HomeMy WebLinkAboutC-6042 - Corona del Mar Pocket Park ProjectApril 26, 2017
Clean Cut Landscape
Attn: Scoff Harrison
8406 N. Armstrong Avenue
Clovis, CA 93619
Subject: Corona del Mar Pocket Park — C-6042
Dear Mr. Harrison:
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949-644-3005 1 949-644-3039 FAx
newportbeachca.gov
On April 26, 2016, 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 May 4,
2016 Reference No. 2016000199135. The Surety for the contract is The Guarantee
Company of North America USA and the bond number is 12114520. Enclosed is the
Faithful Performance Bond.
Sine
u ,
Leilani I. Brown, MMC
City Clerk
Enclosure
Corona Del Mar Pocket Park Contra. Ao. 6042
EXHIBIT B
CITY OF NEWPORT BEACH
BOND NO. 12114520
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1,180.02 , being at the
rate of $ 15.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Clean Cut Landscape hereinafter designated as the„ Principal,' a contract for
mobilization, traffic control, construction notifications, site grading, construction of steel
and masonry retaining walls, site furnishings, lighting, landscaping and irrigation, and all
other incidental items of work necessary to complete the work in place, 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. Clean Cut Landscape
NOW, THEREFORE, we, the Principal, and The Guarantee Company of
North America USA , 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
Seventy Eight Thousand Six Hundred Seventy Dollars and 101100 ($78,670.10)
lawful money of the United States of America, said sum being equal to 100% of the
estimated amount of the Contract, to be paid to the City of Newport Beach, its
successors, and assigns; for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to
indemnify, defend, and save harmless the City of Newport Beach, its officers,
employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Clean Cut Landscape Page B-1
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terns 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 10 day of April ,20 15
Clean Cut Landscape 1-<-u
Name of Contractor (Principal) Authorized Signaturefritle
The Guarantee Company of North America USA
Name of Surety Authorized Agent Signature
1800 Sutter Street Suite 880 Concord, CA 94520
ress of Surety
925-566-6042
Telephone
APPROVED AS
CITY ATTOR E
Date: 1-11 1A
TO FORM:
1f'$ OFFICE
City Attorney
thM ylt(ft IS
Bonnie Gonzalez Attorney In Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Clean Cut Landscape Page B-2
ACKNOWLEDGMENT
A notary public or other officer completing'"
ompleting this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of r PD ) ss.
On i 13 20 16 - before me, MO -4 Let
Notary Public, personally appeared Ka" Alay diA —�
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.
0
a
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
MAI LEE VANl3
Comm. #2006296
�ryFueAo-c
FRtsNo couNTv
Camp. EV. FEB. 3 2017
(seal)
State of California
County of -Iss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Clean Cut Landscape Page B-3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
ss
County of Fresno )
Onl ' !G i'C, %efore me, Lyn Genito, Notary Public, personally appeared Bonnie Gonzalez
who proved to me on the basis of satisfactory evidence to be the person4.4 whose
name4.4 is4re subscribed to the within instrument and acknowledged to me that 4e/she/owy
executed the same in 4is/her/t4e4 authorized capacity4e4, and that by k»s/her/f#eir
signature4sy on the instrument the personk4, or the entity upon behalf of which the person44
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.
Commission # 2094223
i 'm Notary Public • CalHomia = T
Fresno County s
Comm. Ex ires Jan 16, 2019 t'
""Signature:
(Seal) Lyn Genito, No ary'P blic
THE The Guarantee Company of North America USA
GUARANTEE Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Steven P, Edwards, Cody Lyman, Lyn Genito, Bonnie Gonzalez
Alliant Insurance Services, Inc.
its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31� day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney -in -fad and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transporefion making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
pw�+TEe� IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012,
GTHE GUARANTEE COMPANY OF NORTH AMERICA USA
K/r c9�191
�i a_,_7
STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice President, COO Randall Musselman, Secretary
County of Oakland
On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me
duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Sea] and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
My Commission Expires February 27, 2018
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
U
IN WITNESS WHEREOFI have thereunto set my hand and attached the seal of said Company this �day of ���" jr'I>
Randall Musselman, Secretary .
o�
V 0
oq`/FORN`P ,;
July 8, 2016
Clean Cut Landscape
Attn: Scott Harrison
8406 N. Armstrong Avenue
Clovis, CA 93619
CITY OF NEWPORT BEACH
Subject: Corona del Mar Pocket Park C-6042
Dear Mr. Harrison:
CITY CLERK'S OFFICE
Leilani Brown, MMC
On April 26, 2016 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
May 4, 2016, Reference No. 2016000199135. The Surety for the bond is The Guarantee
Company of North America USA and the bond number is 12114520. Enclosed is the
Labor & Materials Payment Bond.
Sinc(erejly,
1
Leilani I. Brown, MMC
City Clerk
Enclosure
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 9 Fax: (949) 644-3039 • www.newportbeachca.gov
Corona Del Mar Pocket Park Contract No. 6042*
EXHIBIT A
CITY OF NEWPORT BEACH
BOND NO. 12114520
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Clean Cut Landscape hereinafter designated as the "Principal," a contract for the work
necessary for the completion of this contract, consisting of mobilization, traffic control,
construction notifications, site grading, construction of steel and masonry retaining
walls, site furnishings, lighting, landscaping and irrigation, and all other incidental items
of work necessary to complete the work in place, 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. Clean Cut Landscape
NOW, THEREFORE, We the undersigned Principal, and,
The Guarantee Company of North America USA 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
Seventy Eight Thousand Six Hundred Seventy Dollars and 101100 ($78,670.10)
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
Clean Cut Landscape Page A-1
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
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 10 day of April 120 15 .
Clean Cut Landscape
Name of Contractor (Principal)
The Guarantee Company of North America USA
Name of Surety
1800 Sutter Street Suite 880 Concord. CA 94520
Address of Surety
(925) 566-6042
Telephone
APPROVED AS TO FORM:
CITY ATT,ORNIiY'S OFFICE
By: V v
Itia'ron C. Harp (ptA owlull
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Bonnie Gonzalez Attorney In Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Clean Cut Landscape Page A-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County ofreSiLO ) ss.
On I l , 20 iC) before me, W%G LP- Viuiv`rh �.
Notary P blit, personally appeared Kary�j l cin eA j—�
who proved to me on the basis of satisfactory evid nce 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/herltheir 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.
7 MAI LEE VANG
WITNESS my hand and official seal. COW -
#2006291 6 n
FRfieHocoU.-
Signa1��� Comm. . FEB. 3, 2017
ture (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Clean Cut Landscape Page A-3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
ss
County of Fresno )
On�' 110 ZC'l�efore me, Lyn Genito, Notary Public, personally appeared Bonnie Gonzalez
, who proved to me on the basis of satisfactory evidence to be the person(s• whose
names} is/afe subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/t4e4 authorized capacity4e-4, and that by bis/her/their
signature4s4 on the instrument the person(4, or the entity upon behalf of which the person( -4
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.
LYN GENITO
Commission k 2094223
Z'® Notary Public • California i
Z Fresno County r
M Comm. Ex fres Jan 16, 2019
Signature:
(Seal) Lyn Genito, Notary bli
THE The Guarantee Company of North America USA
GUARANTEE" POWER OF ATTORNEY Southfield, Michigan
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Steven P. Edwards, Cody Lyman, Lyn Genito, Bonnie Gonzalez
Alliant Insurance Services, Inc.
its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed avid may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attomey(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attomey-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 61h day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
Ee�o IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012.
GTHE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice President, COO Randall Musselman, Secretary
County of Oakland
On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me
duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai
Notary Public, State of Michigan
County of Oakland
- My Commission Expires February 27, 2018
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
6X 19- /
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
.wr^ee� IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this ) C day of Aff i 90
G '0 r�o
'""" Randall Musselman, Secretary
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
��� �' i I ���,� ��� i ��I�' i�� ! A li � �I ' ! l i r�i NO
� LE E
*$ R 0 0 0 8 5 0 9 0 0 4
2016000199135 3:44 pm 05104116
2.27 417 N12 1
0.000.000.000.000.000.070.000.Ou
"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 Karry Wendel DBA Clean Cut
Landscape, Clovis, as Contractor, entered into a Contract on April 14, 2015. Said
Contract set forth certain improvements, as follows:
Corona del Mar Pocket Park C-6042
� :.)
O Wofk on said Contract was completed, and was found to be acceptable on
LtlApOV'126, 2Q16 by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is The Guarantee Company of North America USA.
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed onh ri I I at Newport Beach, California.
Pt t
BY
y Jerk
CITY OF NEWPORT BEACH
CITY CLERK'S OFFICE
Leilani Brown, MMC
April 27, 2016
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
RE: Notice of Completion for the following project:
• Corona del Mar Pocket Park - Contract No. 6042
Please record the enclosed document and return to the City Clerk's Office.
Thank you.
incerely,
Leilani I. rown, MMC
City Clerk
Enclosure
100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915
Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachea.gov
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 Govemment 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 Karry Wendel DBA Clean Cut
Landscape, Clovis, as Contractor, entered into a Contract on April 14, 2015. Said
Contract set forth certain improvements, as follows:
Corona del Mar Pocket Park C-6042
Work on said Contract was completed, and was found to be acceptable on
April 26, 2016 by the City Council. Title to said property is vested in the Owner and the
Surety for said Contract is The Guarantee Company of North America USA.
