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C-5443(A) - Sunset View Park
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIll111l111lIiIIIlllll11111[1111l11l111111I'Ill!III NO FEE $!lllll11111' 20150003392418:06 am 06130115 47 411 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" NOTICE OF COMPLETION _ NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Qive,' Newport Beach, California, 92660, as Owner, and Micon Construction, Inc, -of Placentia, , ---11 CA, as Contractor, entered into a Contract on February 10, 2015. Said Contract setjprth J certain improvements, as follows: w Sunset View Park - C -5443(A) Work on said Contract was completed, and was found to be acceptable on June 23, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is U.S Specialty Insurance Company. BY City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �TuVVI 24t W16 at Newport Beach, California. BY 44*-� ; 'VY► r� City Clerk L_ ROCK • $A D •� A{�SE MATERIALS REP�� M 4E EC CR E 3' 5 l nY C.7„ 01/14/15 CITY OF NEWPORT BEACH 100 CIVIC CENTER DR NEWPORT BEACH CA 92660 To All Concerned Parties: C-5qq-3 CN8 Publk +'a'Hks JAN r ,, -- This is to advise you that we have not been paid for materials supplied to: Contractor: MICON ENGINEERING Job Address: 100 SUPERIOR AVE NEWPORT BEACH We must have the outstanding balance of $ 11,135.42 on or before 01/27/15. If the payment has not been received we will be forced to record a claim of lien against this property. Sincerely, Jli"/ Credit Department CC: MICON ENGINEERING JCN: 141030 ******2031 ?ate 11,23115 Copies Sent To: City Council City Manager City Attorney � Fill {4 P 200 S. Main St., Ste. 200 • Corona, CA 92882 P.O. Box 3600 • Corona, CA 92878-3600 (951) 685-2200 • (800) 834-7557 • Fax (951) 493-6426 June 23, 2016 Micon Construction, Inc. Attn: Kimberly Garrigues 1616 E. Sierra Madre Circle Placentia, CA 92870 Subject: Sunset View Park — C -5443(A) Dear Ms. Garrigues: CITY CLERK'S OFFICE Leilani Brown, MMC On June 23, 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 June 30, 2015 Reference No. 2015000339241, The Surety for the contract is U.S. Specialty Insurance Company and the bond number is 1001010016. Enclosed is the Faithful Performance Bond. Sincerely, ),jq� / ,�' ,''i 19r O�� � � � V1� Leilani l"". B��•ro___wn, MMC City Clerk Enclosure 100 Civic Center Drive e Post Office Box 1768 • Newport Beach, California 92653-8915 Telephorxe: (949) 644-300.5 * Fax: {949) h44-3039 « wwvw.ne:wpwtbeachca.gov Executed in Duplicate EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 1001010016 FAITHFUL PERFORMANCE BOND Premium is for contract term and is subject to adjustment based on final contract price The premium charges on this Bond is $4,530.00 rate of $ 25.00 per , being at the thousand of the Contract price. for first $100,000 o1 contract amount; P3.56 per thousand for remainder WHEREAS, the City of Newport Beach, State of California, has awarded to Micon Construction, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of clearing and grubbing, grading, exporting importing soil, hardscape improvements, drainage improvements, and landscaping and irrigation improvements." 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 U.S. Specialty Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Thirty Five Thousand Three Hundred Seventeen Dollars ($235,317.00) 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 Mlcon Construction, Inc. Page B-1 event City Is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 13th day of August 2014 Micon Construction, Inc. _/� -WL Name of Contractor (Principal) Authorized Signature/Title Gene F, Holle President U.S. Specialty Insurance Company Name of Surety 625 The City Drive South, Suite 130 Orange, CA 92868 Address of Surety 714-740-7000 Telephone &U/Ii, /3 , D/tA4(. Authorized Agent Signature Laurie B. Druck, Attomey-in-Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Micon Construction, Inc. Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE C sq�2 x .� a]Ls�.x� .atcX.aS.w,,gtq�Y'Cgi a�q .� .qui: �<rc�' .-��va :�P;at�•_a¢/.ci<:�i ata�27 State of California l County of 0r�,_" e, Jy On A4 jve,+ m2o (4 before me, Li v<_do, roa_c.i " uv+ar!7 �i til l G Date Here Insert Name!and Title of the Officer personally appeared LINDA MACKEY Commission a 2014985 NOWY Public - Gl#onW WMP C"" Oct 11, 2011 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and t/j official seal. p Place Notary Seal Above Signature: I &J 9u tP ,0 / Signature of Notary Pu*C OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Ptx_F9FryAvlC2, Document Date: Number of Pages: Z Signer(s) Other Than Named Above: " Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: r.�.tti•<.-•s�.<l.«;t�:`;��i ��.c�, �...c..c�y �e. vs�.-, U<cw, �,�.:�y��.v � .-.'.��,c�..�.:�v �.. d«;s�s�,. CALIFORNIA ALL-PURPOSE AC' 'OWLEDGEMENT State of California SS. County of San Bernardino On August 13. 2014 before me, Cynthia J. Young Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Laurie B. Druck Name(s) of Signers) x CYNinIA J. YOUNG y'• Commission # 1982442 a 4�z;! Notary Public •California " San Bernardino County il My Comm. Expires Jul 15, 2016 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. gnatur -t-ry Publi 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(les) Claimed by Signer(s) Signer's Na ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: ACKNOWLEDGMENT State of California County of }ss. Nil 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (sea[) ACKNOWLEDGMENT State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Micon Construction, Inc. (seal) till Iq,li l� 11111 ill I,I illl I'li I'I IMI III 1!, 111, POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY l W u Y THESE PRESENT& The n Contractors Indll Itfornia corporatua�l e Maryland9"t&Md ecialty Insur�"aI'I�I II, d�In II is corporation _ t"hese resent ap�int: "illllpin�l'lll I' ko IIN olll Jay P. Freeman, Pamela McCarthy, Laurie B. Druck, or Cynthia J. Young of San Bernardino, California its true and lawful Attomey(s)-in-fact, each n din their separate capacity if more than one is named above, with full power and authority �Iemby el&its name, place stead tolls'' r J�Eowledge and deli_ve o al ds, recognizance' ul 4f � '_rs or contrac GII IIII��..,,II�� yylp II(' riders a IrT d� of surety, P tD Beed IIII II' IIIV I III' `� *** — Dollars �I� Rl hl Million ($. — ,"- Iii ower of Attorney shall expire t(hoor further action on December OT.3m— ---Mis Power of Attorney is grantet�n er Wand authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President. any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is herebyvested. with full power and authorityAltoppoint any one or more suitable persons as Ai�mey(s)-in-Fact to represent and or f Won', If of the Company subject to the following f and g pitta �Conswcnon contracts,oand anonand all n Fq�Il -- wen fill power tib a��I_ behal knowledge andtsagreements ort roma or otihga[ory u k rid I' jp� all consents forte ai r,f �reentages and/or final estimates on en mee y and documents canceling or terminadng t pony's liability thereunder, and any such instruments so executed by any suchAttomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and et%cted by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating th= bide any power of attomey or ce, I icatelll ng 'I' He signature or Facsimile Amish xand . binding upon the Company with o }ti _ - which it is attachp'll III �'III lip" �I, IIII II�III tT HEREOF, The Cd e a 'c H� u l this instrument to eWn r�rporate seals to be z s - 10th day of December, 2012.. -- - AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY a� _ _ wlllli,l bill _ Ilhl I'lll�'hlll I (IIII VIIII I,IV- II II Y e �' s Daniel P. Aguilar, Vice President State of California 'r;I (aD7tyieS S$: III IIII sl pllllllll1111111, 1111''1 lillillllllIIp�III:. ecelilber, 2012, bale Il e�l, §I I� j ;' a notary publt of lA— Ill P. Aguila ]]l sm mencan Contractors Indemnity Co I y, nned States Surety Company aiRM.S-Specialty Insurance Company w o proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument. and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the_ titerso acted, executed the mstrumenL iadilifftnJWWWIJ OF I,�lilly III�� I E v rand an8 offic alse J dillin-twill the State of ii I wl' I'Ii !III Il r 09 Paragraph t awl _r r aaatoat iMglp Signature f� — (Seal) uonyt� OWnn" Las A=CaMnts JI- msea L [aotneecrby Secretary II Ia 1 h Cq FIl i iii pxegoinglty C is a �ti ompantes, which is still in ful $o� �'t: Yd e t; °'furthermore, the re Attorney are in full force and effect. In Witness Wh reof, I have hereun o set my hand and affixed the seals of said Companies at Los Angeles, California this I,3r-r[ day Qf a0II ll I'll, 1", 110111 i _ "I 111 11 I'II III, kI li I,I r' MN =orporate Seals I, IIII i� I w Bond No.,101/o/m'6A ° Jeannie Lee sistant Secret> _ Ary yllli CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC September 4, 2015 Micon Construction, Inc. Attn: Kimberly Garrigues 1616 E. Sierra Madre Circle Placentia, CA 92870 Subject: Sunset View Park C -5443(A) Dear Ms. Garrigues: On June 23, 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 June 30, 2015, Reference No. 2015000339241. The Surety for the bond is U.S. Specialty Insurance Company and the bond number is 1001010016. Enclosed is the Labor & Materials Payment Bond. Sincerely Nyv"" 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 Executed in Duplicate EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 1001010016 Premium included in charge for Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Micon Construction, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of clearing and grubbing, grading, exporting importing soil, hardscape improvements, drainage improvements, and landscaping and irrigation Improvements." 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, U.S. Specialty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Thirty Five Thousand Three Hundred Seventeen Dollars ($235,317.00) 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 Micon Construction, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder 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 Principai and Surety, on the 13th day of August 12014 Mioon Construction, Inc. Name of Contractor (Principal) Aut orized Signature/Title Gene F, Holle President U.S, Specialty Insurance Company Name of Surety 625 The City Drive South, Suite 130 Orange, CA 92868 Address of Surety 714-740-7000 Telephone �rz,,cALL arc., Authorized Agent Signature Laurie B. Druck, Attorney -in -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Micon Construction, Inc. Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 � BM2 .m _ State of California County }}of Drart�e On usi I82d(�} before me, L° � Md Ivor PL.�jc Date _ Here Insert Name and Title of the OffIcer personally appeared LINDA MACKEY Commksks • 2011995 Notary Pub k - CditMI* C CM tt 2011 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official hseal. Place Notary Seal Above Signature: l Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Fat IMBx1 oytA Document Date: 963 Za Number of Pages: Z Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: y4'v4'=,4C✓'uG�,�^�K�4. :sLy.�a4<U4L:4=� u4`.4,� v4;±ii +i�, 'CALIFORNIA ALL-PURPOSE AC' tOWLEDGEMENT State of California ` /) ss. County of San Bernardino On August 13. 2014 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Laurie B. Druck CYNTHIA J. YOUNG ~``� Commission # 1982442 Z ,=:gat Notary Public - California z Z °�' San Bernardino _1115.'2016 ounty .. My Comm. Expi; es Jul 15, 2016 Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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. 4 nat Notary Pub' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact O Trustee ❑ Guardian or Conservator Other: Signer is Representing: Number of Pages: ACKNOWLEDGMENT State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names) Ware subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT State of California County of - 1 ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Micon Construction, Inc. (seal) - —_ I rill III it III I I _ - II1�11II�IIII I1'j'1I111 II {j': t>� Illi yl IIID:, IIIII�II1 —. - .. —' POWER OF ATTORNEY AMERICAN CONTRACTORS ORS INDEIhNi TY COMPANY UNTIED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY THESE PRESEN'& T teen Contractors Ind u 1 hfomia corporationi ted s - Ix a II _ � o Maryland c lGMtM Md ecialty Insure II y g corporation - �thesepresenta tit app int: li9,lll`'' IYp l 'u91..u1��'I IIIt Jay P. Freeman, Pamela McCarthy, Laurie B. Druck, or Cynthia J. Young of San Bernardino, California p capacity if more than one is named above, with full power and authority its true an lawful Attomey(s) m fact, each in their separateheia its name, place al ate 1 t u °r knowledge and deltY�nl�ds, recognizaneI us or contrac(alI 1,119 ipl�de riders, arrillijilidtt� of surety, p 1 tt exceed tl II a Million*'*� � Dollars ($ (1 �tlus Power of Attorney shall expire"out further action on DecemberOS;�fff6.�fhis Power of Attomey is gran£Wftnder and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and Aglunityglislappoint any one or more suimble person. as Aft nr ey(s}in Fact in represent and aM fq ilii on Iltalf of the Company subject to the following .off -.--' III I�I19,' Ii'118D IIS a IIII -- tt y iven full mwerAVa iW-6 of and on behal a1 Ito e, nowledge and d i b -- o;,�za l acts�g[eements ori �,orra�or obligatory u 1 1� $,1 !I' in a a all consents fo f—rE percentages and/or final estimates on engmeermgand constmetion contracts, and any and all nMEA anil documents canceling or terminating t r�� Company's liability thereunder, and any such instm nems so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thendo bX&Illimileigiad any power of attorney of ce �ica ho Ing I 1 simile signature or facsimile seal sha ah binding upon the Company swth Oyu which it is attach II 1I' I" 1 — o IIII6t 1 11 II 4,ji - > - - HMEOF, The Co �e I, ,aJ I this'll instrument to _ int r rporate seals to bel! eX 10th day of December, 2012. - AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY. COMPANY U.S. SPECIALTY INSURANCE COMPANY pgcr }� ri "IIII (IIII o+n oerA, Iii III I:11 lui Ili '1 PI III — _ Daniel P. Aguilar, Vice President State of California 4,ttr6%, of les SS: �, 1 11 }- �l .IIII 1111[111 IIIpI II II, 1 III � ISI h (IIII �+ ecember 2012 b I1 1 tary P gui e y � g a no ub " �tiel P. A l l AMBF American Contractors Indemnity Cool United States Surety Company anal £7 Specialty Insurance Company wtto proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged. to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which thiepersoacted, executed the mstrumiERF M ulllljl IIIA 1111{(IIII+'Ip111 11IIIII1 _ ;PeftfAraMiMNALTY OF PEAU I tbMA the State oftl tl' t I I }eg ipg paragraph) a I lfIRNri mi and official seams I,�IVII III ll 11 1" mi rt — --- Signature , (Seal) [Assistant SecretarAJ f4 6Id Indemnity hereby c1�1aI e'I{ 1',;,Ifrithermore,d '.,,regoing s i om ries, which is still in e 'Inde ct;' the Attorney are in full force and effect. In Witness Whereof, t have here to set my hand and affixed the seals of said Companies at Las Angeles,. California this day �fRON.-1Y1 s. - - 111(1 IIII III 'I 11IhLI IIII � V "II IIIII II t oiporate Seals - — - IIIIIII u6"III III III IIIltll� IIpI"�fl. AArr,, � oPiMiroRe aa. .g;�p,51SURprr ���o`1in.urp�Sa Bond N��o(? �� � o o� E +- Jeannie Lee slstant Secretary Aggric „� 1 f I — - W poRr p �P C��IFORN June 24, 2015 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 CITY OF NEWPORT BEACH CITY CLERK'S OFFICE Leilani Brown, MMC RE: Notice of Completion for the following projects: • Bayside Drive Storm Drain Litter Removal - Contract No. 5954 • Sunset View Park - Contract No. 5443(A) • Traffic Signal Modernization Phase 6 - Contract No. 5442 Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sinc��er``elly, ,,,� Leilani I. Brown, MMC City Clerk Enclosures 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Micon Construction, Inc. of Placentia, CA, as Contractor, entered into a Contract on February 10, 2015. Said Contract set forth certain improvements, as follows: Sunset View Park - C -5443(A) Work on said Contract was completed, and was found to be acceptable on June 23, 2015 by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is U.S Specialty Insurance Company. BY City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. ,,�� r� Executed on ` IAYK 1 i '�%U at Newport Beach, California. BY City Clerk CTY OF F NEWPORT BEACH City Council Staff Report June 23, 2015 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Andy Tran, Senior Civil Engineer PHONE: (949) 644-3315 TITLE: Sunset View Park Improvements — Notice of Completion and Acceptance of Contract No. 5443 (CAP14-0027) ABSTRACT: On August 12, 2014, City Council awarded Contract No. 5443 to Micon Construction, Inc. for the improvement of a small portion of Sunset View Park, for a total contract cost of $235,317.00 plus a contingency allowance of approximately 10 percent. The required work is now complete and staff requests City Council acceptance and close out of the construction contract. RECOMMENDATION: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion; 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 City Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount General Fund 7015-C4002012 $ 102,857.28 Contributions 7251-C4002012 $ 150,000.00 Total Construction Cost: $ 252,857.28 12-1 DISCUSSION: Overall Contract Cost/Time Summary This contract involved improvements to the upper portion on the west end of Sunset View Park and included features such as new landscaping and irrigation and a concrete walkway. The contract also included site amenities such as installation of a pet waste dispenser, a trash receptacle and a bench for public convenience and enjoyment of park users at a scenic viewpoint overlooking the Harbor, Peninsula and the Pacific Ocean. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract costs are as follow: Original bid amount: $ 235,317.00 Actual cost of bid items constructed: $ 235,317.00 Contract change order: $ 17,540.28 Final contract cost: $ 252,857.28 The final overall construction cost was approximately 7.5% over the original bid amount. The majority of the change order costs were associated with the need to add some additional amenities to Sunset Ridge Park just across Superior Avenue. To elaborate on this, after several months of heavy public usage of the newly opened Sunset Ridge Park across the street, it became evident that additional trash receptacles and pet waste dispensers were needed due to the high number of park visitors. Since the Sunset Ridge Park contract was already substantially completed and its contractor was no longer available to address this item, staff acted on the opportunity of having our Sunset View Park contractor (Micon Construction), on-site and with good pricing, to install the additional trash receptacles and pet waste dispensers needed at Sunset Ridge Park. The original contract allowed for 50 consecutive working days to complete the original scope of work. The contractor was allowed 50 additional working days to accommodate the weed abatement period, inclement weather and additional time needed to complete extra work associated with change orders. The project was substantially completed on January 29, 2015. A summary of the project schedule is as follows: Estimated Completion Date per July 2014 Schedule: December 26, 2014 Project Awarded for Construction: August 12, 2014 Completion Date per Contract and Approved Extensions: February 2, 2015 Actual Substantial Construction Completion Date: January 29, 2015 12-2 Actual Awarded Contract Final Cost at Contingency % Due to % Due to Amount Completion Allowance Contract Directed Unforeseen Change Change Change $235,317.00 $252,857.28 Approx.10% +7.5% 7.3% 0.2% Actual Time Allowed Contract Time (days) 100 -2 Under (-) or Over (+) This contract involved improvements to the upper portion on the west end of Sunset View Park and included features such as new landscaping and irrigation and a concrete walkway. The contract also included site amenities such as installation of a pet waste dispenser, a trash receptacle and a bench for public convenience and enjoyment of park users at a scenic viewpoint overlooking the Harbor, Peninsula and the Pacific Ocean. