set all changes made during construction, label as "Record Drawings", and deliver to the City . Prior to the date of final inspection at the end of the Maintenance Phase, the Contractor shall deliver to the City the "Landscape and Irrigation Guarantee" as required. All other submittals as incorporated in the Irrigation and Planting Specifications shall also be completed prior to the final acceptance by the City. PART 3 — EXECUTION 3.01 MAINTENANCE: A. Maintenance shall conform to the following standards: All areas shall be kept free of debris and all planted areas shall be weeded and cultivated at intervals of not more than seven (7) days. Watering, edging, trimming, fertilization, spraying and pest control, as may be required, shall be included in the maintenance period. The Contractor shall be responsible for maintaining adequate protection of the entire project area. Damaged areas caused by erosion, tire damage, grafitti, pests or other damage as deemed by the City shall be repaired at the Contractor's expense. All sidewalks, paved areas and other areas adjacent to the planting SP 59 of 64 areas shall be cleaned of all debris, soil, or other materials at intervals of not more than seven (7) days. 3.02 TREE AND SHRUB CARE: A. Watering: Maintain a large enough water basin around plants in groundcover areas so that enough water can be applied to establish moisture through the major root zone. When hand -watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering. B. Pruning: Shrubs: a. Shrubs shall not be clipped in balled or boxed forms unless such is required by the design. b. All burning cuts shall be made to lateral branches or buds or flush with the trunk. Stubbing will not be permitted. C. Remove any spent blossoms or flower stalks after flowering. d. Hedges and most plant masses shall be pruned into a mass form, not individual plant balls or boxes. e. All shrubs that normally require mowing or severe cutting back for horticultural reasons shall be cut back only after approval to do so by the City Inspector. C. Staking and Guying: Remove stakes and guys as soon as they are no longer needed. Stakes and guys are to be inspected to prevent girdling of trunks or branches and to prevent rubbing that causes bark abrasions. Trees found damaged shall be replaced at the Contractor's expense. D. Weed Control: Keep basins and areas between plants free of weeds. Use recommended legally approved pre -emergent herbicides and removal by hand methods. Avoid frequent soil cultivation that destroys shall roots. Use mulches to help prevent wee seed germination. Avoid post -emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. 2. Use of chemical spraying may be necessary to rid turf areas of noxious weeds. SP 60 of 64 E. Insect Control: 1. Maintain a reasonable control with approved materials and methods that are legally accepted in the area. F. Disease and Pest Control: 1. The Contractor shall be responsible to control all diseases and pests during the Maintenance Phase. All disease and pest control materials and methods shall be at the direction of a licensed pest control operator. The City shall be made aware of all methods and materials to be used for disease and pest control. The Contractor shall implement the control measures exercising extreme caution in using pesticides and taking all necessary steps to ensure the safety of the public. G. Fertilization: 1. Fertilize all planting areas with the following materials. These materials and schedules are intended for bidding purposes only. Actual materials and rates shall be specified in the project soil fertility and agricultural suitability report. Any changes in cost from these specifications shall be approved in writing from the City prior to any work. a. Beginning of Maintenance Phase: Ammonium sulfate 5 lbs./1,000 sq.ft. b. . End of first 30 days: Ammonium sulfate 5 lbs./1,000 sq.ft. C. At additional 60 day periods: Granular Fertilizer 16-6-8 6 lbs./1,000 sq.ft. 2. Avoid applying fertilizer to the root ball and base of main stem; rather spread evenly under plant to the drip line. Rates will vary from about a cup of nitrate fertilizer, (depending on nitrogen percentage) around a newly planted small plant, to about one-half (1/2) Ib. of actual nitrogen per inch of trunk diameter measured four feet from the ground for mature trees. 3.03 IRRIGATION SYSTEM A. The Contractor shall check all systems for proper operation a minimum of once a month. Lateral lines shall be flushed out after removing the last sprinkler head or two at each end of the lateral as deemed necessary. All heads are to be adjusted as necessary for 100%, head-to-head coverage. B. Set and program automatic controllers for seasonal water requirements. The Contractor shall adjust his watering schedule equal to the application rate each area is capable of receiving based on topography, soil type, plant material, season, and weather. Give City a key to controllers and instructions on how to turn off the system in case of emergency. C. Repair all damages to the irrigation system at the Contractor's expense. Repairs shall be made within one watering cycle. All replaced equipment shall match the equipment specified on the plans and specifications. 3.04 FINAL ACCEPTANCE A. The Contractor shall be aware that the landscape shall be in a vigorous and thriving condition prior to final acceptance. All plant material which may still be under stress from the Construction Phase shall at this time be rejected and replaced by healthy and vigorous plant material prior to final acceptance. B. All plant material shall have new growth trimmed neatly. IRM SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces. The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer. 310-5.6.7 Layout, Alignment, and Spotting. The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight. 310-5.6.8 Application of Paint. Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. SP 62 of 64 The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." 