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge. r 1
Executed on ft ri at Newport Beach, California.
�el
cip G -
BY CjzilL
Jerk
cJ
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Electronic bids shall be submitted via PlanetBids
by 10:00 AM on the 3rd day of March, 2015,
at which time such bids may be reviewed
CORONA DEL MAR POCKET PARK
Contract No. 6042
$ 80,000.00
Engineer's Estimate
Approved by
Mak Vukojevic
City Engineer
Prospective bidders may obtain Bid Documents, Project Specifications and Plans
via PlanetBids:
http://www.i)laiietbids.coni/portal/portal.cfrn?CoinpaiiylD=22078
Contractor License Classification(s) required for this project: "A" and "C-27"
For further information, call Andy Tran, Proiect Manager at (949) 644-3315
City of Newaort Beach
CORONA DEL MAR POCKET PARK
Contract No. 6042
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
LABOR AND MATERIALS PAYMENT BOND .............................................. Exhibit A
FAITHFUL PERFORMANCE BOND............................................................ Exhibit B
INSURANCE REQUIREMENTS..................................................................Exhibit C
PROPOSAL.............................................................................................................. PR -1
SPECIAL PROVISIONS.......................................................................I.................... SP -1
TECHNICAL SPECIFICATIONS............................................................................... TS -1
pa
City of Newport Beach
CORONA DEL MAR POCKET PARK
Contract No. 6042
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City
Clerk We PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanefBids)
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; Contractor shall confirm vla PlanetBids)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON -COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL (UNE ITEMS to be completed via PlanetSids)
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 dearly 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 (LINE
ITEMS) multiplied by unit price submitted by the bidder in PlanetBids. 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 (LINE ITEMS.)
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. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code — including, but not limited to, the requirement to pay prevailing wage
rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by
the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
13. 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.
I Z?,,, '0��"P& i`
Contractor's License No. & Classification
I00000S
DIR Reference Number & Expiration Date
0,11I eA c0f L&4115,��
Bidder
Authorized Signature/Title
-
` Date
4
City of Newport Beach
CORONA DEL MAR POCKET PARK
Contract No. 6042
BIDDER'S BOND
Clean Cut Landscape The Guarantee Company of North America USA
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 bid amount
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
CORONA DEL MAR POCKET PARK, Contract No. 6042 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 24 day of February 2016.
Clean Cut Landscape J ,-W
Name of Contractor (Principal) Authorized Signature/Title
The Guarantee Company of North America USA
Name of Surety
Autho ¢ed Agent Signatuee `�
1800 Sutter Street, Suite 880 Concord, CA 94520 Bonnie Gonzalez Attorney In Fact
Address of Surety Print Name and Title
925-566-6042
Telephone
(Notary acknowledgment of Principal & Surety must be attached)
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
ss
County of Fresno )
On IS before me, Lyn Genito, Notary Public, personally appeared Bonnie Gonzalez
who proved to me on the basis of satisfactory evidence to be the persons} whose
name{ is/a-Fe subscribed to the within instrument and acknowledged to me that 4e/she/t4ey
executed the same in W-&/her/the* authorized capacity4ees4, and that by Ws/her/t4e4
signatures} on the instrument the person{s4, or the entity upon behalf of which the person{S4
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.
LYN GENITO
Commission # 2094223
Notary Public - California z
Z ' Fresno County D
My Comm. Ex ares Jan 16, 2019
nature:
(Seal) L
ACKNOWLEDGMENT
State of California
County of )Ss.
On
Public, personally appeared
before me,
Notary
,who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Thumbprint of Signer
❑ Check here If
Capacity of Signer: no thumbprint
Trustee or fingerprint
Power of Attorney is available.
CEO/CFO/COO
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
0
ACKNOWLEDGMENT
...............................................................................
State of California
County of }ss.
On
Public, personally appeared
before me, , Notary
,who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
■•rrrrrrrrrrrarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr■
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/C00
President / Vice -President / Secretary / Treasurer
Other:
Other Information:
7
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
Is available.
THE The Guarantee Company of North America USA
GUARANTEEm Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Steven P. Edwards, Cody Lyman, Lyn Genito, Bonnie Gonzalez
Alliant Insurance Services, Inc.
its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 3151 day of December, 2003.
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorneys) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
�JPaP"TEECQ� IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
F� ^ its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012.
a (�(v�^J eye THE GUARANTEE COMPANY OF NORTH AMERICA USA
STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice President, COO Randall Musselman, Secretary
County of Oakland
On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me
duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai
ar Notary Public, State of Michigan
County of Oakland
Moy yn My Commission Expires February 27, 2018
Actin �n Oakland County • g Y
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
G4eTEE 00 IN WITNESS AWHEREOF, I have thereunto set my hand and attached the seal of said Company this 21 day of ���
y r
_wZ
Randall Musselman, Secretary
CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of FRESNO } ss.
On February 26, 2015 before me, Mai Lee Vang , Notary Public, personally
appeared Karry Wendel 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.
NIAI LEEVANG
yr COMM. #2006296 m
W FRESNP OUNTTy
Conrri, FEB. 3, 2017
Signature
(seal)
City of Newport Beach
CORONA DEL MAR POCKET PARK
Contract No. 6042
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: a,c J v; 'fe- ►
Address: 'ib 1 O KLe, r (ti'Y.
stn 1. 6,4, Cl -NO4
Phone: ?(il) fir � Z- 15gi
State License Number:
Email Address:
Name:
Address:
\j
Phone:
State License Number:
Email Address:
Name:
- -
Address:
�f
Phone:
State License Number:
Email Address
L eb.n b-L� � _(un GIS AJC l� � i �-- —_
Bidder I Authorized Signature/Title
I=3
City of Newport Beach
CORONA DEL MAR POCKET PARK
Contract No. 6042
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this formlll Please print or type.
Bidder's Name CJPCd Cv f (Ane/5612k
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.1lac'e' `
Project Name/Number
Project Description
Approximate Construction Dates: From To:
Agency Name
Contact Person
Telephone (
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
u
No. 2 PCO&r.,
Project Name/Number r tee'
Project Description
Approximate Construction Dates: From To:
Agency Name
Contact Person
Telephone (
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims. MD
No. 3 'F6-& C,e, <;? 0 "ec 4 tu+ e—�
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
To:
Contact Person Telephone ( )
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
1 `4
10
No. 4
Project Name/Number
Project Description
Approximate Construction Dates: From To:
Agency Name
Contact Person Telephone ( )
Original Contract Amount $ Final.Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims. ND
NoJ
Project Name/Number
Project Description
Approximate Construction Dates: From To:
Agency Name
Contact Person
Telephone ( )
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims. RD
11
No. 6
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
T
Telephone ( )
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
clCtins. 1 '
Bidder Authorized Signature/Title
12
— 1. AN DSC APE
PROJECF REFERENCES
City of Beverly Hills Ca.
PROJECT NAME:
City of Beverly Hills Irrigation Improvements on Santa Monica Blvd. $235,000
CONTACT: Charles Akurman (3:1.0) 288-2823
City of Fontana Ca
PROJECT NAME:
City of Fontana lurupa Ave. Streetscape $986,000
CONTACT: Jonathan WU PE, Senior civil engineer (909) 350-6724
8353 sierra Ave Fontana Ca. 92335
Fresno school district
Turner Elementary School Irrigation improvements $510.000
Roger Le%6of
Planner/Estimator/Mechanical
559/457-3064 Off..559/647-9923 Cell
Roger. LeiboldPfresnounified.ore E-mail
CONTACT:
5406 N. Armstrong; Clovis, CA 93619
559-322-2041 fax 559-322-2071
PROJECT
AMOUNT I LOCATION
OWNER
COMPLETION DATES
Hwy 180-Clovis Ave. to Temperance
$5,130,000 Fresno
StateofCeliformia
STILL RUNNING
City of Beverly Hills Irrigation Improvements on Santa Monica Blvd.
$235,000 Beverly Hills
City of Beverly Hills
2013
Simi Valley Oak Tree Planting
$160,000 Shni Valley
City of Slmi Valley
2012
City of Fontana lunrpa Ave. Streetscape
$986,000 Fontana
City of Fontana
PE
City of Fresno Street Medians
$428,000 Fresno
City of Fresno
STILL RUNNING
Clovis North High School
$2,100,000 Clovis
Clovis Unified School District
2007
Dakota and Armstrong Elementry School
$634,000 Clovis
Clovis Unified School District
2012
Lake Tahoe shoreline Beautification
$740,000 Lake Tahoe
City of South Lake Tahoe
2014
Hwy 15 Beautification at Magnolia
$696,000 Corona
State of California
PE
Hwy 91 Beautification at Green River
S700,000 Corona
State of California
2014
Fresno Unified Site Improvements
$110,000 Fresno
Fresno Unified School District
2014
Wlldwood Basin Landscape Improvements
$360,000 Yucaipa
City of yucaipa
2014
1-10 Landscape Improvements
$641,000 Yucaipa
City of Yucaipa
2014
Hwy 101 Stream Mitigation
$1,300,000 Santa Barbara State of California
2014
Veterans Hospital Landscape Improvements
$830,000 Fresno
Veterans Affalrs
2014
Sierra Meadows Park
$330AID Clovis
City of Clovis
2012
Coalinga Unfied School District Irrigation Improvements
$1,540,000 Coalinga CA
CUSD
2008
Orange County Entrance on Highway S
$710,000 Buena Park
Stote of Callfomla
PE
San Diego landscape improvements at Miramar Way
$2,400,000 San Diego
State of Catlfornta
PE
Stockdale Highway Improvements
$289,000 Bakersfield
City of Bakersfield
PE
Fresno State Beaseball Infield improvements
$31,000 Fresno
Fresno State University
2012
Fresno State Memorial Fountain
$91,000 Fresno
Fresno State University
2013
Fresno State Aquatic Center Landscape improvements
$81,000 Fresno
Fresno State University
2013
Frepto State Womens Softball Field Renovation
$13,000 Fresno
Fresno State Unhredsty
2013
Turner Elementary School Irrigation Improvements
$510,000 Fresno
Fresno Unified School District
2012
Wildwood Basin Trail Improvements
$110,000 Yucaipa
qty of Yucaipa
2013
City of Newport Beach
CORONA DEL MAR POCKET PARK
Contract No. 6042
NON -COLLUSION AFFIDAVIT
State of California )
-- ) ss.