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract costs are as follow: Original bid amount: $ 235,317.00 Actual cost of bid items constructed: $ 235,317.00 Contract change order: $ 17,540.28 Final contract cost: $ 252,857.28 The final overall construction cost was approximately 7.5% over the original bid amount. The majority of the change order costs were associated with the need to add some additional amenities to Sunset Ridge Park just across Superior Avenue. To elaborate on this, after several months of heavy public usage of the newly opened Sunset Ridge Park across the street, it became evident that additional trash receptacles and pet waste dispensers were needed due to the high number of park visitors. Since the Sunset Ridge Park contract was already substantially completed and its contractor was no longer available to address this item, staff acted on the opportunity of having our Sunset View Park contractor (Micon Construction), on-site and with good pricing, to install the additional trash receptacles and pet waste dispensers needed at Sunset Ridge Park. The original contract allowed for 50 consecutive working days to complete the original scope of work. The contractor was allowed 50 additional working days to accommodate the weed abatement period, inclement weather and additional time needed to complete extra work associated with change orders. The project was substantially completed on January 29, 2015. A summary of the project schedule is as follows: Estimated Completion Date per July 2014 Schedule: December 26, 2014 Project Awarded for Construction: August 12, 2014 Completion Date per Contract and Approved Extensions: February 2, 2015 Actual Substantial Construction Completion Date: January 29, 2015 12-2 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15304, Class 4, of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project involves minor alterations to the condition of the land and does not involve removal of mature, scenic trees. 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 - Location Map Attachment B - Protect Photo 12-3 SUNSET RIDGE PARK SUPERIOR AVE WFsTc�AST Hi ® a PROJECT N.T.S. LOCATION Sunset View Park Location Map ATTACHMENT A SUNSET VIEW PARK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5443 06/23/2015 12-4 y , i. i � j f � M L City Clerk • If 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 23rd day of July , 2014, at which time such bids shall be opened and read for .,. Contract No. 5443 $ 222,700.00 Engineer's Estimate -----2 roved by<It— k/David A. We6b City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19`h Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project. "A" and "C-27" For further information, call Andy Tran, Project Manager at (949) 644-3315 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: L92J/wvnv.NewnortBeachCAgov CLICK: Online Services / Bidding & Bid Results City of Newport Beach SUNSET VIEW PARK Contract No. 5443 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 IN City of Newport Beach SUNSET VIEW PARK Contract No. 5443 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 8. 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". 9. 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. 744198- A, B, C8, C12, C27, D12, D34 Contractor's License No. & Classification Micon Construction, Inc Bidder Authorized Signature/Title Gene F. Holle-- President July 22, 2014 Date 4 Bond No. 244172-101 City of Newport Beach SUNSET VIEW PARK Contract No. 5443 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 amount bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of SUNSET VIEW PARK, Contract No. 5443 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", 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 15th day of _ July 12014, Micon Construction, Inc. � Name of Contractor (Principal) Authorized Signature/Title Gene F. Holle— President U.S. Specialty Insurance Company A aUllt e. S Z D /)�,�., L Name of Surety Authorized Agent Signature 625 The City Drive South #130 Orange, CA 92868 Address of Surety 714-740-7000 Telephone Laurie B. Druck, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 CALIFORNIA ALL-PURPOSE ACP--'OWLEDGEMENT State of California /) ss. County of San Bernardino On July 15, 2014 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Laurie B. Druck Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, i`-� CYNTHIA J. Yp�NG and that by her signature on the instrument the Commission # 1982442 person, or the entity upon behalf of which the person Notary Public - california z acted, executed the instrument. .a,. San Bernardino County z My Comm, Expires Jul 15, 2016 n 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ignat I 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: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here —� i_ - =-_-- _- POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States _ Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, "Companies"), do by these presents make, constitute and appoint: Jay P. Freeman, Pamela McCarthy, Laurie B. Druck, or Cynthia J. Young of San Bernardino, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred hiits name, place and stead, to execute, acknowledge and deliver any and all brands, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond I penalty does not exceed *****Three Million***** Dollars ($ **3,000,000.00** ). This Power of Attorney shall expire without further action on December 08, 2016. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following _ provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, anyandall bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for` the relea§ of retained' percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signd"14 their corporate seals to be hereto affixed, this 10th day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corpaw orate Sul — Corporate — �OSRACTORS�,y 5Ut�lcl}, O _ Q + '- — _- JlCpiPpgATEU � ' W L SEPT 23, 199P = ya 9 Daniel P. Aguilar, Vice President State of California OcgL fORR`P.` County of Los Angeles SS: On 10thday of December, 2012, before me, Vanessa Wright, a notary public, personallyappeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S: `Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. - 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph `_is true and correct. WITNESS my hand and official seal. - - r Signature',- (Seal) Commission # 1998519 Rotary public • Conorals Los Angeles County nemnt. Fxdres Dee 8, 2016 I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a` Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Wit ess Whereof, I have hnereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 15 day Corporate Seals TORy kOP.VONAiEO Jeannie —Lee No. 3 Assistant Secretary Agencz _ r ffORN\P".``` ru iii Y2` in*. — CS.TC �� c�•,.ca�`.za .caS�C_�a�_saG��•..� _.�C_c�C�C� _.�. �,s�R�C�C�C_s�C.saC.�C�S_�� ��� ,.�i•..caC.caC��C/sa��S_Z�C_�C� .TC_�C_��C.. State of California County yyooff jb�a►�l�I� f , On Uh4 22,2ot� before me, `� A A.C� k,(6 l_(, a �t�� f L Date Here Insert Name and Title of 1he Officer personally appeared Ge-,oe. 4p Name(s) of Signer(s) OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: iiiAA-,,- 513gnj Document Date:. -711 tWiL� Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ✓Z' Z'vZ�✓,Z�Z�Z•,v 'v: �Z4�Z��'✓Z-.•�q•�4'� •✓ -•✓6�Z'•✓Z'✓Z�.�✓Z��..ti"✓.Z�Z'✓ -s •✓ •✓i, y _�Z... tiZ'✓6�Z'•vZ'✓Z✓Z'�Z��"✓�Z'✓4MAN" M 1J M.M10Mbj-.j1yj 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 LINDA MACKEY his/her/their authorized capacity(ies), and that by Commission #E 20449951z his/her/their signature(s) on the instrument the Notary Public -California > person(s), or the entity upon behalf of which the Orange County Expires Oct 11, 20 acted person(s) executed the instrument. iAY ColnrO. *? LINDA MACKEY I certify under PENALTY OF PERJURY under the laws Commission #► 2044995 of the State of California that the foregoing paragraph Notary Public - California is true and correct. Onnpe County M Comm. Ex fres Oct 11, 2011 WITNESS my hand and official seal. Place Notary Seal Above Signature: O� -"Ap� Signature of Notary Pul6c OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: iiiAA-,,- 513gnj Document Date:. -711 tWiL� Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ✓Z' Z'vZ�✓,Z�Z�Z•,v 'v: �Z4�Z��'✓Z-.•�q•�4'� •✓ -•✓6�Z'•✓Z'✓Z�.�✓Z��..ti"✓.Z�Z'✓ -s •✓ •✓i, y _�Z... tiZ'✓6�Z'•vZ'✓Z✓Z'�Z��"✓�Z'✓4MAN" M 1J M.M10Mbj-.j1yj City of Newport Beach SUNSET VIEW PARK Contract No. 5443 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: [X+1 YrIe 1/ fiss, SUI a46 Address: ` Ly o >n Phone(.-� State License Number: Email Address: e) Q Name: Address: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address Micon Construction, Inc Bidder AMe 17F�, & Tient City of Newport Beach SUNSET VIEW PARK Contract No. 5443 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name MhcOn Construction, Inc 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 Heritage Park Project Description new irrigation system, planting, maintenance Approximate Construction Dates: From 1/23/14 Agency Name City of West Covina Contact Person Nlike Randazzo To: Present Telephone ( 629 201-3317 Original Contract Amount $108,618 Final Contract Amount $ 115,341 If final amount is different from original, please explain (change orders, extra work, etc.) change orders, extra work, requested by customer 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 A No. 2 Project Name/Number bona E-tary School Project Description installation of playground equipment, concrete, misc. Approximate Construction Dates: From 7/9/14 To: 7/18/14 Agency Name GC: EC Construction (Alhambra USD) Contact Person James Bleeker Telephone (626) 705-0923 Original Contract Amount $15,741 Final Contract Amount $ 15,741 If final amount is different from original, please explain (change orders, extra work, etc.) None 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 No. 3 Project Name/Number Moreno Valley Ccmminity Center Project Description demolition, installation of playground equipment, safety surfacing Approximate Construction Dates: From 2/1/14 Agency Name City of Moreno Valley To: 3/15/14 Contact Person Tony Hetherman Telephone ( 95� 303-7169 Original Contract Amount $ 25,085 Final Contract Amount $ 25,085 If final amount is different from original, please explain (change orders, extra work, etc.) None 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 10 No. 4 Project Name/Number Tamscal Valley Sports Park, Corona Project Description install Play equipment, splashpad, safety surfacing Approximate Construction Dates: From 1/4/12 To: 4/5/13 Agency Name CC: Soltek Pacific Construction (County of Riverside) Contact Person Kathleen Strap Telephone (619 296--6247 Original Contract Amount $ 1079250 Final Contract Amount $ 166,430 If final amount is different from original, please explain (change orders, extra work, etc.) change orders, extra work, scope of work increased 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 No. 5 Project Name/Number Bobby Bonds Park Project Description Playground improvements, concrete, fencing, irrigation, landscape Approximate Construction Dates: From 12/10/13 Agency Name City of Riverside To: 4/11/14 Contact Person Andrew Finery Telephone P51) 826-2021 Original Contract Amount $ 206,810 Final Contract Amount $ 238,637.20 If final amount is different from original, please explain (change orders, extra work, etc.) Change orders, extra work 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 11 No. 6 Project Name/Number Kennedy ES, Niemes FS, Willow FS Project Description remove & install new playground equipment, safety surface, concrete Approximate Construction Dates: From 6/2014 To: 7/2014 Agency Name ABC Unified School District Contact Person Joshie Cox Telephone (563 926-5566 ext. 21218 Original Contract Amount $49,266 Final Contract Amount $ 49,266 If final amount is different from original, please explain (change orders, extra work, etc.) None 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. None Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Macon Construction, Inc '000z Bidder Authorized Signature/Title Gene F. Holle- President 12 CALIFORNIA I ARIZONA I Nv (ADA tM Gene Holle President CM!RCTIOON INC. EXPERIENCE AND TECHNICAL QUALIFICATIONS PERSONNEL: 1) List each person's job title and % of time to be allocated to this project: Gene Holle President Don Napolitano VP-Secretary/Treasurer Mitch Holle Estimator Kimberly Garrigues Project Manager Gustavo Zazuetta Superintendent 2) Summarize each person's specialized educations: Gene Holle Construction/ Engineering Don Napolitano Landscape Architect/ Business Management Mitch Holle Estimating/ Vortex Certified Installer Kimberly Garrigues Construction/ Project Management/ Scheduling Gustavo Zazuetta Construction 3) List each person's years of construction relavent to the project: Gene Holle Don Napolitano Mitch Holle Kimberly Garrigues Gustavo Zazuetta 4) Summarize each experience 10% 10% 20% 50% 100% 30+ 30+ 30+ 12+ 20+ Gene Holle Grading, foundations, site work, design/build Don Napolitano Landscape/ Irrigation, CFO, design/build Mitch Holle Estimating, Plumbing, Splashpad construction Kimberly Garrigues Project Management, scheduling, purchasing, estimating Gustavo Zazuetta On-site foreman/ superintendent City of Newport Beach SUNSET VIEW PARK Contract No. 5443 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Q'ange ) Gene F. Holle beiog firstduly sworn, deposes and says that he or she is President of con lonstruction, Inc , 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 declare under penalty of perjury of the laws of the State of California t at the foregoing is true and correct. MHcon Construction, Inc Bidder Authorized Signature/Title Gene F. Holle- Presid Subscribed and sworn to (or affirmed) before me on this 224J day of T. 204-3 Z0t4 w' by F'12� 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] LINDA MACKEY 0MYCoCommission #E 2044995 m.Egm Notary Public - Caliitornia OrangeCounty t 11 2017 13 Notary Public My Commission Expires: a' - It ; -2-01 "1 City of Newport Beach SUNSET VIEW PARK Contract No. 5443 DESIGNATION OF SURETIES Bidder's name Micon Construction, Inc Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): HOC Surety Group- 625 The City Drive, Suite 130, Orange, CA 92868 (All bonds) 14 City of Newport Beach SUNSET VIEW PARK Contract No. 5443 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Micon Construction, Inc Record Last Five (5) Full Years Current Year of Record Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 e 10, Current Record Record Record Record Record Year of for for for for for Record 2013 2012 2011 2010 2009 Total 2014 No. of contracts 12> Z5 -Z-1 Z i ZS 1211 Total dollar Amount of Contracts (in $000 loco 75cxj -7&w 6300D 4#3 (00 Thousands of $) No. of fatalities © d No. of lost Workday Cases 0 ® ® d 0 0 0 No. of lost workday cases involving permanent p ® © 0 0 0 transfer to another job or termination of employment The information required for these items is the same as reauirPci fnr nnli imns'I to F r,nrl Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 e 10, Legal Business Name of Bidder Mi -con Construction, Inc Business Address: 1616 Sierra Madre Circle, Placentia, CA 92870 Business Tel. No.: (800) 949-0203 State Contractor's License No. and Classification: 744198- A, B, C8, C12, C27, D12, D34 Title President The above information was compiled time and I declare under penalty of within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Julv 22 from the records that are available to me at this perjury that the information is true and accurate VP, Secretary, Treasuer 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 CALIFORNIA••ACKNOWLEDGMENT CIVIL CODE § 1189 � _c�C�C.c��,,..��. _cam .c�Q.c�C�Y.ciC_�Y�C_a .c�C_.� _a�._A �C.s� �C_sa �._a�C.aCc�C.sa•.s��._s�C_s�C_�Q�C_s�C..�•rza._caC.�•..v.s�C..�C_� _� _saC_c�C.. State of California County of bra,' �1,%. L h { '-_'J On j 22, �I� before me, ��I� lylaC kiD+4 �L,w tC, Date Here Insert Name and Title of thelOfficer personally appeared �2!'1P Ar` L 1, Name(s) of Signer(s) LINDA MACKEY Commission #F 2044995 -: Notary Public - California Orange County Comm. Expires Oct 11, 2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Cil e_ Signature of Notary Publi OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: -7/sz/I L' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �6'�.C✓.'✓ '✓S'rr.'si 'v.'✓.may, '�.'m4�.'y:�/.`y..'✓ vat.�iC✓,'.`e�./'.✓.�,✓�.r:'er'.�✓./'�.�4�Gar4'y.��.tiG��.<'.✓ti5'rr •y �<�/.�'✓.4'd. �: ✓arc' M11184111 NJ•R110910012ibl. =eraven • 4919 • i�• i • •i •� CALIFORNIA -•ACKNOWLEDGMENT CIVIL CODE § 1189 C saS.� _a ����a�C�l� �C_s�C.s�S_s��C.��S_c�•_a _�S.c�S_.� �C� �S_s�S.�S� � .cam ..�C�� _.��_T _c�.� ...a�S.� .s�C_.�S.TC�I.s� ��� .. State of California County of Kiran I -e- J On �J V I W _2:?, -2-6W- before me, K,,4A W 0 I jC)+a Rt 61 1 G Date T Here Insert Name and Title of th Officer personally appeared Don �a D, � I'+V10 Name(s) of Signer(s) LINDA MACKEY Commission # 2044"S Notary PuDHc - California Orange County my Comm. Ex res Dc111, 2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: Signature of Notary Publi OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: L.✓.�G�'`,6�.'•✓'.✓./-✓5�✓/.��.6<\✓.6�'✓.:'✓.'✓4'•J4'✓5'✓6'✓'•✓4�✓..'er.✓..'•✓'i••✓6�✓6�✓6�✓4�:�f'•J'.� •✓ti tiG�✓<:'✓5'✓.�'✓./•✓4�.'.v4`✓.'riG'✓6:.y�. 1 • • • • • • • • • •i •1 City of Newport Beach SUNSET VIEW PARK Contract No. 5443 ACKNOWLEDGEMENT OF ADDENDA Bidder's name 1Econ Construction, Inc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 City of Newport Beach SUNSET VIEW PARK Contract No. 5443 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Micon Construction, Inc Business Address: 1616 Sierra Madre Circle Placentia, CA 92870 Telephone and Fax Number: Ph: (800) 949-0203 fx: (714) 666-1007 California State Contractor's License No. and Class: 744198- A, C, C8, C12, C27, D12, D34 (REQUIRED AT TIME OF AWARD) Original Date Issued: March 1994 Expiration Date: Dec 31, 2015 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: Mitch Holle- Estimator 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 Gene F. Holle President 1616 Sierra Madre Circle, Placentia, CA 92870 (800) 949-0203 Don Napolitano- VP, Sec.Treas. 1616 Sierra Madre Circle, Placentia, CA 92870 (800) 949-0203 Corporation organized under the laws of the State of California 18 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: NONE All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: NONE 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; �1o�ne Briefly summarize the parties' claims and defenses; Y\1 pt Have you ever had a contract terminated by the owner/agency? If so, explain. NO Have you ever failed to complete a project? If so, explain. NO For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No 19 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) WN Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Micon Construction, Inc Bidder S/ e. 0 t � I l �D✓K10L Cpvv1-�4 o�OrAn qt Gene F. Hol -le (Print name of Owner or President of Corporatio ompany) Authorized Signature/Title Gene F. Holle- President Title July 22, 2014 Date On Jv7-2, ZVOIbeform�, L1� A Notary Public, personally appeared T-� n!C_ 1p L (�P who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. [M'��Aa Alp'�Id Notary Public in and for said State My Commission Expires. Il 201'7 20 (SEAL)LINDA MACKEY _ 544, Commission #t 2044995 Z0Oranp Notary Public • California Z County My Comm. Expires Oct 11, 2011 City of Newport Beach SUNSET VIEW PARK Contract No. 5443 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 9 SUNSET VIEW PARK CONTRACT NO. 5443 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 13th day of August, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Micon Construction, Inc., a California corporation ("Contractor"), whose address is 1616 East Sierra Madre Circle, Placentia, California 92870, and is made with reference to the following: 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: The work necessary for the completion of this contract consists of clearing and grubbing, grading, exporting and importing soil, hardscape improvements, drainage improvements, and landscaping and irrigation improvements" (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, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5443, 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. IFINMTST* .. •. 1. • i. ►. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two Hundred Thirty Five Thousand Three Hundred Seventeen Dollars ($235,317.00). 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 including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Kimberly Garrigues to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. Micon Construction, Inc. Page 2 6. 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.). 7. WRITTEN NOTICE 7.1 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. 7.2 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 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Kimberly Garrigues Micon Construction, Inc. 1616 E. Sierra Madre Circle Placentia, CA 92870 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Micon Construction, Inc. Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment 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, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority' of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 11. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 12. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Micon Construction, Inc. Page 4 13. 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 C, and incorporated herein by reference. Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 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. 16.2 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, Micon Construction, Inc. Page 5 obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 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 in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 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. 