310-5.6.11 Pavement Markers. All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290. SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry. SECTION 400 ---ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL ma.w. zmv 400-2 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements. The Contractor shall use crushed miscellaneous base as the base materials. SECTION 600 ---MODIFIED ASPHALTS PAVEMENTS AND PROCESSES 600-2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600-2.1 Asphalt -Rubber 600-2.1.1 General. Asphalt -rubber shall be type B. 600-2.6 Asphalt -Rubber Hot Mix Gap -Graded 600-2.6.3 Rolling. Asphalt -Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self-propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand-by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. For each percentile less that the required 95 percent compaction the unit price for Item No. 6, Construct 2 -Inch Thick Asphalt Rubber Overlay, will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense. 600-2.7 Asphalt -Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer. Asphalt -rubber and aggregate membrane (ARAM) surfacing or interlayer shall be applied to the project. SP 64 of 64 CITY OF o rA NEWPORT BEACH City Council Staff Report June 24, 2014 Agenda Item No. 5. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Alfred Castanon, Associate Civil Engineer PHONE: 949-644-3314 TITLE: Residential Street Overlay Program —Award of Contract No. 5523 (CAP14-0013) ABSTRACT: Staff received construction bids for the Residential Street Overlay Program and is requesting City Council's approval to award the contract to Sequel Contractors, Inc. RECOMMENDATION: a) Approve the project drawings and specifications; b) Award Contract No. 5523 to Sequel Contractors, Inc., for the Total Bid Price of $1,260,941.00, authorize the Mayor and the City Clerk to execute the contract; and c) Establish a contingency amount of $126,000.00 (10%) to cover the cost of unforeseen work not included in the original contract. FUNDING REQUIREMENTS: Upon approval of the proposed FY 14-15 Capital Improvement Project Budget, sufficient funding will be available for this project. The project cost will be expensed as follows: Account Description Account Number Amount Gas Tax 7181-C2001012 $ 1,412,641.00 Total: $ 1,412,641.00 Proposed uses are as follows: Vendor Sequel Contractors, Inc. Sequel Contractors, Inc. American Geotechnical, Inc. Various DISCUSSION: Purpose Construction Contract Construction Contingency Material Testing Printing & Incidentals Total: Amount $ 1,260,941.00 $ 126,000.00 $ 24,700.00 $ 1,000.00 $ 1,412,641.00 At 10:00 a.m. on May 22, 2014, the City Clerk opened and read the following bids for this project: The low total bid amount is 3 percent below the Engineer's Estimate of $1,300,000.00. The low bidder, Sequel Contractors, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for other public agencies. This year's project will focus on 16th Street from the west city limits to Placentia Avenue, Production Place from Monrovia Avenue to Placentia Avenue, Monrovia Avenue, University Drive from Irvine Avenue to the east street end, and La Vida. The work necessary to complete this contract consists of distributing construction notices to affected businesses and residents, construction surveying, removing existing pavement, reconstructing sidewalk, curb and gutter, curb access ramps, landscape and irrigation, adjusting utility and survey facilities and overlaying the street with new asphalt concrete, and other incidental items of work necessary to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 55 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (c) (minor alterations of existing public facilitieswith negligible expansion of the facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential tohaveasignificanteffect onthe environment. BIDDER TOTAL BID AMOUNT Low Sequel Contractors, Inc. $1,260,941.00 2 All American Asphalt $1,283,329.00 3 Palp, Inc. DBA Excel Paving Company $1,356,311.50 4 Hardy & Harper, Inc. $1,377,000.00 5 R.J. Noble Company $1,421,656.50 The low total bid amount is 3 percent below the Engineer's Estimate of $1,300,000.00. The low bidder, Sequel Contractors, Inc., possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates satisfactory completion of similar projects for other public agencies. This year's project will focus on 16th Street from the west city limits to Placentia Avenue, Production Place from Monrovia Avenue to Placentia Avenue, Monrovia Avenue, University Drive from Irvine Avenue to the east street end, and La Vida. The work necessary to complete this contract consists of distributing construction notices to affected businesses and residents, construction surveying, removing existing pavement, reconstructing sidewalk, curb and gutter, curb access ramps, landscape and irrigation, adjusting utility and survey facilities and overlaying the street with new asphalt concrete, and other incidental items of work necessary to complete the work in place. Pursuant to the Contract Specifications, the Contractor will have 55 consecutive working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (c) (minor alterations of existing public facilitieswith negligible expansion of the facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential tohaveasignificanteffect onthe environment. 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). ATTACHMENTS: Description Attachment A - Project Location Maps ATTACHMENT A �1 Y OF COSTA MESA w ----GI-PY OF f II NEWPORT BEACH Iu — 16THS BEET J l �tl w 16TH STREE- CI Y Or z JPO�T 8 CH > LIT ES YARD Q s 0 z \ o CAkD�I�I HALL �T----P�OIDJ�CTKON PL, SCHOOL 1 r7 COASTLINE LINE CONIMU,NJITY \ COLLEGE AA0��LE HO,vIE IFAkr< 15TH STREET LOCATION MAP NOT TO SCALE 00 RESIDENTIAL STREET OVERLAY CITY OF NEWPORT BEACH PROGRAM PUBLIC WORKS DEPARTMENT LOCATION MAP C-5523 6/24/14 E=El UNIVERSITY DRIVE UPPER 1NEVVPORT BAY REGIONAL PARK LOCATION MAP NOT TO SCALE LA VIDA 0 J G Q 2 Q Sof\fl FA CREEK PARK s o� LOCATION MAP NOT TO SCALE RESIDENTIAL STREET OVERLAY PROGRAM LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5523 1 6/24/14