County of 1�/eSno
eA , being first duly sworn, deposes and says that he or she is
DIA)Y- ,►r of (:tQn-,n_("t- trAMZC442e1 , 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 contact 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 that the foregoing is true and correct.
V)CLV,r-v
Bidder Authorized Signature/Title
Subscribed and sworn to (or affirmed) before me on thisday of .v _, 2015
by Ko A Y y WzJ i c�c� , proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
(SEAL]
13
Notary Public QJ
My Commission Expires: ���. ,3, 2ot^7
CALIFORNIA NOTARY JURAT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of FRESNO } ss.
Subscribed and sworn to (or affirmed) before me on this 26th day of February. 2015,
by Karry Wendel , proved to me on the basis of satisfactory evidence to be
the person(s) who appeared before me.
?AAI I FE VANG
comm. #2006296 m
N FREla
FRESNO COUNTY
n, FEB, 3, 2011
Signature of Notary Public
(seal)
City of Newport Beach
CORONA DEL MAR POCKET PARK
Contract No. 6042
DESIGNATION OF SURETIES
Bidder's name V j4e,&A C V T
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):
Mie &0
14
City of Newmrt Beach
CORONA DEL MAR POCKET PARK
Contract No. 6042
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
//�� TO ACCOMPANY PROPOSAL
Bidder's Name L, C V --r LA. "d "-P-Z'
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
15
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2014
2013
2012
2011
2010
Total
2015
No. of contracts
u
I
s
Total dollar
Amount of
63a1wo
Contracts (in
Thousands of $)Y
d7
1,r
No. of fatalities
No. of lost
Workday Cases
No. of lost
workday cases
involving
permanent
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
15
Legal Business Name of Bidder Nt&A 6L)-f ��i,►ti��L -
Business Address: Ate• CCAOIII S C4. 17
Business Tel. No.:
State Contractor's License No. and
Classification: cuv.-A G -27
Title OW(leP e"'
The above information was compiled from the records thaf are available to me at this
time and I declare under penalty of perjury that the information is true and accurate
within the limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
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 ATTACHED]
16
CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of FRESNO } ss.
On February 26, 2015 before me, Mai Lee Vang_, Notary Public, personally
appeared Karry Wendel 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 1ny hand and official seal.
MAI LEE VANG
comm. #2006296 m
in _ • Notary PuWk-C&ftn1a N
W FRESNO COUNTY
Comm, . FEB. 3, 2017
-
S ignature�—
(seal)
jr
City of Newport Beach
CORONA DEL MAR POCKET PARK
Contract No. 6042
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of Califomia that the
following information is true and correct: �1
Name of individual Contractor, Company or Corporation: C1j ea1t y1- bA'"4 f'a'd
Business Address: Dq D (a N AY -w-5 rf�j 64y -e, Cf oV i 5 6A • � 3617
Telephone and Fax Number. 55D 37,Z' ZO
3 ZZ -2-6"71
California State Contractor's License No. and Class: 727, 9M A aAC-77
(REQUIRED AT TIME OF AWARD)
Original Date Issued:,5 f7 UExpiration Date:
List the name and titlelposition of the person(s) who inspected for your firm the site of
the work proposed in these contract documents:
64 tv . 56h&o/ 0jSr0c t eA l rra, ti: fete £ k Sc•t d�'1�-c lu�-��,•n�'s
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
a rr 6W i W- X*4 Al IAW?S �W pe M)12Z-2exl/
Claw A
Corporation organized under the laws of the State of
18
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this propo§al_are as follows:
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
/`114
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;
&lo4
Briefly summarize the parties' claims and defenses;
Have you ever had a contract terminated by the owner/agency? If so, explain.
Have you ever failed to complete a project? If so, explain. /,j / Q�
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.)? Yeso
Irt
Are any claims or actions unresolved or outstanding? Yes /e
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
. eJO
(Print name of Owner or President
of Corporation/Company)
Neav"'6vt- L4j5co
Bidder
Authorized Signature/Title
UVJ ae-VII
Title
Date
On f&. 21e, 2015 before me, Mo -i- Leg\/Gha, , Notary Public, personally
appeared ✓ , who proved to me on the
basis of satisfactory evide ce 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.
Notary Public in and fors id S to
My Commission Expires: _ �.7. 30,7_01-1
20
jrmogm
d t)
CALIFORNIA NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of FRESNO } ss.
On February 26, 2015 before me, Mai Lee Vang_, Notary Public, personally
appeared Karry Wendel 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.
MAI LEE VANG
•- COMM. #2006296
Notary ptmt_cpNtomia
W FRESNO COUNTY
MY Comm. . FEB. 3, 2017
-
Signature
Cily of Newport Beach
CORONA DEL MAR POCKET PARK
Contract No, 6042
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 Rests Keating Guide: Property -Casualty. Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as modified by
the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on
the insurance company's forms, fully executed and delivered with the Contract. The Notice to
Proceed will not be issued until all contract documents have been received and approved by the
City.
21
Page: 1 of 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
COROI,A DEL MAR POCKET PARK
CONTRACT NO. 6042
DATE: 2 • rlS B Y : 1141, �t13�---�-�=
Deputy Public: Wdrks Director
TO: ALL PLANHOLDERS
The following changes, additions, deletions, or clarifications shall he made to the Contract
Documents — all other conditions shall remain the same.
A. BID SUBMITTAL/BID OPENING
Reminder: Bids for this Contract are to be received Via PlanetBids via electronic
submittal only. No hard copy submittals will be accepted for this Project.
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (March 3, 2014 al 10:00 AM.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bic] Due Date).
Members of the public who would like to attend this reading may go to Bay E, 2`' Floor
of the Civic Center (Located at 100 Civic Center Dr.)
E. ENGINEER'S ESTIMATE
The Engineer's Estimate (:180,000.00) is now viewable on the (aid Info rnlation section
of the PlanetBids Project under "Estimated Bic] Value".
Page: 2 of 2
C. PLANS:
Sheet 3, 5 and 6 have been revised as follows:
1. Sheet 3— Revised Reference Notes Schedule Item C-104
2. Sheet 3 — Revised Refemece Notes Schedule Item C-106
3. Sheet 5 - Revised Detail F Item 7
4. Sheet 5 - Revised Detail G Title
5. Sheet 5 --Revised Detail G Item 2
6. Sheet 6 - Revised LI -101
Replace Sheets 3, 5 and 6 with Revised Sheets 3,5 and 6 (included with this
Addendum)
File Attachment: C-6042 REVISED PLAN SHEETS 3-5-6
Bidders must sign this Addendum No. 9, and scan/upload It with their Bid Submittal
Packet (behind the Acknowledgement of Addenda.) Bids may not be considered
unless any and all Addenda are attached.
Bidders must also acknowledge receipt of the Addenda via PlanefBids.
Please note that If you have already submitted a Pict, you will need to acknowledge
the Addenda and resubmit your Bid In order for It to be valid.
I have carefully examined this Addendum No. 1 and
have included full payment in my Proposal.
�JIPAO L)_�
Bidder's Name (Please Print)
Date
Authorized Signature St Title
City of Newport Keach
CORONA DEL MAR POCKET PARK
Contract No. 6042
ACKNOWLEDGEMENT OF ADDENDA
Bidder's name Cjl,,ea.A Co:'C Later` 4 G��e
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
1901 .To] I rim
THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 14th
day of April, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH,
a California municipal corporation and charter city ("City"), and KARRY WENDEL, a
sole proprietor, doing business as ("DBA") CLEAN CUT LANDSCAPE ("Contractor"),
whose address is 8406 North Armstrong Avenue, Clovis, California 93619, and is made
with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has advertised for bids for the following described public work: The work
necessary for the completion of this contract consists of mobilization, traffic
control, construction notifications, site grading, construction of steel and masonry
retaining walls, site furnishings, lighting, landscaping and irrigation, and all other
incidental items of work necessary to complete the work in place (the "Project" or
'Work").
C. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and
specifications.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
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. 6042, 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.
REEN&TWWARM =SR .1
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 Seventy Eight Thousand Six Hundred Seventy
Dollars and 10/100 ($78,670.10).
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.
VANES 2-USIU44 MURYTIM411
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 Scott Harrison 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.