16.5 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. 16.6 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. 16.7 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. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS Micon Construction, Inc. Page 6 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 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. 17.3 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. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. Micon Construction, Inc. Page 7 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. Micon Construction, Inc. Page 8 21. 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. 22. 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. [SIGNATURES ON NEXT PAGE] Micon Construction, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron C. Harp City Attorney ATTEST: / Date: By: eilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporal Date: �7.4 `J -,V`,_ Rush N Mayor CONTRACTOR: Micon Construction, Inc., a California corporation Date: August 18, 2014 By: Gene F. Holle President Date: A t -1% 2014 apolitano Secretary/Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Micon Construction, Inc. Page 10 Executed in Duplicate EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 1001010016 Premium included in charge for Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Micon Construction, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of clearing and grubbing, grading, exporting importing soil, hardscape improvements, drainage improvements, and landscaping and irrigation improvements." 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, .U -S. Specialty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Thirty Five Thousand Three Hundred Seventeen Dollars ($235,317.00) 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 Micon Construction, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 at seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder 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 13th day of August —12014 Micon Construction, Inc. AA -- Name of Contractor (Principal) A tuA horized Signature/Title Gene F, Holle President U.S. Specialty Insurance Company Name of Surety 625 The City Drive South, Suite 130 Orange, CA 92868 Address of Surety 714-740-7000 Telephone Yate - e, (),A Authorized Agent Signature Laurie B. Druck, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Micon Construction, Inc. Page A-2 CALIFORNIA ALL-PURPOSE ACKAOWLEDG&EAT CIVIL CODE State of California County of 0rAL4-c- On c.On A114 0f LIS i 19 -2-0 N- before me, Date Here Insert Name and Title of the Offrcar personally appeared Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: A-) Signature of NoPary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document mj Title or Type of Document: C a 4 13D n8 Document Date: t3 /14 Number of Pages: _- Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): I__7 Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name I Corporate Officer — Title(s): ❑ Partner — ❑ Limited Cl General !❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2013 National Notary Association ® www.NationaiNotary.org ® 1 -800 -US NOTARY (1-800-876-6827) Item #5907 State of California /) ss. County of San Bernardino On August 13. 2014 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Laurie B. Druck ® CYNTHIA J. YOUNG n`6 Commission # 1982442 a( <"i Notary Public - California z z San Bernardino County Niv Comm. Expires JuI 15, 201 "o Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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. gnatu f Notary Pubr OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:_ ® Individual O Corporate Officer Title O Partner -- O Limited 0 General ® Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: State of California County of ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the persons) 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) ACKNOWLEDGMENT State of California County of )ss. On 20 before me, Notary Public, personally appeared . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Micon Construction, Inc. (seal) Executed in Duplicate CITY OF NEWPORT BEACH BOND NO. 1001010016 FAITHFUL PERFORMANCE BOND Premium is for contract term and is subject to adjustment based on final contract price The premium charges on this Bond is $4,530.00 , being at the rateof $ 25.00 per thousand of the Contract price. for first $100,000 of contract amount; 15.00 per thousandor remain er WHEREAS, the City of Newport Beach, State of California, has awarded to Micon Construction, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of clearing and grubbing, grading, exporting importing soil, hardscape improvements, drainage improvements, and landscaping and irrigation improvements." 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 U.S. Specialty Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Thirty Five Thousand Three Hundred Seventeen Dollars ($235,317.00) 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 Micon Construction, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 13th day of August ,2014 Micon Construction, Inc. Name of Contractor (Principal) Authorized Signature/Title Gere F, Holle President U.S. Specialty Insurance Company Name of Surety 625 The City Drive South, Suite 130 Orange, CA 92868 Address of Surety 714-740-7000 Telephone Authorized Agent Signature Laurie B. Druck, Attorney -in -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Micon Construction, Inc. Page B-2 Lim JA .. 3psk Fw State of California Country, of �� K4� On A'44\v + S , Zc d `i before me, DateHere Insert Name` and Title of the Officer personally appeared PO t(( 1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. j Place Notary Seal Above Signature: ! �u-C� R,) Signature of Notary Pu is OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Ft, -``Caf' q 2 �a i Document Date: ?0-5 ZIL{- Number of Pages: '2-- Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name ❑ Corporate Officer — Title(s): Partner — ❑ Limited _i General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2013 National Notary Association ® www.NationaiNotary.org ® 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On August 13. 2014 before me, Cynthia J. Young Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Laurie B. Druck Name(s) of Signer(s) WITNESS my hand and official seal. ,S gnatur,yNotary Publi- OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Number of Pages: who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she f; C ;IA J. Yr 'NG p executed the same in her authorized capacity, Commission # 1962442 and that by her signature on the instrument the Notary Public - California z Call Bernardino county , person, or the entity upon behalf of which the person My Comm. Expires Jul 75, 2016 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. ,S gnatur,yNotary Publi- OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: Number of Pages: ACKNOWLEDGMENT State of California County of )Ss. ME 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California County of ) ss. (seal) On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Micon Construction, Inc. (seal) EXHIBIT C I10&111:Ukus]:aN*11llcT�il:QIII &MZTf 4relyf+1Oki :NW_n1NZ917Z&Ii:77ri��l 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 Micon Construction, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business 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. D. Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. 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, products and completed operations, 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 Micon Construction, Inc. Page C-2 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 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. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. 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 Micon Construction, Inc. Page C-3 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. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. 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 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. I. 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. 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 Micon Construction, Inc. Page C-4 the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Micon Construction, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST 1' rt i `.r:: This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 8/14/14 Dept./Contact Received From: Raymund Date Completed: 8/14/14 Sent to: Raymund By: Chris Company/Person required to have certificate: Micon Construction Inc Type of contract: All Others 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 5/10/14-5/10/15 A. INSURANCE COMPANY: Great American Assurance Company B. AM BEST RATING (A-: VII or greater): A+:XIII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? 0 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 (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7/20/14-7/20-15 A. INSURANCE COMPANY: Mid -Century Insurance Exchange B. AM BEST RATING (A-: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? 0 Yes ❑ No D. LIMITS - if Employees (Must be $1 M 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: ❑ NIA ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 12/21/13-12/21/14 A. B. C. D. E. F. G. H. INSURANCE COMPANY: Truck Insurance Exchange AM BEST RATING (A-: VII or greater): A:XV ADMITTED Company (Must be California Admitted): WORKERS' COMPENSATION LIMIT: Statutory EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) WAIVER OF SUBROGATION (To include): Is it included? SIGNED WORKERS' COMPENSATION EXEMPTION FORM: NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: 8/14/14 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach /1 Yes ■ No /1 Yes ■ No 1,000,000 /1 Yes ■ No // ■ Yes ■ No ■ M Yes ■ No /1 ■ ■ // ■ ■ M N/A ❑ Yes ❑ No 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. Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SUNSET VIEW PARK CONTRACT NO. 5443 To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: PR 1 of 3 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. 5443 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization t5oars and no Cents Per Lump Sum Lump Sum Traffic Control hue @t A,o,red �i,3e-iv cellars -land Y10 Cents $ , 199,00 Per Lump Sum 3. Lump Sum Surveying Services 1 -T'v..)j @ - w—C-0-�v -fs-'tDollars and tnr` Cents $:?a Per Lump Sum PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 360 CY Grading (Export) and Cents $ Wc Per Cubic Yard 5. Lump Sum Gradin (On-site Earthwork) and no Cents $ ; UO Per Lump Sum 6. 80 CY Imported Topsoil @ -5e y"I'Ve i _Dollars and —f4,)s ..J Cents $ &S, 3o $ 5 L-W—q9 oc) Per Cubic Yafd 7. Lump Sum Civil Improvements ! @ ? ol ars and n o Cents $ 1 5,;OC4 " 0C) Per Lump Sum 8. Lump Sum Hardscape _ #1 @ �aE.�,rf�- ��k'�ollars and I } Cents $ S),3931, Per Lump Sum 9. Lump Sum Metal Work tirtssats2``) A aC >ne t funded -s=o ars and Imo« Cents $ d`wr € £ 5 Per Lump Sum PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Site Amenities f c, 4+jua ASaarc2 S"='4 f7 @hu�&,4ti4i +hr-bollars Viand ho Cents $ _ 3 u Per Lump Sum 11. Lump Sum Landscape and �Irrigation e,�y _ c @ urdvA J1 ii=t" _ �ollars j and V) C-) Cents $ �f Per Lump Sum 12. Lump Sum Provide As -built Plans @ I ti Dollars and Cents $ 2,000.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS luju hurArfxd 4114, 4 r r t 6 44 r e l rrA� ed Stires- -t"Dollars and v'10 Cents July 22, 2014 Date ph: (800) 949-0203 fx: (714) 666-1007 Bidder's Telephone and Fax Numbers 744198- A, B, C8, C12, C27, D12, D34 Bidder's License No(s). and Classification(s) Total Price (Figures) Micon Construction, Inc Bidder Bidder's Authorized Signature and Title Gene F. Holle- President 1616 Sierra Madre Circle, Placentia, CA 92$70 Bidder's Address Bidder's email address: kiaCakmconconstruction.can 79 3AI3�iT[�7.7 INDEX FOR SPECIAL PROVISIONS SUNSET VIEW PARK CONTRACT NO. 5443 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Line and Grade SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 - UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 6-7.4 Working Hours 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services 7-7 COOPERATION AND COLLATERAL WORK 7-8 WORKSITE MAINTENANCE 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 7-8.7.2 Steel Plates 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access 7-10.3 Street Closures, Detours and Barricades 1 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 4 5 5 5 5 5 6 6 6 6 7 7 7 8 8 8 8 9 7-10.4 Safety 10 7-10.4.1 Safety Orders 10 7-10.5 "No Parking" Signs 10 7-10.6 Notices to Residents 10 7-15 CONTRACTOR'S LICENSES 11 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 11 SECTION 9 - MEASUREMENT AND PAYMENT 12 9-3 PAYMENT 12 9-3.1 General 12 9-3.2 Partial and Final Payment 14 PART 2 - CONSTRUCTION MATERIALS 14 SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 14 201-1 PORTLAND CEMENT CONCRETE 14 201-1.1 Requirements 14 201-1.1.2 Concrete Specified by Class and Alternate Class 14 201-2 REINFORCEMENT FOR CONCRETE 14 201-2.2 Steel Reinforcement 14 201-2.2.1 Reinforcing Steel 14 201-3 EXPANSION JOINT FILLER AND JOINT SEALANT 15 201-3.3 POLYSTYRENE JOINT FILLER: 15 201-7 NON -MASONRY GROUT 15 201-7.2 Quick Setting Grout 15 SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 15 212-1 LANDSCAPE MATERIALS 15 212-1.1 Topsoil 15 212-1.1.1 General 15 212-1.2 Soil Fertilizing and Conditioning Materials 15 212-1.2.3 Commercial Fertilizer 15 212-1.2.5 Mulch 16 212-1.2.6 Soil Mixes 16 212-1.5.4 Anti -Desiccant 16 212-2 IRRIGATION SYSTEM MATERIALS 16 212-2.1 Pipe and Fittings 16 212-2.1.3 Plastic Pipe for Use with Solvent Welded Socket or Threaded Fittings 17 212-2.1.7 Warning Tape for Potable Water Systems 17 212-2.2 Valves and Valve Boxes 18 212-2.2.1. General 18 212-2.2.4 Remote Control Valves 18 212-2.2.6 Quick Coupler Valves 19 212-2.2.7 Valve Boxes 19 212-2.2.10 Master Valve 20 212.2.2.11 Flow Sensor 20 212-2.4 Sprinkler Equipment 20 212-3 ELECTRICAL MATERIALS 21 212-3.1 General 21 212-3.2 Conductors 22 212-3.2.2 Conductors 22 212-3.3 Controller Unit 22 212-4 LANDSCAPE DRAINAGE SYSTEM MATERIALS 23 212-4.1 General 23 212-4.1.1 Pipes and Fittings 23 212-4.1.2 Cleanouts 23 212-4.1.3 Large Area Drains 24 212-4.1.4 Small Area Drains 24 212-4.1.5 Sand Backfill 24 212-4.1.6 Sub -drainage Materials 24 PART 3 -CONSTRUCTION METHODS 25 SECTION 300 - EARTHWORK 25 300-1 CLEARING AND GRUBBING 25 300-1.3 Removal and Disposal of Materials 25 300-1.3.1 General 25 300-1.3.2 Requirements 25 300-1.5 Solid Waste Diversion 25 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 26 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 26 303-5.1 Requirements 26 303-5.1.1 General 26 303-5.5 Finishing 26 303-5.5.1 General 26 303-5.5.2 Curb 26 303-5.5.4 Gutter 26 SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION 27 ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 - SOIL PREPARATION 27 ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 - IRRIGATION SYSTEMS 30 ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 -TREES, SHRUBS, & GROUND COVER 42 ADDITIONAL SPECIAL PROVISIONS TO SECTION 308— LANDSCAPE ESTABLISHMENT AND MAINTENANCE 50 APPENDIX A —SOIL & PLANT LABORATORY, INC. REPORT (FEB. 20, 2014) 59 APPENDIX B — HEIDER ENGINEERING SERVICES, INC. EXISTING SOIL ANALYSIS (FEB. 7, 2014) 59 SUNSET VIEW PARK CONTRACT NO. 5443 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P -5229-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 for Public Works Construction 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 SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents Add to this section, "if there is a conflict within any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control." Add to this section, "The work necessary for the completion of this contract consists of clearing and grubbing, grading, exporting and importing soil, hardscape improvements, drainage improvements, and landscaping and irrigation improvements." Page 1 of 59 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the 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." 2-9.2 Line and Grade Add to this section: "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. The design surveyor for this project is Borchard Surveying and Mapping and can be contacted at (949) 439-4682. 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 Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 Page 2 of 59 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - UTILITIES 5-1 LOCATION Add the following after the P paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." Page 3 of 59 5-2 PROTECTION Add the following: In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. Add Section 5-7 ADJUSTMENT TO GRADE 5-7 ADJUSTMENTS TO GRADE The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. 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. SECTION 6 - PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: The time of completion as specified in Section 6-7, shall commence on the date of the `Notice to Proceed. 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. Page 4 of 59 6-7 TIME OF COMPLETION 6-7.1 General Add to this section: The Contractor shall complete all work under the Contract within 50 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If 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." Add the following Section 6-7.4 Working Hours 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 6:00 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. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Page 5 of 59 Revise paragraph two, sentence one, to read: Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Add to the end of this section: If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any 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 Add to this section: City forces will perform all shut downs of water facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to 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. Page 6 of 59 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 City of Newport Beach Utilities Division at (949) 644-3011. 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. The Contractor may store equipment and materials in the 8 parking spots highlighted in the location map below. Prior to move -in, the Contractor shall take photos of the laydown area to document existing conditions. 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. SUNSET RIDGE PARK (' '_`�- SUPERIOR AVE \ FsrCoq STNJGN�gY \ �PARKING SPOTS v.Pli. MO K50EPMTUENT � LOCATION MAP i att OF NeweoaT sEoce 7-8.6 Water Pollution Control Page 7 of 59 Add to this section: Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachea.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Add to this section: 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 Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Page 8 of 59 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). The only access to the project site will be along the existing access road along the north side of Sunset View Park off Superior Avenue. This access road shall remain open to pedestrians and maintenance vehicles at all times. The Contractor shall visit the project site prior to submitting a proposal to ensure adequate access to the project site. Additional time or compensation will not be granted to the Contractor for lack of access. 7-10.3 Street Closures, Detours and Barricades Add to this section: The Contractor shall submit to the Engineer - at least five working days prior to the pre -construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition, Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. At a minimum. the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the Page 9 of 59 closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 7. 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 8. 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 Add to this section: The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents 7-10.6 Notices to Residents Page 10 of 59 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. Add the following Section 7-15 Contractor's Licenses: 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a General "A" license. In addition, all landscape and irrigation improvements shall be completed by a landscape contractor or subcontractor with a "C-27" license. At the start of work and until completion of work, the Contractor and all subcontractors shall possess a valid Business License issued by the City of Newport Beach. Add the following Section 7-16 Contractor's Records/As-built Drawings: 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." Page 11 of 59 SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, installing and maintaining temporary construction fencing, protection of existing facilities, preparing and updating construction schedules as needed, attending construction progress meetings as needed, 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 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow 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. 