Clean Cut Landscape 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: Scott Harrison
Clean Cut Landscape
8406 N. Armstrong Avenue
Clovis, CA 93619
ESI.Ir74:9401Q*.�i61i1,111 Ti Eel 7
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
Clean Cut Landscape 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.
6,71 ,
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.
�'Llliii7�77 7-Afro7.
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. 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.
12. 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
Clean Cut Landscape Page 4
Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference.
13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
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.
14. PREVAILING WAGES
In accordance with the California Labor Code (Sections 1770 et seq.), the
Director of Industrial Relations has ascertained the general prevailing rate of per diem
wages in the locality in which the work is to be performed for each craft, classification,
or type of workman or mechanic needed to execute the contract. A copy of said
determination is available by calling the prevailing wage hotline number (415) 703-4774,
and requesting one from the Department of Industrial Relations. All parties to the
contract shall be governed by all provisions of the California Labor Code — including, but
not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the
job site.
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
Clean Cut Landscape Page 5
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,
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.
Clean Cut Landscape Page 6
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
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
Clean Cut Landscape Page 7
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.
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
Clean Cut Landscape Page 8
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.
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.
23. RECITALS
City and Contractor acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Contract.
[SIGNATURES ON NEXT PAGE]
Clean Cut Landscape 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:
CITY ATN Y'S OFFICE
Date:
— M
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
M_
Aaron C. Harp UM 0*1115- E
City Attorney
Mayor
D. Selich
ATTEST: / CONTRACTOR: Karry Wendel, a sole
Date: proprietor doing business as ("DBA")
Clean Cut Landscape
Date: H (a -
By: By: K- W .�.�
Leilani I. Brown Karry R. Wendel
City Clerk Owner
`AGI FOS
[END OF SIGNATURES]
Attachments: Exhibit A -- Labor and Materials Payment Bond
Exhibit B -- Faithful Performance Bond
Exhibit C - Insurance Requirements
Clean Cut Landscape Page 10
" Corona Del Mar Pocket Park Contract No. 6042`
CITY OF NEWPORT BEACH
BOND NO. 42114520
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
Clean Cut Landscape hereinafter designated as the "Principal," a contract for the work
necessary for the completion of this contract, consisting of mobilization, traffic control,
construction notifications, site grading, construction of steel and masonry retaining
walls, site furnishings, lighting, landscaping and irrigation, and all other incidental items
of work necessary to complete the work in place, 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. Clean Cut Landscape
NOW, THEREFORE, We the undersigned Principal ,"and,
The Guarantee Company of North America USA 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
Seventy Eight Thousand Six Hundred Seventy Dollars and 10/100 ($78,670.10)
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 worts 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
Clean Cut Landscape Page A-1
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
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 10 day of April —,20 15 .
Clean Cut Landscaped 1 b
Name of Contractor (Principal) Authorized Signature/Title
The Guarantee Company of North America USA
Name of Surety
1800 Sutter Street Suite 880 Concord, CA 94520
Address of Surety
(925) 566-6042
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aron C. Harp cAm o0uh
City Attorney
�''��" iYc� }"�i'il�• 1.%^- lU ��� .
Authorized Agent Signature
Bonnie Gonzalez Attorney In Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR
AND SURETY MUST BE ATTACHED
Clean Cut Landscape Page A-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of r, +t 0 _} ss.
On vii i- _ _ 20� before me, iLta cr a
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.
1
�•�re
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
Clean Cut Landscape Page A-3
ra
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
ss
County of Fresno )
Onfk-,, '� o c{" -' ,-before me, Lyn Genito, Notary Public, personally appeared Bonnie Gonzalez
, who proved to me on the basis of satisfactory evidence to be the persont4 whose
name(-,) is/are subscribed to the within instrument and acknowledged to me that 4e/she/t4ey
executed the same in lois/her/their authorized capacity(ie4, and that by #+s/her/tkeif
signatures) on the instrument the personk4, or the entity upon behalf of which the persont4
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.
LYN G6NI70
Commission # 2094223
z Notary Public - California z ;
Fresno County
OM Comm. Expires Jan 16, 2019
Signature:
(Seal) Lyn Genito, Notarybli
THE TM The Guarantee Company ®f North America USA.
Southfield, Michigan
POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Steven P. Edwards, Cody Lyman, Lyn Gemto, Bonnie Gonzalez
Alliant Insurance Services, Inc.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003,
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
2. To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed.
v �w+*Ee�oH IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012.
ory iy THE GUARANTEE COMPANY OF NORTH AMERICA USA
�NAMER�
STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice President, COO Randall Musselman, Secretary
County of Oakland
On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me
duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai
.a Notary Public, State of Michigan
County of Oakland
O— �o .,y My Commission Expires February 27, 2018
Acting in Oakland County
IN WITNESS WHEREOF, 1 have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
ex 19'
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this t L,,' day of f�_Xt
a
Randall Musselman, Secretary
* Corona Del Mar Pocket Park Contract No. 6042
CITY OF NEWPORT BEACH
BOND NO. 12114520
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1,180.00 , being at the
rate of $ 15.00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
Clean Cut Landscape hereinafter designated as the "Principal," a contract for
mobilization, traffic control, construction notifications, site grading, construction of steel
and masonry retaining walls, site furnishings, lighting, landscaping and irrigation, and all
other incidental items of work necessary to complete the work in place, 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. Clean Cut Landscape
A
NOW, THEREFORE, we, the Principal, and The Guarantee Company of
North America USA , 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
Seventy Eight Thousand Six Hundred Seventy Dollars and 10/100 ($78,870.10)
lawful money of the United States of America, said sum being equal to 100% of the
estimated amount of the Contract, to be paid to the City of Newport Beach, its
successors, and assigns; for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Contract Documents and any alteration thereof made as therein
provided on its part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to its true intent and meaning, or fails to
indemnify, defend, and save harmless the City of Newport Beach, its officers,
employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this
obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Clean Cut Landscape Page B-1
Surety, for value received, stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Contract or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effect for one (1) year following the date of formal acceptance
of the Project by City.
In the event that the Principal executed this bond as an individual, it is agreed
that the death of any such Principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 10 day of April ,20 15
Clean Cut Landscape
Name of Contractor (Principal)
The Guarantee Company of North America USA
Name of Surety
1800 Sutter Street Suite 880 Concord, CA 94520
Address of Surety
925-566-6042
Telephone
APPROVED AS TO FORM:
CIN ATTORNEY'S OFFICE
Aarc'n C. Harp (Am LiItuIrS
City Attorney
I -.<—u ---� org
Authorized Signature/Title
-n TLC
Authorized Agent Signature !� }
Bonnie Gonzalez Atttorney In Fact
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Clean Cut Landscape Page B-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of�6Qe ;Yt� of)ss. /
On - i 16 2016 before me, t, U; k4r �
Notary Public, personally appeared Lai 1Mrhn&.A J
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.
MAI LEE VANG
WITNESS my hand and official seal.i`" C No"P #2006296
{/ hWft
FRESROCOUNTV
t 6 ✓ _ Conan. . FEB. 3, 2011
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
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 histher/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Clean Cut Landscape Page B-3
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California )
ss
County of Fresno )
Onr'� 'C ZC%C�before me, Lyn Genito, Notary Public, personally appeared Bonnie Gonzalez
who proved to me on the basis of satisfactory evidence to be the person(s4 whose
nameW is/are subscribed to the within instrument and acknowledged to me that be/she/Ebey
executed the same in his/her/their authorized capacity{ies}, and that by bis/her/their
signatures} on the instrument the personal, 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.
LYN 6E""'
Commission # 2094223
Notary Public - California z
Fresno County
Comm. E €res Jan 96, 2019 J
ignature: '
(Seal) Lyn Genito, No ary'Ijblic
THE The Guarantee Company of North America USA
GUARANTEM POWER F ATTORNEY Southfield, Michigan
KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the
laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint
Steven P. Edwards, Cody Lyman, Lyn Genito, Bonnie Gonzalez
Alliant Insurance Services, Inc.
its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract
or otherwise.
The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA
USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the
principal office.
The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws
adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31� day of December, 2003,
The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority:
To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and
To revoke, at any time, any such Attorney-in-fact and revoke the authority given, except as provided below
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of
Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety
company of any of its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to
the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner —
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting
duly called and held on the 6th day of December 2011, of which the following is a true excerpt:
RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification
thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and
such signature and seal when so used shall have the same force and effect as though manually affixed,
U,Pen"TFeco& IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and
W its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012.
THE GUARANTEE COMPANY OF NORTH AMERICA USA
��NgMEPf'P
k ' - c 'eq, v .
STATE OF MICHIGAN Stephen C. Ruschak, Sr. Vice President, COO Randall Musselman, Secretary
County of Oakland
On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me
duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said
instrument is the Corporate Seal of said Company; that the Corporate Seal. and each signature were duly affixed by order of the Board of Directors of
Cynthia A. Takai
Notary Public, State of Michigan
yr -n
County of Oakland
My Commission Expires February 27, 2098
Acting in Oakland County
IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee
Company of North America USA offices the day and year above written.
exAlbt� a. Tom.
I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect.
o MTee�oq IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 1, day of
0
ooaM"M`"�P Randall Musselman, Secretary .
EXHIBIT C
INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Contract, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's
Liability Insurance with limits of at least one million dollars ($1,000,000)
each employee for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with California law for all of
the subcontractor's employees. The insurer issuing the Workers'
Compensation insurance shall amend its policy by endorsement to waive
all rights of subrogation against City, its elected or appointed officers,
agents, officials, employees and volunteers. Contractor shall submit to
City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its elected or appointed officers, agents,
officials, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate and two
million dollars ($2,000,000) completed operations aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
Clean Cut Landscape 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.
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 Contractors insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation or nonrenewal of coverage (except for
nonpayment for which ten (10) calendar days notice is required) for each
required coverage except Builders Risk Insurance, which shall contain an
endorsement with said required notices.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. All of the executed
Clean Cut Landscape Page C-2
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
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
Clean Cut Landscape Page C-3
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.
J. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Work under this
or any other Contract or agreement with City. Contractor shall provide
proof that policies of insurance required herein expiring during the term of
this Contract have been renewed or replaced with other policies providing
at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. A coverage binder or letter from
Contractor's insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be
provided to City with five (5) calendar days of the expiration of the
coverages.
Clean Cut Landscape Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
This checklist is comprised of requirements as outlined by the City of Newport Beach.*
Date Received: 4/16/15 Dept./Contact Received From: Raymund
Date Completed: 4/16/15 Sent to: Raymund By: Chris/ Alicia
Company/Person required to have certificate: Clean Cut Landscape
Type of contract: Public Works
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/13/15 to 1/13/16
A.
INSURANCE COMPANY: Hartford Insurance Company
B.
AM BEST RATING (A-: VII or greater): A; XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $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)
N 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)
Z Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
Z Yes ❑ No
1.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
Z 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
1I. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/13/15 to 1/13/16
A.
INSURANCE COMPANY: American Fire and Casualty Company
B.
AM BEST RATING (A-: VII or greater) A; XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
IM+ 10 M Umbrella
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
in. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 7/1/14 to 7/1/15
A.
INSURANCE COMPANY: Cypress Insurance Company
B.
AM BEST RATING (A-: VII or greater): A++; XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
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:
4/16/15
Agent of Aliiant Insurance Services Date
Broker of record for the City of Newport Beach
I ` ■ ■
/1 ■ ■
(►�=■"
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 Date
* Subject to the terms of the contract.
•", TMU.t
••t
Line Items shall be submitted via Planet8ids.
M1
City of Newport Beach Page 1
Corona Del Mar Pocket Park (C-6042), bidding on March 3, 2015 10:00 AM (Pacific) Printed 04/16/2015
Bid Results
Bidder Details
Vendor Name Clean Cut Landscape
Address 8406 N Armstrong Ave
Clovis, CA 93619
United States
Respondee Scott Harrison
Respondee Title Division Manager
Phone 909-653-5111 Ext.
Email scott@cleancutland.com
Vendor Type
Bid Detail
Bid Format Electronic
Submitted March 3, 2015 8:16:13 AM (Pacific)
Delivery Method
Bid Responsive Yes
Bid Status Submitted
Confirmation # 51649
Ranking 0
Respondee Comment
Buyer Comment
Attachments
File Title
File Name
File Type
BID
CORONA DEL MAR BID.pdf
BID SUBMITTAL PACKET
BID BOND
CORONA DEL MAR BID BOND.pdf
Bid Bond
Line Items
Type Item Code
UOM city
Unit Price
Line Total Comment
Section 1
1 Mobilization
Lump Sum 1
$2,800.00
$2,800.00
2 Traffic Control
Lump Sum 1
$2,500.00
$2,500.00
3 Surveying Services
Lump Sum 1
$3,105.00
$3,105.00
4 Clearing and Grubbing, Grading and Export
Lump Sum 1
$4,177.00
$4,177.00
5 Construct Cotten Steel Edging
Lump Sum 1
$1,346.00
$1,346.00
PianetBids. Inc.
City of Newport Beach
Page 1
Corona Del Mar Pocket Park (C-6042), bidding on March 3,
2015 40:00 AM (Pacific)
Printed 04116/2015
Bid Results
Bidder Details
Vendor Name Clean Cut Landscape
Address 8406 N Armstrong Ave
Clovis, CA 93619
United States
Respondee Scott Harrison
Respondee Title Division Manager
Phone 909-653-5111 Ext.
Email scott@cleancutland.com
Vendor Type
Bid Detail
Bid Format Electronic
Submitted March 3, 2015 8:16:13 AM (Pacific)
Delivery Method
Bid Responsive Yes
Bid Status Submitted
Confirmation # 51649
Ranking 0
Respondee Comment
Buyer Comment
Attachments
File Title
File Name
File Type
BID
CORONA DEL MAR BID.pdf
BID SUBMITTAL PACKET
BID BOND
CORONA DEL MAR BID BOND.pdf
Bid Bond
Line Items
Type Item Code
UOM City
Unit Price
Line Total Comment
Section 1
1 Mobilization
Lump Sum 1
$2,800.00
$2,800.00
2 Traffic Control
Lump Sum 1
$2,500.00
$2,500.00
3 Surveying Services
Lump Sum 1
$3,105.00
$3,105.00
4 Clearing and Grubbing, Grading and Export
Lump Sum 1
$4,177.00
$4,177.00
5 Construct Corten Steel Edging
Lump Sum 1
$1,346.00
$1,346.00
Planetoids, Inc.
City of Newport Beach
Page 1
Corona
Del Mar Pocket Park (C-6042), bidding on March 3, 2015 10:00 AM (Pacific)
Printed 02,09,12015
Line Items
Type
Item Code
UOM
Qty
Unit Price Ref
Section 1
1
Mobilization
Lump Sum
1
�q
bf 0, (Q�
LI
2
Traffic Control
Lump Sum
1
3
Surveying Services
Lump Sum
1
j { os
7
4
Clearing and Grubbing, Grading and Export
Lump Sum
1�
n Ci
5
Construct Corten Steel Edging
Lump Sum
i
L4
t
6
Construct CMU Block Retaining Wali
Lump Sum
1
l.G'kJ ^ o o
7
Construct Concrete Accent Paving
1 3`7
Sq. Ft.
270
9 j
8
Construct Concrete Sidewalk
Sq, FL
40
,
9
Construct Stablized and Decomposed Granite Paving
Sq, FL
400
A
€�L
10
Furnish and Install Benches
Each
5
; l
d .f
11
Furnish and Install Trash Receptacle
Each
1�
(,
12
Jack and Bore 4 -Inch PVC Sleeve
Lump Sum
1
—p -
3f
13
Install Drainage System
Lump Sum
1
t�{ '
t dd
14
Install Electrical Improvements
U..
�wr w
�
Lump Sum
1
(✓r� +
9
City of Newport Beach
Corona Del Mar Pocket Park (66042), bidding on March 3, 2015 10:00 AM (Pacific)
Line Items
Type Item Code
15 install Irrigation Improvements
16 Install Landscape Improvements
17 Provide As -built Plans
Page 2
Printed 02/09/2015
DOM
Qty Unit Price Ref
Lump Sum
1 c„(3 ,. ,,. , Gp 0
Lump Sum
t
Lump Sum
i 51,000.00
F91.gW$WJ[�7 71"119-JAS(+ilAa
INDEX
FOR
SPECIAL PROVISIONS
CORONA DEL MAR POCKET PARK
CONTRACT NO. 6042
PART 1 - GENERAL PROVISIONS
SECTION 2 - SCOPE AND CONTROL OF THE WORK
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
7-8 WORK SITE 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
7-10.4 Safety
7-10.4.1 Safety Orders
1
1
1
1
1
2
2
2
2
2
2
3
3
3
3
3
3
3
4
4
4
4
4
4
5
5
5
6
6
6
6
6
7
7
7
7
7
8
8
7-10.6 Notices to Residents
7-15 CONTRACTOR'S LICENSES
7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS
SECTION 9 - MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.1 General
9-3.2 Partial and Final Payment.
PART 2 - CONSTRUCTION MATERIALS
SECTION 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
201-2 REINFORCEMENT FOR CONCRETE
201-2.2 Steel Reinforcement
201-2.2.1 Reinforcing Steel
PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.3 Removal and Disposal of Materials
300-1.3.1 General
300-1.5 Solid Waste Diversion
SECTION 308 - LANDSCAPE AND IRRIGATION INSTALLATION
308-1 General
r
10
10
10
12
13
13
13
13
13
13
13
13
13
13
13
13
13
14
14
14
I :10161H
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Plans (Drawing No. P-5230-5); (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:
W., alsomma-mve
SECTION 2 - SCOPE AND CONTROL OF THE WORK
Wrl TOT -1 r.4763 U4 MSG_
Add to this section, "The work necessary for the completion of this contract consists of
mobilization, traffic control, construction notifications, site grading, construction of steel
and masonry retaining walls, site furnishings, lighting, landscaping and irrigation, and
all other incidental items of work necessary to complete the work in place ."
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
Page 1 of 14
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 Coast Surveying, Inc. and can be contacted at (714)
918-6266. 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
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.
Page 2 of 14
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 3`d 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."
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.
Page 3 of 14
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.
6-7 TIME OF COMPLETION
6-7.1 General
Add to this section: The Contractor shall complete all work under the Contract within 70
consecutive working days after the date on the Notice to Proceed. The weed control
period which is approximately 30 calendar days is included within the specified time of
completion. The 90 -day landscape establishment and maintenance phase is not
included in the contract time.