3 Surveying Services: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for surveying, construction staking, centerline ties, as -built field notes, filing of corner records, reestablishment of property corners disturbed by the work, protection and restoration of existing monuments and all other work items as required to complete the work in place. Item No. 4 Grading (Export): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for excavating and removing unsuitable planting material, grading and placement of soil in its final location as shown on the construction plans, soil compaction, soil testing, trucking, and exporting of soil from the project site. Contractor shall be responsible for locating a disposal location. This bid item will be paid for by cubic yard of export as determined by the in-place "raw" volume Page 12 of 59 of soil to be excavated. A compact disc with the existing and proposed terrain (surfaces) in AutoCAD format is included with the purchase of the bid documents. Refer to the bid Proposal for the estimated quantity. It is the contractor's responsibility to confirm this quantity prior to the start of any grading activities. Item No. 5 Grading (On-site Earthwork): Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for rough and precise grading, excavating, compaction, soil testing, placement of soil in its final location as shown on the construction plans. This bid item will be paid for by lump sum. The engineer's estimated in-place "raw' cut and fill volumes are shown on the construction plans. A compact disc with the existing and proposed terrain (surfaces) in AutoCAD format is included with the purchase of the bid documents. It is the contractor's responsibility to confirm this quantity prior to the start of any grading activities. Item No. 6 Imported Top Soil: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for importing Class "A" top soil, rough and precise grading, compaction, agronomic soil testing to confirm compatibility with the proposed landscape material, placement of soil in its final location as shown on the construction plans. This bid item will be paid for by cubic yard of imported top soil as determined by the compacted in-place volume of soil. A compact disc with the existing and proposed terrain (surfaces) in AutoCAD format is included with the purchase of the bid documents. Refer to the bid Proposal for the estimated quantity. It is the contractor's responsibility to confirm this quantity prior to the start of any grading activities. Item No. 7 Civil Improvements: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all civil improvements shown on the construction plans and specification including, but not limited to, full compensation for all demolition, removal and disposal of existing improvements, construction of drainage improvements, concrete curb and v -ditch, curb ramp, cement slurry backfill along existing sloped concrete wall, relocation of monument sign, and erosion control. Item No. 8 Hardscape: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all hardscape improvements shown on the construction plans and specification including, but not limited to, full compensation for soil compaction, colored concrete paving with seeded aggregate, natural gray concrete, and construction of concrete curbs, stairs with cheek walls. Item No. 9 Metal Work: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all metal work shown on the construction plans and specification including, but not limited to, full compensation for handrails. Item No. 10 Site Amenities: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all site amenities shown on the construction plans and specification including, but not limited to, full compensation for bench, trash receptacle, and pet waste dispenser. Page 13 of 59 Item No. 11 Landscape and Irrigation: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all landscape and irrigation improvements shown on the construction plans and specification including, but not limited to, full compensation for fine grading, agronomic testing of existing soil to confirm compatibility with the proposed landscape material, soil amendments, mulch, weed abatement, 30 -day plant establishment period followed by a 180 -day maintenance period. Item No. 12 Provide As -Built Plans. Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment Delete the third paragraph and replace with the following: From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid. Add to this section: Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 201 - CONCRETE MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Add to this section: Portland Cement concrete for construction shall be Class 560-C- 3250. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Add to this section: Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. Page 14 of 59 +T�1r�i� /Jt►Fri:�7�l�Z7l�i3l�>1�7_\�I�1�I�7Iry���_1A_1�� P401 l'JKMW*1WAk* AS;V14PI011ZiliAAIM44:1 Add the following "Joint filler's shall be '%-inch x three (3) inch foam, as supplied by White Cap Wholesale. 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout Add to this section: The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS 212-1.1 Topsoil 212-1.1.1 General Add to this section "Topsoil shall be Class "A" as defined in Subsection 212-1.1.2 of the Standard Specifications and shall conform to the following: A. Grading: Sieve Size Percent Passing Sieve 25.4 mm (1 -inch) 95-100 9.51 mm (%-inch) 85-100 53 Micron (270 mesh) 10-30 B. Chemistry: Suitability Considerations: 1. Salinity: Saturation Extract Conductivity (ECe x 103 @ 25 degrees C.) less than 4.0. 2. Sodium: Sodium Absorption Ratio (SAR) less than 9.0. 3. Boron: Saturation Extract Concentration less than 11.0 PPM. 4. Reaction: pH of Saturated Paste: 5.5 - 7.5. 212-1.2 Soil Fertilizing and Conditioning Materials +�iF�i�'�Z • n i�37'Tii-�i 3. %7[.7-a"itltFC�'i Add to this section "Commercial fertilizers shall conform to the following: Page 15 of 59 A. Tri -C 6-2-4+5%S, as supplied by Tri -C Enterprises, Chino, CA. Telephone: 800.927.3311 B. Best -Pak (20-10-5) controlled release fertilizer bags, as supplied by J.R. Simplot Co, Lathrop, CA. Telephone: 800.992.6006 1. Nitroform (38-0-0) as supplied by Hercules MCW Plant, Louisiana. 212-1.2.5 Mulch Revise this section to read "Mulch shall be Forest Floor Nitrolized Mulch, zero (0) inch to two (2) inches diameter free of sticks, dirt, dust and other debris as supplied by Aquinaga Fertilizer Co. Irvine, CA". Add the following Section 212-1.2.6 Soil Mixes 212-1.2.6 Soil Mixes Soil mixes for soil preparation and plant pit backfill shall conform to the following: A. Surface Soil Preparation: 4 cubic yards Nitrogen fortified organic soil amendment 7 lbs Soil Sulfur 75 lbs Gypsum 15 lbs 6-24-24XB B. Backfill Mix for On -Grade Plant Pits: One (1) cubic yard of backfill Two (2) lbs iron sulfate Three (3) lbs gypsum Add the following Section 212-1.5.4 Anti -Desiccant 212-1.5.4 Anti -Desiccant Anti -desiccants for retarding excessive loss of plant moisture and inhibiting wilt shall be a sprayable, water insoluble vinyl-vinyledine complex which will produce a moisture retarding barrier not removable by rain. Anti -desiccants shall be "Wilt-pruf Formula NCF" as manufactured by Nursery Specialty Products, Greenwich, Connecticut, or accepted equal. 212-2 IRRIGATION SYSTEM MATERIALS 212-2.1 Pipe and Fittings Page 16 of 59 212-2.1.3 Plastic Pipe for Use with Solvent Welded Socket or Threaded Fittings Replace this section with the following: The Contractor shall chalk the mainline prior to the start of trenching and call the Engineer and Landscape Architect for approval. A. PVC Pressure Main Line Pipe and Fittings: 1. Pressure main line piping one and 1 -Y2 -inch and smaller shall be PVC Schedule 40 with solvent welded joints manufactured by Pacific Plastics, Inc. 2. Pressure main line piping two (2) inch and larger shall be PVC Class 315 with solvent welded joints manufactured by Pacific Plastics, Inc. 3. Pipe shall be made from NSF approved Type 1, Grade 1 PVC conforming to ASTM Resin Specification 1785. All pipe(s) must meet requirements as set forth in Federal Specifications PS -21-70 (Solvent -Weld Pipe). 4. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of type and installation methods prescribed by the manufacturer. 5. All PVC pipe for use with reclaimed water must bear the following markings: a. Manufacturer's name b. Nominal pipe size c. Schedule or class d. Pressure rating in P.S.I. e. NSF (National Sanitation Foundation) approval f. Date of extrusion 6. PVC solvent -weld fittings shall be Schedule 40 PVC. 1-2. II -1 NSF approved conforming to ASTM test procedure D2466. All fittings shall bear the manufacturer's name or trademark, material designation size, applicable P.S.I. schedule and NSF Seal of Approval. 7. Threaded nipples shall be Schedule 80 with molded nipples. B. PVC Non -Pressure Lateral Line Piping: Non -pressure buried lateral line piping shall be PVC Schedule 40 with solvent welded joints manufactured by Pacific Plastics, Inc. PVC Schedule 40 pipe shall be made from NSF approved Type 1, Grade 11 PVC compound conforming to ASTM Resin Specification D1 784. All pipe(s) must meet requirements as set forth in Federal Specification PS -21-70 with an appropriate standard dimension ratio. Except as noted in paragraphs 1 and 2, all requirements for non -pressure lateral line pipe and fittings shall be the same as for solvent -weld pressure main line pipe and fittings as set forth in Section 2.01-B (above). All PVC fitting for non -pressure lateral lines shall be Schedule 40 manufactured by Spears. 212-2.1.7 Warning Tape for Potable Water Systems Page 17 of 59 A. Warning tapes shall be used on all constant pressure main line piping carrying potable water. Blue labeled pipe permitted on potable water. B. Warning tapes shall be a minimum of three (3) inches wide and shall run continuously for the entire length of all constant pressure mainline piping. The tape shall be attached to the top of the pipe with plastic tape banded around the tape and pipe every five (5) feet on -center. C. Warning tape for constant pressure potable water piping shall be blue in color with the words "CAUTION BURIED WATER LINE BELOW" imprinted in minimum one (1) inch high letters black in color. 212-2.2 Valves and Valve Boxes 212-2.2.1. General Replace this section with the following: A. Valves shall be of the size, type and capacity designated on the plans or in the specifications and shall comply with the requirements specified herein. B. All valves except garden valves shall be capable of satisfactory performance at a working pressure of 1380 kPa (200 psi). Valves shall be designed to permit disassembly to replace sealing components without removal of the valve body from the pipeline. Replace this section with the following: Revise this section to read "Electric remote control valve" shall be as specified on drawings in conformance with the following: A. The valve must have an automatic mechanical self-cleaning internal control system and must be slow closing to ensure smooth and shock free operation. B. The electric control valve shall be of bronze or red brass construction, equipped with a corrosion proof solenoid constructed of stainless steel and molded in epoxy resin to form one integral unit which is suitable for 24 volt operation. C. The electric control valve shall be internal diaphragm and disassembly guided by a stainless steel stem in all positions. D. All electric control valves shall be equipped with a control stem capable of reducing a higher inlet flow to a constant lower flow regardless of supply fluctuations. E. All electric control valves shall be serviceable from the top without removing the valve body from system. Page 18 of 59 All electric control valves shall have the capability of manual operation and pressure regulation. G. Provide and install one (1) control valve box for each electric control valve. K All valves shall be Christy's reclaimed I.D. tag model #ID -MAX -X2 installed on the valve control and common wire. The tag shall have the controller and valve number on one side. 212-2.2.6 Quick Coupler Valves Revise this section to read "Quick coupling valves installed shall have a one-piece brass body designed for working pressures of 125 psi., and shall be operable with a quick coupler key with ACME type threads. Valve shall have a rubber locking top." 212-2.2.7 Valve Boxes Revise this section to read "Valve boxes" shall be as specified on drawings or approved equal in conformance with the following: A. Use ten -inch (10") diameter by ten and one-quarter inch (10-1/4") deep round plastic valve box for all quick coupling valves. Carson Industries #910-12G with green bolt -down cover or approved equal. Lid should be heat branded "SWPB" or "QCV" as appropriate in one and one-half (1-1/2") inch letters. B. Use nine and one-half inch by sixteen -inch by eleven -inch (9-1/2" x 16" x 11") rectangular box for all electric control valves and ball valves, Carson Industries #1419-12G with green bolt -down cover or approved equal. Lid shall be heat branded with the station number for RCV boxes and "BV", "GV", and "IRR COM" for communication cable in one and one-half (1-1/2") inch high letters/numbers. C. Valve boxes shall be fabricated from a durable plastic material resistant to weather, sunlight and chemical action of soils. They shall be green in color. The cover shall be capable of sustaining a load of 1,500 psi. Valve box extensions shall be by the same manufacturer as the valve box. All valve boxes shall be as manufactured by Carson Industries, or an approved equal. 1. Install valve boxes with each type of irrigation equipment so that of valve box is above finish grade as specified on the detail drawings. Valve box extensions are not acceptable except for master valves and manual drain valves. 2. Place gravel sump below and around each valve box prior to installing valve box as specified on the drawings. Place remaining portion of gravel inside valve box allowing full access in and around all fittings. Valve box shall be fully supported by gravel sump. No brick or wood supports are allowed. 3. Walk through for substantial completion will not be allowed until all branding is complete. Page 19 of 59 212-2.2.10 Master Valve Master Valves: Griswold master valve, normally closed, see irrigation legend for the model number and type, sized as specified on drawings. 212.2.2.11 Flow Sensor Flow Sensors: As specified on drawings. Install per manufacturer's recommendation and per the irrigation detail. A. An irrigation main -line flow sensor shall be installed in accordance with Drawings and manufacturer's installation instructions. See Drawings for location. Contractor shall be responsible for the installation, hook-ups, materials, components, connections, etc., of the flow sensors, flow transmitter and pulse decoders for the complete automatic operation of the system. B. Provide a separate flow sensor cable from each flow sensor to its respective designated controller. Run flow sensor cables within one and one-half inch (1-1/2") PVC Schedule 40 conduit. Refer to sensor cable, communication cable conduit, and communication cable pull boxes specified elsewhere for additional information. C. Splices shall be performed in a 3M "DBY" direct bury splice kit. Make only one (1) splice with each connector. 212-2.4 Sprinkler Equipment Replace this section with the following: A. Sprinkler heads, bubbler heads and spray nozzles shall be of the types and sizes shown on the plans. Equipment of one type and flow characteristic shall be from the same manufacturer and all equipment shall bear the manufacturer's name and identification code in a position where they can be identified in the installed position. B. Fixed head sprinklers shall have a one-piece housing with provision for interior parts replacement. Pop-up sprinklers shall be designated to rise at least one (1) inch during operation. C. Shrub and bubbler, turf spray heads shall be adjustable from full flow to shutoff. D. All sprinkler heads shall be of the same size, type and deliver the same rate of precipitation with the diameter (or radius) of the throw, pressure and discharge as shown on the plans and/or specified in these special provisions. E. Equipment of one type and flow characteristic shall be from the same manufacturer and all equipment shall bear the manufacturer's name and identification code in a position where they can be identified in the installed position. Page 20 of 59 F. Rotary heads shall be gear driven rotary, pop-up type and designed with an integral check valve for control of line drainage. The sprinkler shall be capable of delivering radius and gallonage indicated on drawings. Retraction shall be accomplished by means of a heavy duty stainless steel spring. The sprinkler shall have a riser seal and wiper, G. Pop-up spray heads shall be constructed of impact -resistant Cycolac material. Heads shall be retracted by means of a stainless steel retraction spring and shall have a combination piston/wiper seal. All heads shall be a minimum six (6) inch pop-up. H. Pop-up sprinklers shall rise at least to minimum operative height per manufacturer's specifications during operation. I. Full or part circle sprinklers, rotors shall be interchangeable in the same body housing. J. Sprinkler turf and shrub spray heads for small turf and ground cover areas shall Toro 570Z COM series. Plastic nozzles shall be used in turf areas. K. Sprinkler heads for large turf and ground cover areas shall be gear driven rotary type pop-up. The body shall be constructed with %-inch or one (1) inch N.P.T. bottom inlet. Sprinkler nozzle shall pop up a minimum of six (6) inches with positive spring retraction. Sprinkler heads shall be Toro 5006 series (Institutional Series only). L. Angled nipples on swing joints below spray heads and rotors shall not exceed 45° nor be less than 10°. M. After installation adjust nozzle sizes, arcs and radius of throw to allow head to head uniform distribution. Adjust all spray heads and rotors to correct height above sod as detailed. No over spray will be allowed on paving, hardscape, sidewalks and paths. N. Adjust adjacent plant material so that it does not interfere with uniform distribution of each spray head or rotor. O. Landscape Architect may request nozzle changes and/or adjustments without additional cost to the Engineer. P. All Toro 5000 series rotors shall be installed with Spears Schedule 80 swing joint assemblies per the irrigation detail. 212-3 ELECTRICAL MATERIALS 212-3.1 General Page 21 of 59 The Contractor shall furnish and install all electrical equipment and materials required for a complete electrical system. All equipment and materials shall comply with the requirements of the governing code and the serving utility and shall be approved and identified by Underwriters Laboratories, Inc. (UL). 212-3.2 Conductors 212-3.2.2 Conductors Replace this section with the following: A. Control wires shall be direct burial, Type UF, 600 volt, AWG OF UL copper wire. See irrigation plans for wire size for each controller. Control wires shall be a different color for each automatic controller. Common wires shall be white with a different color stripe for each automatic controller. 1. Connections shall be epoxy -sealed packet type connectors. They shall be a Pentite Splice Wire connector sealing packs or approved equal. Use one (1) Pentite splice wire connector per each connection. 2. Install four (4) spare control wires that shall be blue in color from the controller to the end of the pipe run. Spare common wire shall be white in color. 3. Master control wires shall be green in color. 4. Control wires for moisture sensing stations shall be orange in color. 5. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. Minimum 24 - inches below finish grade. 6. Where two (2) wires or more are placed in a trench, the wiring shall be taped together with nylon zip ties at intervals of ten (10) feet. 7. An expansion curl shall be provided within three (3) feet of each wire connection and at each change of direction of a wire run. Expansion curls shall be formed by wrapping at least five (5) turns of wire around a one (1) inch diameter pipe, then withdrawing the pipe. 8. When the control wiring or tubing cannot be installed in a pipe trench, it shall be installed a minimum of 18 -inches below finish grade and a bright colored plastic ribbon with "Irrigation Wiring Buried Below" spelled out on it shall be installed in the trench six (6) inches below grade directly over the wire or tubing. 212-3.3 Controller Unit Replace this section with the following: A. Automatic Controllers shall be as specified on drawings and consist of a 120 volt single-phase, electric clock unit and shall be capable of being operated manually. Page 22 of 59 B. The automatic controller shall have the minimum number of stations as indicated on the drawings and shall feature automatic, semi-automatic or manual operation. C. Each station shall have variable timing from two (2) to 60 -minutes and shall be equipped with on-off position to eliminate operation from any of the watering schedules. D. All top mounted controller assembly shall be mounted in a top mount heavy duty stainless steel, weather tight, lockable enclosure manufactured by John Deere Greentech. E. Each station shall have a repeat switch allowing selected schedules to be repeated after completion of the initial watering schedule. F. All controller components shall be fused and have a chassis ground. G. All controllers shall be equipped with a four (4) x four (4) inch electrical junction box. With an on/off G.F.I. switch and a grounded duplex receptacle mounted inside the enclosure. 