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.
Page 4 of 14
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 24t , (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 AM to 4:30 PM, Monday through Friday. To
minimize public inconvenience, the bore and jack operation across westbound Coast
Highway, including potholing, shall be completed during night working hours which are
limited to 7:00 PM to 10:00 PM, Monday through Thursday.
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 PM to 6:30
PM on weekdays or 8:00 AM to 6:00 PM 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.
. ' O11I197 II491971Ji►_CC]
Revise sentence three to read: "For each consecutive calendar day after the time
specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the
City or have withheld from moneys due it, the daily sum of $500.00."
Revise paragraph two, sentence one, to read: "Execution of the Contract shall
constitute agreement by the Agency and Contractor that the above liquidated damages
per day is the minimum value of the costs and actual damage caused by the failure of
the Contractor to complete the Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
Page 5 of 14
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 establishment
and 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.
7-8 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. It is the Contractor's responsibility to obtain an area for the storage of
equipment and materials. The Contractor shall obtain the Engineer's approval of a
site for storage of equipment and materials prior to arranging for or delivering
equipment and materials to the site. Prior to move -in, the Contractor shall take photos
of the laydown area. The Contractor shall restore the laydown area to its pre -
construction condition. The Engineer may require new base and pavement if the
pavement condition has been compromised during construction.
7-8.6 Water Pollution Control
Add to this section: Surface runoff water, including all water used during sawcutting
operations, containing mud, silt or other deleterious material due to the construction of
this project shall be treated by filtration or retention in settling basin(s) sufficient to
prevent such material from migrating into any catch basin, Newport Harbor, the beach,
or the ocean. The Contractor shall also comply with the Construction Runoff Guidance
Manual which is available for review at the Public Works Department or can be found
on the City's website at www.newportbeachca.gov/publicworks and clicking on permits,
then selecting the link Construction Runoff Guidance Manual. Additional information
can be found at www.cleanwaternewport.com.
7-8.6.2 Best Management Practices (BMPs)
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
VIE lIMENfin-1 .1F:7'iNKTO =-
Add to this section: The Contractor shall provide traffic control and access in
accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic
Control Handbook (WATCH), also published by Building News, Inc.
Pedestrian access to all storefronts, offices, residences, etc., within the limits of work
must be maintained at all times. The Contractor shall cooperate with the Engineer to
provide advance notice to any and all establishments whose access will be impacted by
construction operations, particularly sidewalk construction. The Contractor shall furnish
and install signage, barricades, delineators, yellow safety ribbon, and any other
measures deemed necessary by the Engineer to safely direct the public around areas
of construction, and into (and out of) the affected establishments.
Page 7 of 14
7-10.3 Street Closures, Detours and Barricades
Add to this section: 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.
At a minimum, the Contractor shall maintain two lanes of traffic in each
direction when completing their work during normal working hours. During
night working hours, the Contractor shall maintain a minimum of one lane of
traffic in each direction.
5. 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
closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at
the closest crosswalk or controlled intersection.
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
Page 8 of 14
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
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" contractor's 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
Page 9 of 14
bill is submitted. Any changes to the approved plans that have been made with
approval from the Engineer shall be documented on the "As -Built' drawings.
The "As -Built' shall be submitted and approved by the Engineer prior to final payment
or release of any bonds.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material."
SECTION 9 - MEASUREMENT AND PAYMENT
9-3 PAYMENT
9-3.1 General
Revise paragraph two to read: The unit and lump sum prices bid for each item of work
shown on the proposal shall include full compensation for furnishing the labor,
materials, tools, and equipment and doing all the work, including restoring all existing
improvements, to complete the item of work in place and no other compensation will be
allowed thereafter. Payment for incidental items of work not separately listed shall be
included in the prices shown for the other related items of work. The following items of
work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization: Work under this item shall include providing bonds,
insurance and financing, preparing the BMP Plan, preparing and updating a
construction schedule, and all other related work as required by the Contract
Documents. It shall also include work to demobilize from the project site including but
not limited to site cleanup, removal of USA markings and providing any required
documentation as noted in these Special Provisions.
Item No. 2 Traffic Control: Work under this item shall include delivering all required
notifications and temporary parking permits, post signs, cover conflicting signs and all
costs incurred notifying residents. In addition, this item includes, if required, 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 surveying,
construction staking, centerline ties, survey monument adjustment, 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.
Page 10 of 14
Item No. 4 Clearing and Grubbing, Grading and Export: Work under this item shall
include, but not limited to, all labor, tools, equipment, and material costs for removing
and disposing existing plant material, removing and exporting the top six inches of on-
site soil, grading, excavating, removing and exporting all excess soil as required to
complete all improvements shown on the construction plans, removing and disposing
tree stump, electrical fixtures and conduits, capping existing water line, general rough
grading, and all other work items as required to complete the work in place. Disposal of
all removed and excavated material shall also be included in this bid item.
Item No. 5 Construct Corten Steel Edging: Work under this item shall include, but
not limited to, all labor, tools, equipment, and material costs for furnishing, welding,
grinding, installing, backfilling, compacting, and all other work as required to complete
variable height corten steel edging in place.
Item No. 6 Construct CMU Block Retaining Wall: Work under this item shall include,
but not limited to, all labor, tools, equipment, and material costs for furnishing and
installing variable height CMU block retaining wall, including concrete footing, steel
reinforcement, waterproofing and all other work as required to complete the work in
place.
Item No. 7 Construct Concrete Accent Paving: Work under this item shall include,
but not limited to, all labor, tools, equipment, and material costs for furnishing and
installing concrete accent paving, including subbase preparation, steel reinforcement,
seeding, sealing, sawcutting joints and all other work items as required to complete the
work in place.
Item No. 8 Construct Concrete Sidewalk: Work under this item shall include
sawcutting, removing and disposing of the existing sidewalk, subgrade compaction,
constructing the 4-inch thick concrete sidewalk, and all other work items as required to
complete the work in place.
Item No. 9 Construct Stabilized Decomposed Granite Paving: Work under this item
shall include, but not limited to, all labor, tools, equipment, and material costs for
subgrade compaction, furnishing and installing the stabilized decomposed granite, and
all other work items as required to complete the work in place.
Item No. 10 Furnish and Install Benches: Work under this item shall include, but not
limited to, all labor, tools, equipment, and material costs for furnishing and installing
benches, constructing concrete footings with steel reinforcement and pads and all other
work items as required to complete the work in place.
Item No. 11 Funrnish and Install Trash Receptacle: Work under this item shall
include, but not limited to, all labor, tools, equipment, and material costs for furnishing
and installing trash receptacle, constructing concrete pad, mounting hardware and all
other work items as required to complete the work in place.
Page 11 of 14
Item No. 12 Jack & Bore 4 -inch PVC Sleeve: Work under this item shall include, but
not limited to, all labor, tools, equipment, and material for potholing existing utilities,
excavating pit, jacking and boring Schedule 40 4 -inch PVC sleeve, backfilling, restoring
all existing improvements to its pre-existing condition, and all other work items as
required to complete the work in place.
Item No. 13 Install Drainage System: Work under this item shall include, but not
limited to, all labor, tools, equipment, and material costs for furnishing and installing
drain lines and catch basins, subdrains, constructing curb core to street connection,
restoring all existing improvements damaged by the work, and all other work items as
required to complete the work in place.
Item No. 14 Install Electrical Improvements: Work under this item shall include, but
not limited to, all labor, tools, equipment, and material costs for furnishing and installing
electrical conduits and wires, junction boxes, light fixtures including footings, connecting
to the existing electrical service, and all other electrical improvements as shown in the
contract drawings and as required to complete the work in place.
Item No. 15 Install Irrigation Improvements: Work under this item shall include, but
not limited to, all labor, tools, equipment, and material costs for furnishing and installing
remote control valves, irrigation mainlines, quick coupling valve, ball valves, drip lines,
laterals and sleeves, and all other irrigation improvements as shown in the contract
drawings and as required to complete the work in place.
Item No. 16 Install Landscape Improvements: Work under this item shall include,
but not limited to, all labor, tools, equipment, and material costs for furnishing and
installing all plants as shown in the contract drawings, mulch, soil amendments,
agronomic testing, soil amendments, tilling, and all other landscape improvements as
shown in the contract drawings and as required to complete the work in place. The 90 -
day landscape establishment and maintenance phase is also included with this bid
item.
Item No. 17 Provide As -Built Plans: Work under this item shall include all actions
necessary to provide as -built drawings. These drawings must be kept up to date and
submitted to the Engineer for review prior to request for payment. An amount of $1,000
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."
Page 12 of 14
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.
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.
Page 13 of 14
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."
Add the following Section 301.5 Solid Waste Diversion
300-1.5 Solid Waste Diversion
Non -reinforced concrete and asphalt wastes generated from the job site shall be
disposed of at a facility that crushes such materials for reuse. Excess soil and other
recyclable solid wastes shall not be disposed of at a sanitary landfill.