212-4 LANDSCAPE DRAINAGE SYSTEM MATERIALS 212-4.1 General 212-4.1.1 Pipes and Fittings Pipes and fittings shall be as appear on the plans and conform to the following: A. PVC Subsurface Drain Pipe: Perforated PVC pipe conforming to Subsection 207-17 of the Standard Specifications. B. Polyvinyl Chloride: 1. Type: ASTM D3034, SDR -35, solid and perforated, belled end, solvent weld. 2. Manufacturer: Johns -Manville Corporation, San Mateo, CA 94403. Telephone: (415) 349-9500 or accepted equal. 3. Fittings Manufacturer: Dura Plastic Products Inc. of Beaumont, CA 92223. Telephone: (714) 845-3161. Fax: (714) 845-7644, or approved equal. 1. Type: ASTM 2751, SDR -35, solid and perforated. 2. Joints: Belled ends, plain end with couplings; elastomeric with gaskets. 3. Manufacturer: Plastic Services and Products, Inc., Sun Valley, California 91352. Telephone: (818) 896-1101. 212-4.1.2 Cleanouts Page 23 of 59 Cleanouts shall be as appear on the plans and conform to the following: A. Planted Areas: 1. Type: PVC plug (MIPT) Schedule 80; 4 inch. 2. Manufacturer: Lesco, Inc., Rocky River, Ohio, Telephone: (216) 333-9250. 212-4.1.3 Large Area Drains Large area drains shall be as appear on the plans and conform to the following: A. Turf Areas: 1. Type: Brooks catch basin, size per plan, with galvanized grate 2. Finish: Natural Concrete 3. Manufacturer: Brooks Products, Inc., EI Monte, California. Telephone: (818) 283-0637 or accepted equal. B. Shrub Areas (Custom Gratings): 1. Type: Brooks catch basin, size per plan, with galvanized grate 2. Finish: Natural Concrete 3. Manufacturer: Brooks Products, Inc., EI Monte, California. Telephone: (818) 283-0637 or accepted equal. 212-4.1.4 Small Area Drains Small area drains shall be as appear on the plans and conform to the following: A. Shrub Areas: 1. Type: NDS atrium grate, size per plan 3. Manufacturer: NDS, Inc., Lindsay, California, Telephone: (800) 726-1998 or accepted equal. 212-4.1.5 Sand Backfill Fine granular material naturally produced by the disintegration of rock, sufficiently free of organic material, mica, loam, clay and other deleterious substances to be thoroughly suitable for pipe bedding in conformance with Subsection 306-1.2.1. S.E. > 30 Minimum. 212-4.1.6 Sub -drainage Materials A. Filter Fabric: "Mirafi 500X", as manufactured by Mirafi, Inc. of Charlotte, NC 28224. Telephone: (1-800) 438-1855. B. Drainage Stone: %-inch to %-inch washed stone. Crushed stone is not acceptable. Page 24 of 59 PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?paqe=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General Add to this section: The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words " 1 '/z inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion Page 25 of 59 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. 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 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Add to this section: 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 Add to this section: 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 Add to this section: The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S' or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. 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 Page 26 of 59 Add to this section: 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 ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 - SOIL PREPARATION PART 1 -GENERAL 1.01 DESCRIPTION A. Related Requirements: Review the General Contract Conditions and Division One, General Requirements, of these Special Provisions, which contain information and requirements that apply to this Section. B. Work included: Provide planting media amendment Amending of existing for planting Amending of sub -grade soil Weed abatement Machinery and loading restrictions C. Related Work in Other Sections: Earthwork and Topsoil Placement - Subsection 308-2 Planting - Subsection 308-4 Irrigation System Installation- Subsection 308-5 Maintenance and Plant Establishment - Subsection308-6 1.02 QUALITY ASSURANCE A. Requirements of Regulatory Agencies: All work and materials shall be in full accordance with latest rules and regulations of safety orders of Division of Industrial Safety and all other applicable laws and regulations of the City of Newport Beach, California. B. Applicable Standards: All references to the Standards as described below shall mean the current or latest editions: ® "Standard Specifications" - Standard Specifications for Public Works Construction "ASTM" - American Society for Testing and Materials. "DIS" - Division of Industrial Safety. Page 27 of 59 C. Certificates of Inspection: Provide those required by law for transportation, with invoice. File copies of certificates with City Engineer after acceptance of material. Inspection by governmental officials at point of origin does not preclude rejection of materials at project site. 1.03 SUBMITTALS A. Samples and Product Data: Prior to delivery to site, submit samples(S) certification(C) and manufacturers' literature (ML) for the following items: 1. Organic Amendments. S of one (1) pt. for each type, C or ML 2. Soil Mixes: S of/z-Ib for each type and C. 3. Sand: S of/2-Ib and C. 4. Chemical Additives: S of one (1) pint for each type, C and ML. 5. Perforated Drain -line: S of One (1) Linear Foot and ML. 6. Filter Fabric: S of One (1) square foot and ML. 7. Drain Rock. S of One (1) Pint and C. B. Test Data: Submit all laboratory test data for all materials. C. Submittal Schedule: All products in this section which is required for submittal shall be included in one Division Two submittal package. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING A. Labeling: Furnish standard products in unopened manufacturer's standard containers bearing original labels showing quantity, analysis and name of manufacturer. B. Storage: Store products with protection from weather or other conditions which would damage or impair the effectiveness of the product in conformance with Subsections 4-1 of the Standard Specifications. 1.05 ANALYSES OF SAMPLES AND TESTS A. Sampling: City Engineer reserves the right to take and analyze samples of materials for conformity to specifications at any time. Furnish samples upon request by City Engineer. 1.06 FINAL ACCEPTANCE A. Acceptance: Work will be accepted by the City Engineer upon satisfactory completion of all soil preparation work. B. Notification: Notify City Engineer for review of soil preparation prior to proceeding with planting operations. Page 28 of 59 PART 3 - EXECUTION 3.01 SOIL PREPARATION A. General: Soil preparation work shall be in conformance with Subsection 308-2.3 of the Standard Specifications. 1. Moisture Content: Do not work soil when moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form in air or, that clod's will not break readily. Apply water, if necessary, to bring soil to an optimum moisture content for tilling and planting. 2. Clearing of Debris: Clear all planting areas of stones one (1) inch diameter and larger, weeds, debris and other extraneous materials prior to amending existing soil. B. Preparation of Existing Soil. 1. Verification of Existing Grades. Verify that grades are within one (1) inch plus or minus of the required finished grades. Report all variations to the City Engineer. 2. Clearing of Debris: Clear all planting areas of stones one (1) inch diameter and larger, weeds, debris and other extraneous materials prior to amending existing soil or spreading imported topsoil. 3. Cultivation: Rip or cultivate all planting areas to a depth of eight (8) inch) immediately prior to amending existing soil. Rototill to reduce soil clods to a maximum diameter of one (1) inch in the top eight (8) inches. 3.02 WEED ABATEMENT A. General: Weed abatement work shall be in conformance with Subsection 308-2.3 of the Standard Specifications. 1. Weed abatement work shall not begin until irrigation sprinkler systems for the prescribed area are installed and operable. B. Weed Abatement: 1. Manually remove all existing unwanted vegetation and dispose of it off site. 2. Fertilize all planting areas with a 12-12-12 commercial fertilizer at the rate of three hundred lbs (300) per acre and begin watering process. 3. Upon completion of the irrigation system, water all areas four (4) times daily for 21 consecutive days and until weed seeds have germinated. Cease watering for three (3) days. Spray a non - Page 29 of 59 selective contact herbicide (Roundup Pro or Rodeo) to eradicate the germinated weeds. Waiting period prior to clearing weeds shall be seven (7) to ten (10) days. Allow herbicide to kill all weeds. Rake or hoe off all dead weeds to a minimum depth of '%-inch inch below the surface of the soil. Remove all cleared weeds and legally dispose of off-site. Re -water cleared planting areas four (4) times daily for 14 - consecutive days, until new growth appears. Re -apply herbicide. Clear weeds, after seven (7) to ten (10) days or an approved alternate time period. Remove all cleared weeds and legally dispose of offsite. 3.03 DRAINAGE OF PLANTING AREAS A. Surface Drainage: 1. Discrepancies: Provide proper surface drainage of planted areas. Submit in writing all discrepancies in the Drawings or Specifications, or prior work done by others, which Contractor feels precludes establishing proper drainage. 2. Correction: Include description of work required for correction or relief of said condition. B. Detrimental Drainage, Soils and Obstructions: 1. Notification: Submit in writing all soils or drainage conditions considered detrimental to growth of plant materials. State condition and submit proposal and cost estimate for correcting condition. 2. Correction: Submit for acceptance a written proposal and cost estimate for the correction before proceeding with work. 3. Obstructions: If rock, underground construction work, tree roots or other obstructions are encountered in the performance of work under this section, submit cost required to remove the obstructions to a depth of not less than six (6) inch below the required soil depth. 3.04 CLEAN-UP A. Keep all areas of work clean, neat and orderly at all times in conformance with Subsection 7-8 of the Standard Specifications. B. Upon completion of work, remove off the site all surplus materials, tools, equipment, rubbish and debris resulting from the work in conformance with Subsection 7-8 of the Standard Specifications. ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 - IRRIGATION SYSTEMS 1.01 DESCRIPTION Page 30 of 59 A. Related Requirements: Review the General Contract Conditions and Division One, General Requirements, of these Special Provisions, which contain information and requirements that apply to this Section. B. Work Included: Trenching and backfill Installation of piping Installation of equipment System adjustments Testing and inspection 30 Day plant establishment 180 Day maintenance C. Related Work in Other Sections Utilities - Section 5 Open Trench Operations- Subsection 306-1 1.02 QUALITY ASSURANCE A. Requirements of Regulatory Agencies: All work and materials shall be in full accordance with latest rules and regulations of safety orders of Division of Industrial Safety and all other applicable laws and regulations of the City of Newport Beach, California. B. Applicable Standards: All references to the Standards as described below shall mean the current or latest editions: "Standard Specifications" - Standard Specifications for Public Works Construction "Standard Details" - Standard Plans, Environmental Management "Agency, Newport Beach "ASTM" - American Society for Testing and Materials "DIS" - Division of Industrial Safety. C. Qualifications of Installers: Provide at least one (1) person who shall be present at all times during execution of the work and who shall be thoroughly familiar with the type of materials, manufacturer's recommended methods of installation and who shall direct all work performed under this section. 1913IN1113i•lialFTAI [: A. Materials List: Within seven (7) days after award of contract, and before any irrigation system materials are delivered to the job site, submit to the City Engineer six (6) copies of complete lists of all irrigation system materials proposed to be furnished and installed. Page 31 of 59 1. Show manufacturer's name and catalog number for each item, furnish complete catalog cuts and technical data, and furnish the manufacturer's recommendations as to methods of installation. 2. All irrigation equipment and installation procedures shall conform to the current Newport Beach Standards. 3. Do not permit any irrigation system component to be brought to the job site until it has been approved by the City Engineer. B. As -Built Drawings: During the course of installation, carefully show, in red line on a print of the irrigation system drawings, all changes made to the irrigation system during installation. Upon completion of the irrigation system installation, carefully transfer the as -built data to new, clean prints of the irrigation system drawings and submit two (2) reproducible Mylar copies as described under "manuals" below, to the City Engineer. C. Manuals: Upon completion of the irrigation system installation and as a condition of its acceptance, deliver to the City Engineer two (2) copies of the as -built drawings referred to above. The delivery of the as -built drawings shall not relieve the Contractor of the responsibility for furnishing required information that may have been omitted from the prints. Manuals shall include: 1. Index sheet stating Contractor's address and telephone number, duration of guarantee period, list of equipment including names and addresses of local manufacturer representative. 2. Complete operating and maintenance instructions for all equipment. 3. Spare parts list and related manufacturer information for all equipment. 4. Laminated controller charts, color coded with circuits. 1.04 PRODUCT HANDLING A. Protection: Use all means necessary to protect irrigation system materials before, during and after installation and to protect the installed work and materials of all other trades in conformance with Subsections 4-1 of the Standard Specifications. B. Replacements: In the event of damage, immediately make all repairs and replacements necessary to the approval of and at no additional cost to the City Engineer in conformance with Subsection 4-1 of the Standard Specifications. Page 32 of 59 1. Exercise care in handling, loading, unloading and storing plastic pipe and fittings. Store plastic pipe and fittings under cover until ready to install; transport plastic pipe only an a vehicle with a bed long enough to allow the pipe to lay flat to avoid undue bending and concentrated external load. 2. Repair all dented and damaged pipe by cutting out the dented or damaged section and rejoining with couplings. C. Connections to Existing Main Lines: 1. Source of water supply: The Contractor shall verify and be familiar with the location, size and detail of stub -outs provided as the source of water supply to the irrigation system, as shown on the plans in conformance with Subsection 308-5.1 of the Standard Specifications. Source of supply and point of connection shall be as shown on plan. 2. Prior to cutting into the soil, the Contractor shall locate all cables, conduits, sewers, septic tanks and other utilities as are commonly encountered underground and he shall take proper precautions not to damage or disturb such improvements in conformance with Subsection 7-9 of the Standard Specifications. If a conflict exists between such obstacles and the proposed work, the Contractor will proceed in the same manner as if a rock layer or any other conditions encountered underground make change advisable. Where investigation of subsurface conditions have been made by a qualified body in areas in which local materials may be obtained, the Contractor may request the use of such information but will be directly responsible for its verification and accuracy. D. Inspection: The Contractor shall at all time's permit the City Engineer and its authorized agents to visit and inspect the work or any part thereof in conformance with Subsection 2-11 of the Standard Specifications. The Contractor shall maintain proper facilities and provide safe access for such inspections to all parts of the work. Where the specifications require work to be tested by the Contractor, it shall not be covered up until tested or approved by the City Engineer and the Contractor shall be solely responsible for notifying the City Engineer where and when such work is in readiness for testing. Should any such work be covered without such test or approval, it shall, if so ordered be uncovered at the Contractor's expense. E. Standard of Installation: Material and workmanship shall be in accordance with local codes and ordinances of legally constituted authorities, except that where provisions of these Special Provisions exceed such requirements, these Special Provisions shall govern. Page 33 of 59 F. Preservation and Cleaning: The Contractor shall clean up the work as it progresses in conformance with Subsection 7-8 of the Standard Specifications. At frequent intervals and at all times when directed by the City Engineer, the Contractor shall remove and dispose of accumulations of rubbish and debris of all kinds. At the time of completion the entire site shall be cleaned of tools, equipment, rubbish, etc., all of which shall be removed from the site, and the entire project, including surrounding premises, shall be left in proper, clean condition ready for acceptance. G. Completion: The work will be considered for acceptance in writing when the entire scope of work has been completed satisfactorily to the City Engineer in conformance with Subsection 6-8 of the Standard Specifications. In judging the work, no allowance for deviation from the original plans and specifications will made unless already approved at proper times. 1. When any item appears on the plan and not in the specifications, or in the specifications and not on the plan, it shall be considered in both in conformance with Subsection 2-5 of the Standard Specifications. 2. The City Engineer shall have final authority on all items of the project in conformance with Subsection 2-10 of the Standard Specifications. K Loose Equipment to Furnish: Loose sprinkling equipment, operating keys and spare parts shall be furnished to the City Engineer by the Contractor in quantities as specified below (3.07-C). I. Final Acceptance: Within ten (10) days of Contractor's notification that the installation is complete, the City Engineer will inspect the installation and, if final acceptance is not given, will prepare a "punch list" which, upon completion by the Contractor, will require re -inspection. Final acceptance shall conform to the requirements of Subsection 6-8 of the Standard Specifications. The City Engineer shall have final authority on all items of the project in conformance with Subsection 2-10 of the Standard Specifications. J. Irrigation Guarantee: 1. The entire sprinkler system shall be unconditionally guaranteed in writing by the Contractor as to material and workmanship, including settling of backfilled areas below grade for a period of one (1) year Page 34 of 59 following the date of final acceptance of the work in conformance with Subsection 308-7 of the Standard Specifications. 2. If, within one (1) year from the date of final acceptance of the work, settlement occurs and adjustments in pipes, valves and sprinkler heads, sod or paving is necessary to bring the system, sod or paving to the proper level of the permanent grades, the Contractor, as part of the work under his contract, shall make all adjustments without extra cost to the City Engineer, including the complete restoration of all damaged planting, paving, or other improvements of any kind. 3. Should any operational difficulties in connection with the sprinkler system develop within the specified guarantee period which in the opinion of the City Engineer may be due to the inferior material or workmanship, said difficulties shall be immediately repaired at no additional cost to the City Engineer, including any and all other damage caused by such defects. K. Service by the Contractor. The Contractor shall service the system at the City Engineer's request during the guarantee period and shall be paid for work performed which is not covered by the guarantee. If requested by the City Engineer, the Contractor will furnish the City Engineer with a schedule of service fees. L. The Contractor shall secure the required licenses and permits including payments of charges and fees and give required notices to public authorities and verify permits secured or arrangements made by others affecting the work of this section in conformance with Subsection 7-5 of the Standard Specifications. PART 2 -PRODUCTS 17d\ZAI&MW X�hjli[�P► A. Inspection: Prior to all work of this section, carefully inspect the original design, the referenced standard and the manufacturer's recommendations. System to be installed in accordance with all pertinent City of Newport Beach codes and regulations, the original design and the referenced standards. B. Discrepancies: 1. In the event of discrepancy, immediately notify the City Engineer. 2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved to the satisfaction of the Page 35 of 59 City Engineer. 3.02 FIELD MEASUREMENTS A. Make all necessary measurements in the field to ensure precise fit of items in accordance with the original design. A. Trenching: 1. Excavation shall be open vertical construction sufficiently wide to provide free working space around the work installed and to provide ample space for backfilling and compacting in conformance with Subsection 308-2.2. 2. Trenches for pipe shall be cut to required grade lines, and trench bottom shall be compacted to provide an accurate grade and uniform bearing for the full length of the line. 3. When two pipes are to be placed in the same trench, it is required to maintain a six (6) inch space between pipes as is minimum in conformance with Subsection 308-5.2.1 of the Standard Specifications. No pipe shall be installed directly over another. 4. Where it is necessary to excavate adjacent to existing trees, the contractor shall avoid injury to trees and tree roots. Excavation in areas where two (2) inch and larger roots occur shall be done by hand. All roots two (2) inches and larger in diameter shall be tunneled under and shall be heavily wrapped with wet burlap. Trenches within the drip line of trees shall be closed within 24 - hours. B. Backfilling: 1. Backfill material shall be approved topsoil in conformance with Subsection 308-2.2 of the Standard Specifications. Unsuitable material, including clods and rocks %2 -inches in size, shall be removed from the premises and disposed of legally at no cost to the City Engineer. 2. All backfilling shall be done carefully and shall be properly compacted. 3. Depth of trenches shall be sufficient to provide a minimum cover above the top of the pipe per Newport Beach Standard Plan No. 1760. a. 12- inch cover over non -pressure lateral lines. b. 24 -inch cover over pressure main line 2 -%2 -inches in diameter or less in planting areas. 36 -inch cover over pressure main line larger than 2 -1/2 -inch in planting areas and all lines under paving. c. 24 -inch cover over pipe crossing. d. Contractor shall install concrete thrust blocking at all changes of direction and terminal points of pressure pipe, Page 36 of 59 and on all ring -type pipe four (4) inches in diameter and greater, per Newport Beach Standard Plan No. 508. e. All lines shall have a minimum clearance of six (6) inches from each other and six (6) inches from lines of other trades. f. Parallel lines shall not be installed directly over one another. g. Surplus earth remaining after backfilling shall be disposed of on the premises as directed by the City Engineer. RJU$ME@%.IfAlI"A 7�N7 71JI�[e3 A. General: Lay out the piping system in strict accordance with the drawings and to the depth as specified in Section 3.03 (above) and in conformance with Subsection 308-5.2 of the Standard Specifications. B. Under Existing Pavement: Piping under existing pavement may be installed by jacking, boring or hydraulic driving except that no hydraulic driving will be permitted under asphaltic concrete pavement, or at depth less than 36 inches. Where cutting or breaking of existing pavement is necessary secure permission from the City Engineer before cutting or breaking the pavement. Make all necessary repairs at no additional cost to the City Engineer. C. Inspection of Pipe and Fittings: Carefully inspect all pipe and fittings before installation, removing all dirt, scale, burrs and reaming as required; install all pipe with all markings up for visual inspection and verification. D. PVC Pipe: PVC pipe shall be installed in a manner which will provide for expansion and contraction as recommended by the pipe manufacturer. In jointing, use only the specified solvent and make all joints in strict accordance with the manufacturer's recommended methods, give solvent welds at least 15 -minutes set up time before moving or handling and 24 -hours curing time before filling with water. For plastic -to -metal connections, work the metal connections first, use a non -hardening pipe dope on all threaded plastic -to -metal connections and use only light wrench pressure. All plastic -to -metal connections shall be made with plastic male adapters. 3.05 INSTALLATION OF EQUIPMENT Page 37 of 59 A. Automatic Controllers: 1. Installation of new automatic controllers shall be of size and type shown on the drawings in conformance with Subsection 308-5.5 of the Standard Specifications. 2. Final location of automatic controller(s) shall be approved by the City Engineer's authorized representative prior to installation. 3. Unless otherwise noted on the plans, the 120 -volt electrical power to the automatic controller to be furnished by irrigation contractor. The final hook-up of the automatic controller to the 120 -volt power source shall be the responsibility of the irrigation contractor. 4. Controllers are to be identified with vinyl three (3) inch lettering on door of unit. B. Control Wiring: 1. Control wires shall be installed in accordance with valve manufacturer's specifications and wire chart. 2. Control wiring located beneath paved areas shall be installed in a separate PVC Schedule 40 sleeve. 3. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines. Wherever possible lay to the side of pipeline. Control wires shall be laid loosely in trench without stress or stretching to allow for contraction of wires. Where more than one (1) wire is placed in a trench, the wiring shall be taped together at intervals of ten (10) feet. 4. An expansion curl shall be provided within three (3) feet of each wire connection. Expansion curl shall be of sufficient length at each splice connection at each electric control valve, so that in case of repair, the valve bonnet maybe brought to the surface without disconnecting the control wires. 5. An expansion curl shall be provided every 100 -feet on runs of more than 100 -feet in length. Provide looped slack at valves and changes in direction of 90 degrees. 6. Field splices between the automatic controller and electrical control valves shall not be allowed without prior approval of the City Engineer. Splices shall be vaulted and noted on as -built drawings. An expansion curl of 12 -inches shall be provided at each field splice. 7. Control wires and valve pilot wiring will be color coded such that each controller will be a different color with no adjacent color overlap. C. Electrical Work: All electrical work shall be installed per local code requirements and in conformance with Subsection 209-1 of the Standard Specifications. Page 38 of 59 D. Quick Coupling Valves: 1. Quick coupling valves shall be set approximately 12 -inches from walks, curbs, header -boards or paved areas where applicable. Vertical positioning of quick coupling valves shall be such that sleeve top will be two (2) inches above settled finish grade in ground cover areas and %2 -inch above grade in turf areas. 2. Quick coupling valves shall be installed in a plastic box per Newport Beach Standard Plan No. 504 -0 -OC. Quick coupler valve boxes shall be located 12 -inches from paved surfaces. Boxes shall be purple for reclaimed water areas. E. Valves: 1. All valves shall be installed as shown in details and in accordance with manufacturer's recommendations and all applicable Newport Beach Plans. 2. All valves shall be the full size of the line in which they are installed unless otherwise indicated. F. Valve Boxes: Valve boxes installed near walks, curbs, header boards and paving shall about those items. The top surfaces shall be flush with items listed above. 3.06 TESTING AND INSPECTION: Testing and inspection shall conform to the requirements of Subsection 308-5.6 of the Standard Specifications A. General: 1. Contractor to furnish all necessary testing equipment and personnel. 2. Correct all leaks and retest until accepted by the City Engineer. B. Closing in Uninspected Work: Do not allow or cause any of the work of this section to be covered up or enclosed until it has been inspected, tested and approved by the City Engineer. C. Flushing: Before backfilling the mainline and with all control valves in place but before lateral pipes are connected, completely flush and test the drain line and repair all leaks, flush out each section of lateral pipe before sprinkler heads are attached. D. Testing: 1. The contractor shall request the presence of the City Engineer in writing at least 48 -hours in advance of any testing. Page 39 of 59 2. Test all pressure lines under hydrostatic pressure of 125 psi and prove watertight. 3. All piping under paved areas shall be tested under hydrostatic pressure of 150 psi and prove watertight, prior to paving. 4. Sustain pressure in tested lines for not less than six (6) hours. If leaks develop, replace joints and repeat test until entire system is proven watertight. 5. All hydrostatic tests shall be made only in the presence of the City Engineer. No pipe shall be backfilled until it has been observed, tested, and approved in writing. 6. Contractor shall furnish force pump and all other test equipment necessary. 7. When the sprinkler irrigation system is completed, perform a coverage test in the presence of the City Engineer, to determine if the water coverage for planting areas is complete and adequate in conformance with Subsection 308-5.6.3 of the Standard Specifications. Furnish all materials and perform all work required to correct any inadequacies of coverage due to the deviation from plans, or where the system has been willfully installed as indicated on the drawing when it is obviously inadequate, without bringing this to the attention of the architect. This test shall be accomplished before any ground cover is planted. 8. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements. 3.07 FIELD QUALITY CONTROL A. Adjustment of the System: 1. The contractor shall flush and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways, and walls as much as possible in conformance with Subsection 308-5.4.4 of the Standard Specifications. 2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the contractor may also include changes in nozzle sizes and degrees of arc as required. 3. Lowering raised sprinkler heads by the contractor shall be accomplished within ten (10) days after notification by City Engineer or architect. 4. All sprinkler heads shall be set perpendicular to finished grade unless otherwise designated on the plan or as required for proper coverage (slopes, etc.). Page 40 of 59 3.08 MAINTENANCE A. The entire sprinkler irrigation system shall be under full automatic operation for a period of seven (7) days prior to any planting and for 30 - days after inspection to begin maintenance period. B. The City Engineer reserves the right to waive or shorten the operation period. 3.09 CLEAN-UP Clean-up shall be made as each portion of work progresses in conformance with Subsection 7-8 of the Standard Specifications. Refuse and excess dirt shall be removed from the site, all walks and paving shall be swept or washed down and any damage sustained on the work of others shall be repaired to original condition. 3.10 FINAL INSPECTION A. The contractor shall operate each system in its entirety in the presence of the City Engineer at the time of final inspection. Any items deemed not acceptable shall be reworked to the complete satisfaction of the City Engineer at no cost to the City Engineer. B. Two Controller Charts for Each Controller: Provide new controller charts to reflect new irrigation areas per these plans in conformance with Subsection 308-5.5 of the Standard Specifications. Recreate existing charts or produce new charts. Record drawings must be approved by the City Engineer and the Landscape Architect before charts are prepared. The controller charts shall be a biackline print of the reduced as -built drawings, hermetically sealed between two (2), 20 -mil -thick plastic sheets. The chart shall be the maximum size that the controller door will allow and shall show the areas covered by the controller. A different color shall be used to show the area of coverage for each valve. if the controller sequence is not legible when the drawing is reduced, it shall be enlarged to a readable size. C. Two Operation and Maintenance Manuals: Two (2); individually hard bound copies of operation and maintenance manuals. The manuals shall describe the material installed. Each complete manual shall include the following information: 1. Index sheet stating Contractor's address and telephone number, list of equipment including names and addresses of local manufacturer representatives. 2. Complete operating and maintenance instruction for all equipment. Page 41 of 59 Spare parts lists and related manufacturer information for all equipment. Six (6) valve keys, five (5) sets of irrigation head tools, five (5) quick couplers, special disassembly tools for each type of head provided. D. Maintenance Personnel: After the system has been completed, inspected and approved, instruct the City Engineer's maintenance personnel in the operation and maintenance of the irrigation system and demonstrate the contents of the manual furnished under Article 1.03-C of this section of these Special Provisions (above). 3.11 OBSERVATION SCHEDULE A. Contractor shall be responsible for notifying the City Engineer in advance for the following observations, according to the time indicated: 1. Pre -job conference: seven (7) days 2. Pressure supply line installation and testing: 48- hours 3. Coverage test: 48 -hours 4. Observation to begin maintenance period: seven (7) days 5. Final observation: seven (7) days B. When observations have been conducted by other than the City Engineer, show evidence of when and by whom these observations were made. ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 - TREES, SHRUBS, & GROUND COVER PART 1 -GENERAL 1.01 DESCRIPTION A. Related Requirements: Review the Contract General Provisions and Division One, General Requirements, of these Special Provisions, which contain information and requirements that apply to this Section. B. Work Included: Excavation of plant pits and beds Provide plant materials and related items Finish grading of planted areas Warranty and replacements C. Related Work in Other Sections: Earthwork and Topsoil Placement - Subsection 308-2 Planting - Subsection 308-4 Page 42 of 59 Irrigation System Installation- Subsection 308-5 Maintenance and Plant Establishment - Subsection308-6 1.02 QUALITY ASSURANCE A. Requirements of Regulatory Agencies: All work and materials shall be in full accordance with latest rules and regulations of safety orders of Division of Industrial Safety and all other applicable laws and regulations of the City of Newport Beach, California. B. Applicable Standards: All references to the Standards as described below shall mean the current or latest editions: • "Standard Specifications" - Standard Specifications for Public Works Construction • "ASTM" - American Society for Testing and Materials. • "DIS" - Division of Industrial Safety. Apply standards for plant materials as described in the following 1. An Annotated Checklist of Woody Ornamental Plants of California, Oregon and Washington, (Number 4091), McClintock and Leiser, Division of Agricultural Sciences, University of California, 1979. 2. American Standard for Nursery Stock, 1980 Edition, American Association of Nurserymen, Inc. 3. Hortus /// - 1976 Edition, Bailey Horatorium, Cornell University. C. Certificates: 1. Submit certificates of inspection required by law for transportation of each shipment of plants along with invoice. 2. File copies of certificates after acceptance of material. Inspection by Federal or State Governments at place of growth does not preclude rejection of plants at project site. 1.03 JOB CONDITIONS A. Protection of Existing Plants to Remain: See - "Site Demolition" of these Special Provisions and Subsections 7-9 and 300-1.1 of the Standard Specifications. 1. Operations: Do not store materials or equipment, permit burning, or operate or park equipment under the branches of all existing plants to remain except as actually required for construction in those areas. 2. Barriers: Provide barricades, fences or other barriers as necessary at the drip line to protect existing plants to remain from damage during construction. 3. Notification: Notify City Engineer when Contractor feels other construction activities may damage existing plants to remain. Page 43 of 59 B. Replacement of Damaged Plants: 1. Replacement: Replace existing plants to remain which are damaged during construction with accepted plants of the same species and size as those damaged at no cost to City of Newport Beach in conformance with Subsection 7-9 of the Standard Specifications 2. Inspection: City Engineer shall determine extent of damage and value of damaged plants. 1.04 SUBMITTALS A. Samples: Submit prior to delivery to site. Attach product name, address of manufacturer and/or supplier to each sample. 1. Tree and Shrub Planting Fertilizer. '/2- pint. 2. Tree Ties: One (1) for each type (sample). 3. Wood Chip Mulch: One (1) gallon (sample). B. Product Data: Manufacturer's current specifications. Catalog cuts, data sheets and installation instructions. C. Test Reports: Three (3) copies to be sent by testing laboratory directly to City Engineer. D. Submittal Schedule: All products in this section which is required for submittal shall be included in one Division Two submittal package. E. Shop Drawings: Locations of fences and/or barriers at drip lines of existing trees/plants to remain. 1.05 WORK SCHEDULE: Proceed with the work as rapidly as the site becomes available, consistent with normal seasonal limitations for planting work. 1.06 SELECTION, TAGGING AND ORDERING OF PLANT MATERIAL A. Documentation: Submit documentation within 30 -days after award of Contract that all plant materials have been ordered. Arrange procedure for review of plant materials at time of submission. B. Review: Submit a written request for review of plant materials and quantity at place of growth at least ten (10) working days prior to shipment to site. The City Engineer reserves the right to refuse review at this time if, in the City Engineer's judgment, a sufficient quantity of plants is not available. C. Tagging: Landscape Contractor shall accompany the City Engineer and Landscape Architect for all reviews and tagging plants at place of growth and upon delivery for conformity to specifications. Page 44 of 59 D. Distant Material: Submit photographs with a person adjacent to plants for preliminary review. Such review shall not impair the right of review and rejection during progress of the work. E. Unavailable Material: If proof is submitted that any plant specified is not obtainable, a proposal will be considered for use of the nearest equivalent size or variety with corresponding adjustment of Contract price. Substantiate such proof in writing no later than 30 -days after award of contract. F. Special Conditions: The above provisions shall not relieve Contractor of the responsibility of obtaining specified materials in advance if special growing conditions or other arrangements must be made in order to supply specified materials. 1.07 PRODUCT DELIVERY, STORAGE AND HANDLING A. Labeling: Furnish standard products in manufacturer's standard containers bearing original labels legibly showing quantity, analysis, genus/species and name of manufacturer/grower. B. Storage: Store products with protection from weather or other conditions which would damage or impair the effectiveness of the product in conformance with Subsections 4-1 of the Standard Specifications. Protect metal containers from sun during summer months with temperatures above 80 degrees F. C. Handling: Do not lift or handle container plants by tops, stems or trunks at any time. Do not bind or handle plants with wire or rope at any time. D. Anti -Desiccant: At Contractor's option, spray all evergreen or deciduous plant material in full leaf immediately before transporting with anti - desiccant. Apply an adequate film over trunks, branches, twigs and foliage. 1.08 ANALYSES OF SAMPLES AND TESTS A. Sampling: City Engineer reserves the right to take and analyze samples of materials for conformity to specifications at any time. Furnish samples upon request. B. Rejected Materials: Remove rejected materials immediately from the site at Contractor's expense. Pay cost of testing of materials not meeting specifications. 