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 308 - LANDSCAPE AND IRRIGATION INSTALLATION
308-1 General
Add to this section: The Contractor is responsible for clearing and grubbing, pruning and
removing tree roots that interfere with the work. The Contractor shall be responsible for
ensuring that no tree roots are pruned or cut that could compromise the stability of the
tree. The Contractor shall also adhere to the following Technical Specifications:
1. Section 02810 — Landscape Irrigation
2. Section 02900 — Landscape Planting
3. Section 02970 — Landscape Establishment and Maintenance
Page 14 of 14
City of Newport Beach
Contract No. 6042
TECHNICAL SPECIFICATIONS
SECTION 02515
Site Concrete Work
PART 1 - GENERAL
0.01 SUMMARY
A. The requirements of this Technical Specification section supplement
Sections 201, 303, 304 and 306 of the "Greenbook" Standard
Specifications for Public Works Construction.
1.02 QUALITY ASSURANCE
A. Workman Qualifications:
1. Installation to be performed by workmen with not less than 3 years
experience certified to install IntecreteMconcrete systems. Foremen
with not less than 5 years experience, properly executing all concrete
forms and finishes specified on the drawings and/or contained within
the City furnished samples for this project.
2. Maintain a foreman or supervisor on site who is fluent in English and
satisfactory to City. Supervisor shall be present during all phases of
installation and finishing. On-site supervisor shall have qualified as ACI
Certified Concrete Flatwork Technician.
1.03 PRE -INSTALLATION CONFERENCE
A. At least two weeks prior to the scheduled commencement of installing finish
work, conduct a 'Pre -job Conference' with the City at the Project site. This
meeting shall include all parties responsible for installing, pumping, finishing,
scheduling and testing of the work performed under this Section. Record
discussions of conference including all decisions, directions and agreements
reached. Furnish copies of record to all parties in attendance.
B. Review methods and procedures related to the work of this Section,
including, but not necessarily limited to the following:
1. Required submittals and procedures.
2. Required details and finishes.
3. Scheduling and sequencing of work.
4. Coordination with other trades and site conditions.
5. Forecasted weather and procedures for coping with unfavorable
conditions.
6. Waste disposal.
7. Required testing, inspections, reviews and procedures for approvals.
1.04 SUBMITTALS
TS -1 of 43
A. Product data:
1. Provide a list of all products and materials intended for use in the work.
B. Mix Design:
1. For City's approval, provide concrete suppliers formulations for
concrete mix, certified by an independent technical agency and
stamped by a licensed engineer. All required quantities of materials to
be expressed in ratio per cubic yard of concrete.
2. Statement of mix design shall include:
a. City, project name and project location.
b. Date of report.
c. Name and address of batch plant.
d. Mix design number.
e. Type, size and quantity of course and fine aggregates.
f. Type, brand and quantity of hydraulic cement.
a. Water/Cement Ratio.
h. Density.
I. Average compressive strength.
j. PSI strength at 28 days.
k. Method of testing used.
I. Type, quantity and manufacturer of admixtures.
m. Type, quantity, manufacturer and specific name of integral color
additive.
C. Mock-up Samples:
1. Mock-up Conference:
a. Provide representative (2) 2'x2' sample(s) of specified concrete to
City, a minimum 2 weeks prior to construction.
PART 2 -PRODUCTS
2.03 READY MIX CONCRETE
A. Materials: To ensure consistency of color and finish, a single source and supplier
of cement and aggregates shall be maintained for each paving type throughout
the duration of the project.
1. Cement: Conforming to ASTM C 150, Type I, II, V Portland.
2. Fly ash: Per ASTM C 618, Class F, with low carbon content and low loss
on ignition, 3 percent or less. Note: Fly ash is not acceptable for use in
integrally colored concrete mixes for this Work.
3. Fine and Coarse aggregates: Per ASTM C 33, consisting of washed
natural sand and hard, fine grained crushed rock.
4. Water: Clean, potable water, conforming to ASTM C 1602.
B. Batching:
1. Measure, batch, mix and deliver concrete in accordance with ASTM C 94,
from plants certified under the NRMCA Certification of Ready Mix
Concrete Production Facilities.
2. Use only mix designs approved by City.
TS -2 of 43
3. Deliver and discharge concrete from the truck within 1-1/2 hours after the
introduction of water to the mix or within 300 revolutions of the drum.
Concrete delivered to the site after this time shall be considered deficient
and subject to rejection by City.
4. Do not add water to concrete during delivery or placement. To attain
specified slump, additional water may be added to concrete at the project
site before placement, provided that amount of water will not exceed total
amount allowed on the delivery ticket.
5. Water to cement ratio shall be .55-.63 and not below 0.50.
6. Concrete strength shall be minimum 3250 PSI at 28 days.
7. Design slumps:
a. Slabs on grade up to 8 in thick: 5 inches +/-1 in.
2.04 ADMIXTURES
A. Chemical admixtures conforming to ASTM C 494 / C 494M, Type A and
G.
B. Provide approved water reducers, super -plasticizers and retarders as
conditions require.
C. Selected admixtures shall not reduce the specified concrete strength,
cause corrosion of embedded steel, create excessive shrinkage (10
percent or greater) or negatively affect the concrete color or finish.
D. Do not use products which contain calcium chloride, triethanolamine,
thiocyanates or will result in soluble chloride ions in excess of 0.1 percent
by weight of cement.
E. Approved admixture manufacturers:
1. Euclid Chemical Co.
2. Master Builders, Inc.
3. Sika Chemical Co.
4. W.R.Grace & Co.
5. BASF
6. Artisans Materials
F. Provide water reducing and shrinkage reducing admixtures to all concrete
intended for flatwork as follows:
1. Water Reducer: WRDA-64 water reducing admixture,
manufactured by Grace Construction Products, (877) 423-
6491.
2. Shrinkage Reducer: Eclipse Floor shrinkage reducing
admixture, manufactured by Grace Construction Products,
(877)423-6491.
G. Integral Color Additives:
1. Synthetic mineral oxide pigments conforming to ASTM C 979.
2. Provide specific colors and manufacturer of pigments as indicated
on the Drawings.
3. Proportion of color admixture in concrete is to be determined by the
manufacturer to provide full color or to match City's samples.
TS -3 of 43
4. Mix and consolidate color admixtures per manufacturer's
recommendations.
a. Specified Color: Refer to Drawings
H. Synthetic Fibers:
1. Polypropylene: 100 percent virgin multifilament polypropylene
fibers of maximum 3 denier, 1/2 inch long, ASTM C 1116, Type III.
2. Propex Fibermesh, formerly Stealth: by Fibermesh, (423) 892-
8080.
3. Grace MicroFiber: by Grace Construction Products, (877) 423-
6491.
4. Provide %2 - 1.5 Ib of fibers per cubic yard of concrete.
IntecreteTm Admixtures
1. IntecreteTM Protect LN
2.06 ACCESSORIES & DECORATIVE AGGREGATES
A. Decorative Aggregates — Shell, Glass Chip, Stone Chips, etc.
1. Topically seeded or integrally mixed
a. Artisans Materials — (714) 363-4210
b. Heritage Glass
C. United Terrazzo Supply
B. Surface Retarder:
1. Topically applied product to retard the setting of finished concrete
surfaces to enable a controlled exposed aggregate finish.
a. Top Cast, manufactured by W.R. Grace & Co.
b. Flatwork Finish, Artisans Materials (714) 363-4210
C. Rincon
C. Curing Compounds:
1. Liquid, membrane -forming, curing and evaporation reducer
(resin -based dissipating type) as required to facilitate proper
curing and hardening of finished concrete surfaces.
2. Curing compound shall not discolor or stain the concrete and
shall be compatible for use with the selected concrete sealer.
D. Curing Covers:
1. UltraCure or HydraCure Covers, as manufactured by PNA
Technologies, (800) 542-0241.
2. Skudo US — Cure Mat
E. Protection Paper/Compounds:
1. Seekure 892, reinforced and laminated protection paper,
manufactured by Fortifiber.
2. Orange Label Sisalkraft, reinforced and laminated protection
paper, manufactured by Fortifiber.
3. Skudo US — Cure Mat, LT, MT, HT, XT
F. Joint Sealant:
1. Single or multi-component, self -leveling polyurethane sealant conforming
to ASTM C920, Type S or M, Grade P, Class 25, with an average shore
hardness of 30 or more (in accordance with ASTM C661), for horizontal,
TS -4 of 43
traffic bearing applications. City reserves the right to select from
manufacturer's expanded or extended color systems or custom colors as
desired to coordinate with paving colors. In the event that no specific
manufacturer has been specified, use one of the following City approved
sources; 1) Dynatrol II or Dynatred, by Pecora Corp. 2) Dymeric 511, by
Tremco. 3) Sikaflex 2C N, by Sika Corp. 4) Sonolastic NP 2, by
Sonneborn Building Products (BASF Building Products).
2. Warrant sealants and caulking against faulty workmanship and defective
materials for a period of 5 years from date of Substantial Completion.
3. Compressible Backing:
a. Backer Rod: Closed cell neoprene, polypropylene or other
resilient material compatible with recommendations of sealant
manufacturer.
G. Densifiers: Applied Concrete Technology, Inc. Project Specified.
H. Sealers:
Apply sealers to all concrete paving on the drawings. In the event that no
specific manufacturer has been specified, use one of the following City
approved sources. All sealants much be tested for compatibility or
reactivity to aggregates.
a. Low -sheen application requirements, penetrating type: 1)
Protecrete Repeller, by Applied Concrete Technology, Inc.,
(800) 228-6694. 2) Repelo, by L. M. Scofield Company., (800)
800-9900.
10109 KW*4011 A1101►I
3.01 SUBGRADE AND COMPACTION
A. Ensure sub -grade soil is compacted to required specifications and set to proper
grades.