1.09 ESTABLISHMENT PERIOD AND FINAL ACCEPTANCE: See - "Landscape Establishment and Maintenance" of these Special Provisions. Page 45 of 59 1.10 WARRANTY PERIOD A. Warranty: Warrant in writing that all trees planted under this Contract will be healthy and in flourishing condition of active growth one (1) year from date of Final Acceptance. B. Delays: All delays in completion of planting operations which extend the planting into more than one (1) planting season shall extend the Warranty Period correspondingly. C. Condition of Plants: Plants shall be free of dead or dying branches and branch tips, with all foliage of a normal density, size and color. D. Replacements: As soon as weather conditions permit, replace, without cost to City of Newport Beach all dead plants and all plants not in a vigorous, thriving condition, as determined by City Inspector during and at the end of Warranty Period. E. Exclusions: Contractor shall not be held responsible for failures due to neglect by City of Newport Beach, vandalism, etc., during Warranty Period. Report such conditions. 1.11 REPLACEMENTS A. General: 1. Plant materials exhibiting conditions which are determined by the City Engineer as being unacceptable due to workmanship by the Contractor shall be repaired and/or replaced at no additional cost to the City of Newport Beach in conformance with Subsection 4-1 of the Standard Specifications. 2. Closely match replacements to adjacent specimens of the same species. Apply all requirements of this Specification to all replacements. B. Replacement Quantities: Contractor shall be held responsible for a maximum of two replacements for each failed tree after final acceptance during warranty period. +.l[1yi�;IR�1Pl��LGir�:aGl�.� A. General: 1. Growing Conditions: Plants shall be nursery -grown in accordance with good horticultural practices under climatic conditions similar to those of project for at least two years and shall conform to the Page 46 of 59 requirements of Subsection 212-1.4, unless otherwise specifically authorized. 2. Appearance: All plants shall be exceptionally heavy, symmetrical, tightly knit, so trained or favored in development and appearance as to be superior in form, number of branches, compactness and symmetry. 3. Vigor: Plants shall be sound, healthy and vigorous, well branched and densely foliated when in leaf. They shall be free of disease, insect pests, eggs, or larvae. They shall have healthy, well-developed root systems. Plants shall be free from physical damage or adverse conditions which would prevent thriving growth. 4. Container Stock: Verify that all container stock has been grown in the containers in which delivered for at least six (6) months, but not over two (2) years. Samples must prove to be free of kinked, circling or girdling roots and with no evidence of a pot-bound condition. Do not install container plants that have cracked or broken balls of earth when taken from container. B. Measurements: General: Measure plants when branches are in their normal upright position. Height and spread dimensions specified refer to main body of plant and not branch tip to tip. Take caliper measurement at a point on the trunk six (6) inches above natural ground line for trees up to four (4) inches in caliper and at a point 12 -inches above the natural ground line for trees over four (4) inches in caliper. Size Range: If a range of size is given, do not use plant materials less than the minimum size. Not less than 40% of the plants shall be as large as the maximum size specified. The measurements specified are the minimum size acceptable and are the measurements after pruning, where pruning is required. Plants that meet the measurements specified, but do not possess a normal balance between height and spread shall be rejected. Substitutions: Substituted plants shall be true to species and variety and shall conform to measurements specified except that plants larger than specified may be used if accepted. Use of such plants shall not increase Contract price. If larger plants are accepted, increase the ball of earth in proportion to the size of the plant. C. Pruning: Do not prune plants before delivery. For pruning after installation, see - "Landscape Establishment and Maintenance" of these Special Provisions. D. Condition: Trees which have multiple leaders, unless specified, or damaged or crooked leaders will be rejected. Trees having a main leader shall not have been headed back. Trees with abrasions of the bark, Page 47 of 59 sunscalds, disfiguring knots, or fresh cuts of limbs over Y4 -inch which have not completely callused, will be rejected. 2.02 BACKFILL MIX FOR ON -GRADE PLANT PITS: See - "Soil Preparation" of these Special Provisions. 2.03 COMMERCIAL FERTILIZERS: See - "Soil Preparation" of these Special Provisions. 2.05 WATER A. Clean, fresh and potable, furnished and paid for by Contractor. B. Transport as required. I: I .JE6191yel:Ill&[I]we]I A. Ground tree and shrub trimmings, zero (0) inch to two (2) inches diameter free of sticks, dirt, dust and other debris, as accepted. B. Manufacturer: Whittier Fertilizer of Whittier, CA Telephone: (310) 699- 3461. 2.07 ANTI -DESICCANT A. Anti -desiccants for retarding excessive loss of plant moisture and inhibiting wilt shall be sprayable, water insoluble vinyl-vinyledine complex which will produce a moisture retarding barrier not removable by rain. B. Wilt-pruf Formula NCF as manufactured by Nursery Specialty Products, Greenwich, Connecticut, or accepted equal. PART 3 - EXECUTION OEM A. General: Do not commence planting work prior to acceptance of soil preparation. B. Finish Grades: Finish grades for all planting areas shall have been established in another section. Verify that all grades are within one (1) inch plus or minus of required finish grade and that all soil amendments have been installed as specified under "Soil Preparation" of these Special Provisions. C. Notification: Submit written notification of all conditions inconsistent with specifications for soil preparation and mixing as described in "Soil Preparation" of these Special Provisions. Page 48 of 59 3.02 DRAINAGE OF PLANTING AREAS A. Surface Drainage: Maintain positive surface drainage of planted areas as established under "Landscape Grading" of these Special Provisions. B. Discrepancies: Submit in writing, all discrepancies in the Drawings or Specifications, obstructions on the site, or prior work done by others, which Contractor feels precludes maintaining proper drainage; include description of all work required for correction or relief of said discrepancies. C. Detrimental Drainage, Soils and Obstructions 1. Notification: Supply written notification of all conditions detrimental to growth of plant material. State condition and submit proposal and cost estimate for correcting condition. 2. Testing: Test drainage of plant beds and pits by filling with water twice in succession. Give written notification of conditions permitting the retention of water in planting beds for more than 24 - hours. 3. Correction: Submit for acceptance a written proposal and cost estimate for the correction before proceeding with work. 4. Obstructions: If rock, underground construction work, tree roots or other obstructions are encountered in the excavation of plant pits, alternate locations may be used as directed. Where locations cannot be changed, submit cost required to remove the obstructions to a depth of not less than six (6) inches below the required pit depth. Proceed with work after acceptance. A. Layout and Staking: Lay out plants at locations shown on Drawings in conformance with Subsection 308-4.2 of the Standard Specifications. Use color -coded wire flags for each species of plant material. Stake each tree, vine and major shrub. Outline shrub and ground cover beds with lime. Locations of plants will be checked in the field by the City Engineer and Landscape Architect and shall be adjusted to exact position before planting begins. Right is reserved to refuse review at this time if, in the Engineers opinion, a sufficient quantity of plants is not available. B. Plant Pits: Excavate the planting pits for trees and shrubs which shall be minimum twice the diameter and equal to the depth of the root ball. 3.04 PLANTING OPERATIONS A. General: Planting work shall conform to the requirements of Subsection 308-4 of the Standard Specifications and as contained herein. Page 49 of 59 I . Protect plants at all times from sun or drying winds. 2. Keep plants that cannot be planted immediately upon delivery in the shade, well -protected and well -watered. B. Handling of Plant Materials: 1. Remove canned stock carefully after cans have been cut on two sides with accepted cutter. Do not use spade to cut cans. 2. Lift and handle plants only from the bottom of the ball. If rootball is cracked or broken during handling, plant shall be rejected. 11M�Yti•l11to] CIIiNk to A. Install a two (2) inch minimum deep layer of mulch over all flat shrub areas including tree and shrub watering basins on slopes. 3.08 GROUND COVER PLANTING A. Tilling: Surface soil in areas to be planted with ground cover shall be tilled in conformance with Subsection 308-2.3 of the Standard Specifications. Planting soil amendments should be uniformly broadcast and thoroughly incorporated to a depth of eight (8) inches by means of rototiller or equal. B. Planting: Plant ground cover plants at optimum depth for proper growth. Avoid air pockets. Equally space triangularly, at distances called for in the Drawings. C. Watering: Water bed thoroughly after fertilizer application. Wash all fertilizer from leaves of plant materials. 3.09 CLEAN UP A. General: Keep all areas of work clean, neat and orderly at all times in conformance with Subsection 7-8 of the Standard Specifications. B. Debris: Upon completion of work, remove off the site all surplus materials, tools, equipment, rubbish and debris resulting from the work in conformance with Subsection 7-8 of the Standard Specifications. ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 — LANDSCAPE ESTABLISHMENT AND MAINTENANCE IWAMAriQel:0101:11 LII 1.01 DESCRIPTION A. Related Requirements: Review the Contract General Provisions and Division One, General Requirements, of these Special Provisions, which contain information and requirements that apply to this Section. Page 50 of 59 I ti7*01WINOW-FRA Provide 30 -Day Planting Establishment and 180 -Day Maintenance Period, complete as specified C. Related Work in Other Sections: Earthwork and Topsoil Placement - Subsection 308-2 Planting - Subsection 308-4 Irrigation System Installation- Subsection 308-5 1.02 QUALITY ASSURANCE A. Requirements of Regulatory Agencies: All work and materials shall be in full accordance with latest rules and regulations of safety orders of Division of Industrial Safety and all other applicable laws and regulations of the City of Newport Beach, California. 1. Provide for all inspections and permits required by Federal, State, or local authorities in furnishing, transporting, and installing of all agricultural chemicals. 2. The County Agricultural Commissioner's Office must, by law, be given a monthly record of all herbicides, insecticides and disease control chemicals used. Provide evidence to City of this submittal. B. Applicable Standards: All references to the Standards as described below shall mean the current or latest editions: • "Standard Specifications" - Standard Specifications for Public Works Construction • "ASTM" - American Society for Testing and Materials. • "DIS" - Division of Industrial Safety. Apply standards for plant materials as described in the following: Fertilizing Woody Plants, University of California, Cooperative Extension Leaflet #2958, September 1979. Pruning Landscape Trees, University of California, Cooperative Extension Leaflet #2574, January 1979. Staking Landscape Trees, University of California Publication AXT-311 C. Work Force: 1. Experience: The planting establishment firm shall have a full time foreman assigned to the job for the duration of the contract in conformance with Subsection 7-6 of the Standard Specifications. He shall have a minimum of four years experience in planting establishment supervision, with experience or training in turf Page 51 of 59 management, entomology, pest control, soils, fertilizers and plant identification. 2. Labor Force: The planting establishment firm's labor force shall be thoroughly familiar and trained in the work to be accomplished and perform the task in a competent, efficient manner acceptable to the City Engineer. 3. Supervision: The foreman shall directly employ and supervise the work force at all times. At least one (1) English speaking supervisor must be on site when work is being performed. Notify City Engineer of all changes in supervision. fi 9119A 11101111113 i!dI iIF_116*1 A. Submit to City Engineer for approval, two (2) copies each of the following items: 1. Schedule of establishment operations and monthly status report including list of all equipment and materials proposed for the job. 2. Written application recommendation by a licensed agricultural pest control advisor for all weed, pest and disease controls restricted by the Director of Agriculture proposed for this work. 3. All licenses and insurance required by the City of Newport Beach and the State or Federal government pertaining to this work. 4. Monthly record of all herbicides, insecticides and disease control chemicals used for the project. 1.04 PROJECT CONDITIONS A. Site Visit: At beginning of establishment period, visit and walk the site with the City Engineer to clarify scope of work and understand existing project/site conditions. B. Documentation of Conditions: Document general condition of existing trees, shrubs, vines, ground covers and lawn recording all plant materials which are damaged or dying, if any. C. Irrigation System: Document general condition of existing irrigation system, making sure that faulty electrical controllers, broken or inoperable sprinkler heads are reported. 1.05 SCHEDULING A. Perform all establishment during hours mutually agreed upon between City Engineer and Contractor. B. Work force shall be present at the project site at least once a week and as often as necessary to perform specified establishment in accordance with the approved establishment schedule. Page 52 of 59 IVAJ:4W:10] q1J1Qr.� 2.01 ACCEPTABLE MANUFACTURERS A. Fertilizers: "Tri -C" Tri -C Enterprises LLC 4011 Schaefer Ave Chino, CA 91710 (800)927-3311 B. Herbicides: Chevron Chemical Company 575 Market Street San Francisco, CA 94105 (415)894-0880 Rhone-Poulenc Chemical Company Agro Chemical Division P.O. Box 125 Mon Mouth Junction, NJ 08852 (201)297-0100 Ciba-Geigy Corporation Agricultural Division P.O. Box 1830 Greensboro, NC 27419 (919)292-7100 Elanco Products Company 740 S. Alabama St. Indianapolis, IN 46285 (317)261-3638 The DOW Chemical Company P.O. Box 1706 Midland, MI 48640 (517)636-0236 3M Company -Agri Chemicals Project 3M Center, Bldg. 223-6SE St. Paul, MN 55144 (317) 261-3000 Page 53 of 59 2.02 MATERIALS A. General: All materials and equipment, unless otherwise indicated, shall be provided by the Contractor. B. Water: Clean, potable and fresh, furnished and paid for by the Contractor. Transport as required. C. Fertilizers: 1. Top Dress Fertilizer: Tri -C 6-2-4-+ 5%S D. Herbicides, insecticides, and Fungicides: 1. Obtain best quality materials with original manufacturers' containers, properly labeled with guaranteed analysis. 2. Use non -staining materials. E. Lawn Seed for Reseeding: Match existing lawn mix F. Replacement Tree Guys, Stakes, Ties and Wires: Match existing materials on the site (Provide detail(s) in 8'/2 -inch x 11 -inch format if necessary). PART 3 - EXECUTION 191:411=a]API:4:7_I A. Duration: Continuously maintain each plant and each portion of ground cover area after installation, during progress of work, and for a period of 30 -days after completion of all planting work in conformance with Subsection 308-6 of the Standard Specifications until Final Acceptance. B. Protection: 1. Protect all planting areas from damage of all kinds from beginning of work until Final Acceptance. 2. Establishment includes temporary protection fences, barriers and signs as required for protection. C. Replacements: 1. Immediately treat or replace all plants that become damaged or injured, as directed by City Engineer at no additional cost to City of Newport Beach. 2. Replacement plants shall be of a size, condition and variety acceptable to City Engineer. 3.02 SHRUBS Page 54 of 59 A. Watering Basins: 1. Maintain all watering basins around plants so that enough water can be applied to establish moisture through major root zones. 2. In rainy season, open basins to allow surface drainage away from the root crown where excess water may accumulate. Restore watering basins at end of rainy season. 3. For supplemental hand watering of watering basins, use a water wand to break the water force. Do not permit crown roots to become exposed to air through dislodging of soil and mulch. 4. Maintain originally specified depth of mulch to reduce evaporation and frequency of watering. 5. Check for moisture penetration throughout the root zone at least once per week. B. Resetting: Reset plants to proper grades or upright position. C. Weed Control. 1. Control weeds, preferably with pre -emergent herbicides and with selective systemic herbicides. 2. All areas between plants, including watering basins, shall be weed free. 3. Use only recommended and legally approved herbicides to control weed growth. 4. Avoid frequent soil cultivation that destroys shallow roots and breaks the seal of pre -emergent herbicides. 3.03 GROUND COVERS A. Watering: 1. Check for moisture penetration throughout the root zone at least twice a month. 2. Water as frequently as necessary to maintain healthy growth of ground covers. B. Weed Control: 1. Control weeds, preferably with pre -emergent herbicides and with selective systemic herbicides. 2. Minimize hoeing of weeds in order to avoid plant damage. 3.04 LAWNS A. Watering: 1. Water lawns at such frequency as weather conditions require, to replenish soil moisture to six (6) inches below root zone. Page 55 of 59 91 C. lea IQ F 2. Provide a total of 1 -1/2 -inches of water weekly during hot summer weather, in three (3) applications per week. 3. Water at night if irrigation system is electrically controlled. Otherwise, watering shall be done during early mornings. Weed Control: 1. Control broadleaf weeds with selective herbicides. 2. In areas where crabgrass has infested the lawn, apply a selective post -emergent herbicide as soon as possible, and prior to flowering. 3. Apply pre -emergent herbicides such as Dacthal, Balan, or Betasan prior to crabgrass germination. 4. Do not irrigate for 48 -hours after application of all herbicide sprays. 5. Coordinate application of herbicides with thatch control and reseeding schedule as described below. Mowing and Edging: 1. Mow lawns when they reach two (2) inches high. 2. Trim edges at least two (2) times per month or as required for neat appearance. Edging shall be performed with a blade type mechanical edger, shovel or herbicide. String whips shall not be permitted. Vacuum all clippings. 3. A grass free clear space (edge) of eight (8) inches in width shall outline all trees and two (2) inches in width shall outline all obstacles. Turf Maintenance Fertilization: Applied after first mowing. 1. Preparation: Immediately and remove clippings. 2. Application: prior to top -dress application, cut lawn Directly after the first mowing uniformly broadcast Gro -Power Plus at 20 -lbs per 1,000 square feet. Repeat application with the above product every 45 to 60 -days. Follow each fertilization with a thorough irrigation. Thereafter, feed with same product at same rate every eight (8) to 12 -weeks, depending on usage. Depending on conditions alternating with a balanced chemical fertilizer, so that /2 to one (1) Ib of nitrogen is applied (18-3-7) at 8 -Y2 -lbs per 1,000 square feet. Lawn Seed for Reseeding: Match existing lawn mix Renovating: Thatch Control: Maintain thatch layer at 'h -inch depth or less. Verticut, as required. Page 56 of 59 a. Three (3) weeks before verticutting lawn, apply nitrate fertilizers. b. Perform verticutting operations preferably in the Fall, but otherwise in the Spring. Remove all debris from verticutting. Over -seed as needed. C. Over -seeding must not be followed by application of pre - emergent herbicides for at least four to six (6) weeks. Normally this means that lawns invaded by weeds shall be renovated and over -seeded in the Fall, and treated for weed control in the following late Winter. 2. Aeration: a. Do not perform aeration work during season of active weed germination. b. Aerify compacted areas to improve water penetration when needed, using a piston -driven aerifier with hollow tines. Rake up and remove all resulting soil cores. Fertilize and irrigate immediately after clean up of cores. 3. Top Dress Fertilizer: As herein before specified. 3.05 INSECTS, PESTS, AND DISEASE CONTROL A. Inspection: Inspect all plant materials for signs of stress, damage and potential trouble from the following: 1. Presence of insects, moles, gophers, ground squirrels, snails and slugs in planting areas. 2. Discolored or blotching leaves or needles. 3. Unusually light green or yellowish green color inconsistent with normal green color of leaves. B. Personnel: Perform spraying for insect, pest and disease control only by qualified, trained personnel. C. Application: Spray with extreme care to avoid all hazards to any person or pet in the area or adjacent areas. 3.06 THE 30 -DAY PLANT ESTABLISHMENT PERIOD A. Preliminary Review: As soon as all plantings are completed per Contract Documents, hold a preliminary review to determine the condition of the work. B. Date of Review: Submit a written request to the City Engineer at least five (5) working days prior to anticipated date of review. Page 57 of 59 C. Beginning of the 30 -Day Plant Establishment Period: The date on which the City Engineer issues a letter of Preliminary Acceptance to the Contractor. 3.07 THE 180 -DAY MAINTENANCE PERIOD A. Preliminary Review: Upon completion of the 30 -Day Plant Establishment Period, hold a preliminary review to determine the condition of the work. B. Date of Review: Submit a written request to the City Engineer at least five (5) working days prior to anticipated date of review. C. Beginning of the 180 -Day Maintenance Period: The date on which the City Engineer issues a letter of Completion of Plant Establishment to the Contractor. 3.08 FINAL ACCEPTANCE A. Acceptance: 1. Work will be accepted by the City Engineer upon satisfactory completion of all work, including Establishment Period and Maintenance Period, but exclusive of replacement of materials under the Warranty Period. 2. Submit a written request to City Engineer for review for Final Acceptance at least five (5) working days prior to anticipated Final Review date, which is at the end of the Maintenance Period. B. Corrective Work: 1. Work requiring corrective action or replacement in the judgment of the City Engineer shall be performed within ten (10) calendar days after the Final Review. 2. Perform corrective work and materials replacement in accordance with the Drawings and Specifications, and shall be made by the Contractor at no cost to the City of Newport Beach. 3. After corrective work is completed, the Contractor shall again request a Final Review for Final Acceptance as outlined above. 4. Continue establishment of all landscaped areas until such time as all corrective measures have been completed and accepted. C. Conditions for Acceptance of Work at End of Maintenance Period: 1. Each plant shall be alive and thriving, showing signs of growth and no signs of stress, disease, or any other weaknesses. 2. All plants not meeting these conditions shall be replaced and a 30 - Day Plant Establishment Period and 180 -Day Maintenance Period commenced for such plants. Page 58 of 59 D. Final Acceptance Date: The date on which the City Engineer issues a Letter of Final Acceptance. Upon Final Acceptance, the City of Newport Beach will assume responsibility for maintenance of the work. s MARDI <r» NWITyA•rWrlR3.»Nr_I r_1111003 A. Specific Requirements: Refer to the following sections of these Special Provisions: 1. 'Irrigation" 2. "Lawns and Grasses" 1. "Trees, Shrubs and Ground Cover" APPENDIX B — HEIDER ENGINEERING SERVICES, INC. EXISTING SOIL ANALYSIS (FEB. 7, 2014) Page 59 of 59 SOIL & PLANT LABORATORY, INC. REPORT (FEB. 20, 2014) Soil Plant La6oratorj, lnc Leaders in Soii B IIbnt tpz6trvg Sinn 19db wuvs0@antlplsnihdbpl2lG: y.Cn[n Anaheim office Lab No: 14-042-0003 February 20, 2014 EPT Design 9821 Irvine Center Dr. Irvine, CA 92618 Attn: Jennifer Bushong SUNSET VIEW PARK Attached are the results of the analyses performed on two soil samples that were collected from the above mentioned project site by the client and received by Soil and Plant Laboratory on February 11, 2014. These samples were analyzed in preparation for a new landscape installation. Each sample is a composite of soil collected from the areas marked on the attached map. Analytical Results: #1' The reaction of the soil is slightly alkaline at 7.6 on the pH scale, which is slightly higher than preferred for general ornamentals and could cause some plants to show yellowing of younger foliage. The soil is weakly buffered in the slightly alkaline range, as indicated by an absence of qualitative free lime, and it should be possible to adjust the pH downward in the root zone by incorporating soil sulfur at the provided rate and depth. That change will happen slowly and only as deeply as sulfur is incorporated. Plants that are sensitive to alkaline soil conditions should not be chosen. Salinity (ECe) is elevated at 4.1 dS/m, which could cause some plants to show tip and edge burning of older foliage. The greatest contributor to salinity in this sample is elevated soluble sodium, which was measured at 27.6 milliequivalents per liter (meq/1). Sodium is not properly balanced by calcium and magnesium, as indicated by the elevated sodium adsorption ratio (SAR) of 11.7. This imbalance is likely to have a negative impact on soil structure and water infiltration. In order to decrease salinity and SAR values to safely low levels, incorporate gypsum at the provided rate and depth, followed by several thorough irrigations. The gypsum will provide additional soluble calcium to help balance sodium while the thorough irrigations should help to flush excess sodium out of the root zone. Be sure to allow the soil to dry slightly between irrigations to avoid creating anaerobic soil conditions. Surface and sub soil drainage must be sufficient for leaching to be effective. It was noted at the time of sampling that the soil throughout much of this site is severely compacted to the point that it could impede water movement. Rip or till severely compacted areas to a depth of at least 9 inches. Magnesium, copper and zinc are sufficient for plant nutrition while the other major and minor nutrients are below optimum. The texture of the soil in this area is'sandy loam' with an estimated water infiltration rate of 0.32 inches per hour. The actual rate of water infiltration may vary, depending on the degree of soil compaction. 4741 E. Hunter Ave., Suite A 1101 S. Winchester Blvd., Suite G-173 Anaheim, CA 92807 4& San Jose, CA 95128 P/714.282.8777 F/714.282.8575 rr: rs -nPcoq mm P/408.727.0330 F/408.727.5125 Solt C5, Plant La6oratorcq, Inc leaders in son & Pian T.W6 , Since 1466 xwwsaaaaaplannzbarawryAom Page 2 EPT Design February 20, 2014 #2' The soil represented by this sample is different from the rest of the soil at this site, being lighter in color and heavier in texture. Salinity is high in this sample at 13.9 dS/m, which is high enough that few plants would be expected to become established. Very high soluble sodium, measured at 131 meq/l. The SAR is very high at 25.7. A soil with an SAR of 15 or greater is defined as'sodic'. This is a condition in which sodium is expected to have a severe negative impact on soil structure and water infiltration. Boron is safely low. The reaction of the soil is neutral at 7.0 and lime is absent, which is suitable for plant nutrition. Magnesium is abundant and copper is well supplied while the other major and minor nutrients are below optimum. 4741 E. Hunter Ave., Suite A 1101 S. Winchester Blvd., Suite G-173 Anaheim, CA 92807 4& San lose, CA 95128 P/714.282.8777 Ff714.282.8575 r.'mn T-- P/408.727.0330 F/408.727.5125 Soil P art L.a6oratorcq, Inc i.aoden .n sol! a Pl.m r.renp since 1444 wvw wilaraplantlab mtaryc Page 3 EPT Design February 20, 2014 Comments The chemistry and physical condition of the soil throughout most of the site, represented by the'# 1' sample, could be improved with ripping or tilling, leaching of salts, and standard horticultural amendments. The soil represented by the 42' sample would present a challenge to plants. Due to the heavy texture of the soil along with saline/sodic conditions, it may not be feasible to reclaim that soil. Instead, consider removing that soil type where encountered and replacing it with a suitable import soil. Suggested import soil specifications are provided below. Planting recommendations are provided below for the '#1' soil only. For areas where soil is to be imported, planting recommendations should be based on an analysis of the chosen import material. Suggested Landscape Import Soil Specifications CHEMISTRY Reaction (pH) saturated paste Salinity (EC, dS/m) saturation extract Sodium adsorption ratio (SAR) Boron in saturation extract, ppm TEXTURE 6.0-7.6 <3.0 <6.0 <1.0 Particle Size USDA Sieve Size (mm) Objective — Percent Passing Gravel 2.0 >85% Coarse sands 0.5 >75% Silt plus clay 0.05* <35% *Use Hydrometer method 4741 E. Hunter Ave., Suite A 1101 S. Winchester Blvd., Suite G-173 Anaheim, CA 92807 W San Jose, CA 95128 P/714.282.8777 F/714.282.8575 .r:+-.:._rnpCorr,.,rn P/408.727.0330 F/408.727.5125 Sol 1 C5- Plant Laboratorcq, Inc leaders in Sall A %ane T®sfin9 Sinn 1444 ww,.;-.soitand9tantia.barffiol5�ami Page 4 EPT Design February 20, 2014 Recommendations Surface Soil Preparation for Turf, Groundcover and Mass Planting Uniformly broadcast and blend the following with existing soil to a 6 -inch depth. Amount per 1000 Materials sq.ft. Sample Location(s) Nitrogen fortified organic amendment 4 cu. yards '#1' (compost* or redwood or fir sawdust) Soil sulfur Gypsum 6-24-24XB@ 7 Its. 1#11 75 lbs. 1#1' 15 lbs. 1#1' *Rates and fertilizers may have to be adjusted depending on analysis of selected compost. Tree and Shrub Planting Guidelines 1. Excavate planting pits at least twice the diameter of the rootball. 2. The top of the rootball should be at or slightly above final grade. 3. To improve soil chemistry, uniformly blend 2 lbs. of iron sulfate and 3 lbs. of gypsum per cubic yard of backfill soil. Handle iron sulfate with caution since it will severely stain moist concrete. 4. Organic material is not required in the backfill; however if you wish, the amended surface soil or a soil blend consisting of no more than 20% by volume organic matter can be placed in the upper 12 inches of backfill only. Soil below this depth should not contain any added organic matter because of the threat of plant disease and/or anaerobic soil conditions developing. 5. Place slow release fertilizer tablets in the upper 12 inches of backfill at manufacturer's recommended rates. If fertilizer amended soil is used as a backfill the addition of slow release fertilizer tablets is not necessary. 6. Do not cover the original roothall with other soil. Ideally, a temporary soil berm is often constructed around the outer edge of the roothall to help channel water into the rootball and then into surrounding soil until roots are established in the backfill and the roothall is no longer the sole source of water for the plant. 7. Ideally, a weed and turf free zone, preferably 2-3 ft. in diameter, should be maintained just beyond the diameter of the planting hole. A 2-4 inch deep layer of coarse mulch can be placed around the tree or shrub; mulch should be kept a minimum 4-6 inches from the trunk. Maintenance Fertilization For turf, groundcover and mass planting areas, uniformly broadcast sulfur coated urea at the rate of 5 lbs. per 1000 sq. ft. The first application should occur approximately 45 days after planting, with repeat applications every 60-90 days or as growth and color dictate. In early fall and spring, substitute a complete fertilizer such as 16-6-8, or equal, for the sulfur coated urea at the rate of 6 lbs. per 1000 sq. ft. to ensure continuing supplies of phosphorus and potassium. Tree and shrub plantings can be maintained with the above fertilizers; however, the frequency between applications should be every 120 days or as color and growth dictate, with the first application 90 days after planting. Follow each fertilization with a thorough irrigation. When plants have become well established, fertilizer applications can be less frequent. 4741 E. Hunter Ave., Suite A 1101 S. Winchester Blvd., Suite G-173 Anaheim, CA 92807 Qr San Jose, CA 95128 P/714.282.8777 F/714.282.8575 :,Lnpco.-, Co:T P/408.727.0330 F/408.727.5125 Soil Plant Laboratory,Inc �aoa..: ;e so�� a rum r<m� sm� ices mvwwllanCFiantlaborahxycam Page 5 EPT Design February 20, 2014 Maintenance Fertilization Continued A complete fertilizer, which also contains iron and zinc, is recommended. However, that material does not provide manganese and micronutrient deficiencies can still show in plants in an alkaline soil, even if micronutrients are at good levels. If deficiencies show once plants have become established, they may be addressed upon the first sign of deficiency. Symptoms of manganese deficiency may be seen as a general loss of color in the young leaves, followed by yellowing between veins and brownish -black spots appearing. Iron and zinc deficiency symptoms are often characterized by yellow, almost white, interveinal chlorosis on the youngest growth. If these symptoms are apparent once plants are established, then application of iron, zinc, and/or manganese chelate may improve appearance. Chelates are generally more effective on alkaline soils than some of the other forms of trace elements. These can be applied either foliar or soil applied at manufacturer's rates if deficiencies begin to show. If we can be of any further assistance, please feel free to contact us. Jason Gihring Emailed: jbushong@eptdesign.com 4741 E. Hunter Ave., Suite A1*1101 S. Winchester Blvd., Suite G-173 Anaheim, CA 92807 San Jose, CA 95128 P/714.282.8777 F/714.282.8575 '11'1 mPscn" co r P/408.727.0330 F/408.727.5125 W U) J Z Q J 0 W z W S W w a. U C a APPENDIX B HEIDER ENGINEERING SERVICES, INC. EXISTING SOIL ANALYSIS (FEB. 7, 2014) February 7, 2014 Mr. Andy Tran City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re: Existing Soil Analysis Sampled Soil at Sunset View Park HE Project No.: 140004 Dear Mr. Tran, At your request, Heider Engineering Services, Inc. performed sampling of the Sunset View Park soil material for the upper one foot. We encountered 1 to 2 inches of gravel at the surface, with the remainder of soil sampled being a relatively dense Silty Sand. The 1 to 2 inches of gravel could easily be removed from the site. Based on the visual observation of the existing soil below the gravel, it is our opinion that the subject soil could be removed or reworked with conventional earth moving equipment. An existing near vertical concrete wall was noted on the S. side of the property that has experienced some water drainage behind the wall that created erosion and loss of material, resulting in voids behind the wall. We understand that you intend to provide a curb adjacent to this wall to help keep surface water away from the wall. Prior to regrading and construction work, it is recommended that a 2 sack sand/cement slurry be provided to fill the voids created by the water flow behind this wall. If we can be of further assistance, please contact us at your convenience. Respectfully submitted, $4-ft4WQ464t ExP. 1213112015 # Steven Runyan Dennis W. Heider, RCE c Staff Engineer Principal Engineer £OFG�li4 Ph: (909) 673-0292 Fax: (909) 673-0272 800 S Rochester Ave Ste A, Ontario CA 91761-8171 TO: FROM PREPARED BY: PHONE: TITLE: CITY OF NEWPORT BEACH City Council Staff Report HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov Andy Tran, Senior Civil Engineer (949)644-3315 Sunset View Park - Award of Contract No. 5443 (CAP14-0027) August 12, 2014 Agenda Item No. 9. ABSTRACT: Staff has received favorable bids for the construction of the upper undeveloped portion of Sunset View Park and is requesting the City Council's approval to award the construction contract to Micon Construction, Inc. of Placentia, California. RECOMMENDATION: a) Approve the final park design and the project plans and specifications; b) Award Contract No. 5443 to Micon Construction, Inc. for the total bid amount of $235,317.00, and authorize the Mayor and City Clerk to execute the contract; c) Establish a contingency of $24,000.00 (approximately 10%) to cover the cost of unforeseen work; and d) Approve Budget Amendment No. 15BA-005 appropriating $55,500.00 from the unappropriated General Fund reserve to Account No. 7015-C4002012. FUNDING REQUIREMENTS: With the approval of the recommended budget amendment, there will be sufficient funding for the award of this contract. The following funds will be expensed: Account Description Account Number Amount General Fund 7015-C4002012 $116,217.00 Contributions 7251-C4002012 $150,000.00 Total: $266,217.00 Staff recommends establishing approximately ten (10) percent for contingency purposes for unforeseen conditions associated with construction. Proposed uses are as follows: Vendor Micon Construction, Inc. Micon Construction, Inc. GMU Geotechnical, Inc. DISCUSSION: Purpose Amount Construction Contract $ 235,317.00 Construction Contingency $ 24,000.00 Geotechnical & Material Testing $ 6,900.00 Total: $ 266,217.00 Sunset View Park consists of a linear strip of turf along the northern boundary of the Hoag Memorial Hospital Lower Campus as well as an undeveloped area above and west of the Hoag Cogeneration Plant. This project improves an undeveloped area above the Hoag Cogeneration Plant and will enhance the public's ability to access the site with the addition of concrete walkways and a seating area. It will also aesthetically enhance the area with new landscaping. Since this project is located in the Coastal Zone, staff applied and received a Coastal Development Permit (CDP) from the California Coastal Commission. The CDP was received on December 20, 2013. On April 23, 2013, Council approved the Fifth Annual Review of Development Agreement No. 5 with Hoag Memorial Hospital Presbyterian. The Development Agreement, adopted in 2008 and expires in 2019, relates to the long-term development and expansion of the hospital. Section 8.4 states that Hoag shall reimburse the City up to $150,000 for installation of groundcover, shrubs, and irrigation systems for the unimproved portion of Sunset View Park. Staff will request for this reimbursement upon award of this construction contract. At 10:00 AM on July 23, 2014, the City Clerk opened and read the following bids for this project: The total low bid amount is 5.7% above the Engineer's Estimate of $222,700.00. The low bidder, Micon Construction, Inc., possesses both California State Contractors License Classification "A" and "C-27" as required by the project specifications. A check of Contractor's references indicates they have satisfactorily completed similar projects for other municipalities. The work necessary to complete this contract consists of clearing and grubbing, grading, exporting and importing soil, hardscape improvements, drainage improvements, and landscaping and irrigation improvements. Pursuant to the Contract Specifications, the Contractor will have 50 consecutive working days to complete the work. We join with the surrounding community in welcoming this improvement to West Newport Beach. We also thank the community for its participation in the development of these park improvements. BIDDER CORRECTED AS - BID AMOUNT Low Micon Construction, Inc. $ 235,317.00 2 Green Giant Landscape, Inc. $ 262,800.00 3 C.S. Legacy Construction, Inc. $ 267,000.00 4 Aramexx Construction $ 284,480.00 5 The Richards Group $ 319,900.00 6 PALP, Inc. DBA Excel Paving $ 353,304.00 7 KASA Construction $ 439,880.00 The total low bid amount is 5.7% above the Engineer's Estimate of $222,700.00. The low bidder, Micon Construction, Inc., possesses both California State Contractors License Classification "A" and "C-27" as required by the project specifications. A check of Contractor's references indicates they have satisfactorily completed similar projects for other municipalities. The work necessary to complete this contract consists of clearing and grubbing, grading, exporting and importing soil, hardscape improvements, drainage improvements, and landscaping and irrigation improvements. Pursuant to the Contract Specifications, the Contractor will have 50 consecutive working days to complete the work. We join with the surrounding community in welcoming this improvement to West Newport Beach. We also thank the community for its participation in the development of these park improvements. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15304, Class 4, of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project involves minor alterations to the condition of the land and does not involve removal of mature, scenic trees. 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 - Location Mao Attachment B - Budget Amendment SUNSET RIDGE PARK SUPERIOR AVE WFsTc�AST Hi ® a PROJECT N.T.S. LOCATION Sunset View Park Location Map ATTACHMENT A SUNSET VIEW PARK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-5443 08/12/2014 ATTACHMENT B City of Newport Beach NO. BA- 15BA-005 BUDGET AMENDMENT 2014-15 AMOUNT: $55,5oa.oa EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations from General Fund unappropriated fund balance to help provide sufficient fundina for award of contract no. 5443 to Micon Construction for construction of Sunset View Park. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Amount Description Debit Credit General Fund - Fund Balance $55,500.00 Description Description Division Number 7015 Parks Account Number C4002012 Sunset View Park Signed: Signed: Signed: Finance Approval: City City Council Approval: City Clerk Automatic $55,500.00 7-3o-i�/ Date Date Date