B. Sub -grade is to be free of all soft, compressible or expansive soils. Remove any
exposed rocks and all loose soil or debris.
C. Lightly moistened sub -grade with an even spray, just prior to placing concrete, to
control any initial rapid loss of moisture from the slab. Concrete shall not be
placed if sub -grade is overly saturated.
3.02 FORMWORK
A. Set forms to meet alignment, shape, dimensions and grades as shown on
Drawings.
B. Straight lines are to be set true, plumb and with limited deviation. Radii shall be
formed concentric and smoothly transition to all adjoining straight segments.
C. Forms shall be of sufficient thickness to ensure they will not deform when
loaded. Hold forms rigidly in-place with sufficient amount of stakes, clamps,
spreaders and braces to ensure formwork will not move or deflect when
loaded.
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3.03 REINFORCEMENT
A. Place steel reinforcement as indicated on drawings. Interrupt reinforcement at all
construction joints.
B. Set and secure reinforcement grid on sufficient quantity of spacers to ensure
steel remains in proper placement during concrete pour.
C. Place 2 -piece dowel sleeves on formwork as required. Ensure sleeves remain in
alignment with slab during concrete placement.
3.04 PLACEMENT
A. Place concrete in accordance with ACI 304R.
B. Place concrete no faster than it can be properly finished with due regard to
weather, concrete temperature and the size and abilities of the finishing crew.
C. Place concrete in forms no later than 1-1 /2 hours after water was first added to
the batch. During hot weather, 90 degrees F or greater, placement time shall
be reduced to a maximum of (1) hour. Any concrete placement made past
these durations may be rejected and replaced at City's discretion.
1. Placement and Finishing:
a. Place concrete continuously and in one direction within the
formwork.
b. Screed or strike -off surface to provide slab at required grades.
c. Prior to the accumulation of any bleed water, bullfloat or darby to
level and smooth the surface.
d. After all bleed water has been evaporated, tool all required joints
and edges, hand float and finish as needed.
3.05 FINISH TOLERANCES
A. Slab thickness shall not vary by more than +3/8" or -1/4".
B. Finished paving surfaces shall not exceed intended elevations by more than
3/8". However no paving may exceed minimum ADA slope and cross -slope
requirements for paving and ramps.
C. Finish concrete paving surfaces to achieve the following tolerances when
measured in accordance with ASTM E 1155.
1. Hard troweled finish surfaces: FF25/FL20.
2. Float and broom finished surfaces: FF20/FL20.
D. Top of cast surfaces such as curbs and walls shall not exceed intended
elevations by more than 1/4" in 10 feet linear feet.
E. Horizontal alignment of cast faces and edges shall not vary by more than 1/2" in
10 linear feet.
3.06 FINISHES AND TEXTURES
A. Provide all finishes and textures as noted on the Drawings and Paving Schedule
or match approved City's samples when available. In the event no City furnished
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sample is provided for a specified finish, the following descriptions are provided
for reference:
1. Colored Aggregate / Shell Toppings
a. Provide seeded aggregates / shells, and textures as indicated on
Drawings or match City's approved samples. Install by a contractor
licensed to use specific aggregate toppings when required by
manufacturer of product specified for use.
b. Placement:
1. Surface broadcast materials at rates and coverage required
per the manufacturer's recommendations and to match
City's samples.
2. Apply material when concrete slab has set to a point that
seeded aggregate will not sink into concrete and prior to the
concrete surface becoming too stiff to work the aggregates
into the surface.
3. Material shall be applied by hand and dropped vertically at a
90 deg. angle to the surface from a distance of 18 to 24
inches.
4. Float the seeded materials after each application. Trowel the
finish surface after the final application to flat, dense and
uniform finish.
5. Integrally mixed aggregates will be weighed and placed to
match City's sample.
3.07 JOINTING
A. Place joints in concrete work as indicated on Drawings, per approved shop
drawings and as directed in the field by City.
B. Verify specific types and layout of all joints with City prior to placing concrete.
Although layout depends on specific shape and size of areas, do not space
control joints more than 12 ft. on center in a square pattern.
C. Accurately lay out areas and make all joints straight and true, with clearly defined
angles, unless directed otherwise by City.
D. Provide isolation joints, with expansion material and joint sealing compound, at
all vertical surfaces and adjoining construction, to the full depth of the slab.
E. Saw -cut Joints:
1. Make saw -cut control joints in concrete no later than 12 hours after
finishing or as soon as concrete is strong enough to not be damaged by
the blade or weight of the machine.
2. Carefully check condition of concrete before commencing saw -cutting to
ensure that the saw will not fret, ravel, spall edges of cuts or dislodge
aggregate. Use saw -cutting equipment appropriate for hardness of the
concrete.
3. Depth of saw -cuts shall be no less than 1/4 of the installed slab thickness.
Do not cut through steel bar reinforcing. Saw -cuts to be 1/8 in. wide
unless otherwise noted on Drawings.
F. Hand -tooled Joints:
TS -7 of 43
1. Make all hand -tooled control joints with a brass V-shaped grooving tool
with 1/4 in. rounded edges and a keel of 1-1/2 inches in depth.
G. Expansion Joints (isolation joints):
1. Provide foam or rigid joint filler material as required to the full depth of the
slab. Note: non -removable plastic joint strips will not be allowed for the
installation of any expansion or isolation joints.
2. Unless otherwise directed by City, provide a 1/4 in. radius, tooled edge,
for all expansion joints and paving edges.
3. Finish all expansion joints with elastomeric sealant.
3.08 CURING AND SEALING
A. All concrete shall be properly cured and sealed with approved methods and
materials as specified.
1. Commence curing of concrete immediately after finishing is completed.
Do not permit any traffic, debris or material storage on surfaces during
curing.
2. Alternating wet and dry surface conditions during curing is not permitted.
3. Do not apply sealers to concrete if air or surface temperature is below 50
degrees F or above 90 degrees F.
B. Natural Gray Concrete:
1. Cure standard gray flat work with liquid applied curing compound and
curing blankets or by water -curing method:
a. Curing Compound method: 1) Immediately after finishing concrete,
apply two separate and overlapping applications of curing compound
at opposing right angles.
2. Cover with approved curing blankets. Lap joints 12 in. and seal with a
water-resistant, pressure -sensitive tape. Seal perimeter edges and
penetrations to slab to prevent loss of moisture.
3. Maintain blankets in-place for a minimum of 14 days.
a. Water -curing method:
1. Maintain concrete surfaces continuously wet for 14 days by
applying a continuous fine spray of potable water.
2. Provide 2 days' open air drying time and apply approved surface
densifier per manufacturer's directions. Restrict vehicular and
pedestrian traffic after application until concrete has been properly
sealed.
C. Colored Concrete:
1. Cure colored concrete slabs by covering with approved curing
blankets and maintaining a thoroughly wet condition between the
concrete and cover for no less than 7 days.
a. Curing blankets are to be kept flat and unwrinkled against the
concrete surface.
b. Lap joints 12 inches and seal with a water-resistant, pressure -
sensitive tape. Seal perimeter edges and penetrations to slab
to prevent loss of moisture.
TS -8 of 43
2. Alternatively, Liquid curing compounds can be utilized based on
specific approval based on paving type; installed per manufacturer
recommendations.
3. Provide 2 days' open air drying time and apply approved surface
densifier per manufacturer's directions. Restrict vehicular and
pedestrian traffic after application until concrete has been properly
sealed.
4. Apply specified sealer 24 hours after application of surface
densifier.
a. Apply sealer per manufacturer's instructions.
b. Protect concrete from all pedestrian and vehicular traffic until
sealer has properly dried.
C. Re -install protection paper or other City -accepted material to
protect finished concrete from damage.
5. Apply specified sealer 24 hours after application of surface
densifier.
a. Apply sealer per manufacturer's instructions.
b. Protect concrete from all pedestrian and vehicular traffic until
sealer has properly dried.
3.09 JOINT SEALANT
A. Conform to ACI 504, ASTM C 1193 and sealant manufacturer's
recommendations.
1. Clean joints with wire brush and air blasting or vacuum. Insure that all dirt
and loose materials are thoroughly removed joints and surrounding area
prior to installing sealant.
2. Mask or otherwise protect adjacent surfaces from sealant materials.
3. Install foam backer rod to proper depth. Joint width -depth ratio shall
comply with sealant manufacturer's recommendations.
4. Install sealant material by pouring or gunning directly in joints. Neatly tool
to eliminate air pockets and voids and to provide a smooth finish.
5. Protect all joints from dirt, debris and all pedestrian and vehicular traffic
until it has been properly cured.
3.10 PROTECTION
A. Protect all concrete from pedestrian and vehicular traffic until it has had sufficient
time to properly cure.
B. Pedestrian traffic should be restricted from new concrete paving for the first five
days.
C. Vehicular traffic should be restricted from new concrete paving for a period of 28
days, or until paving has reached 95 percent of its specified design strength.
D. Concrete shall be protected from any incidental damage by all other construction
products and procedures which may be incurred during the duration of the
project. The extent of protection may vary depending on the duration and
potential for damage and is ultimately the Contractor's responsibility.
-END-
TS-9 of 43
SECTION 02810
LANDSCAPE IRRIGATION
PART 1 -GENERAL
1.01 SCOPE OF WORK:
A. Furnish all labor, materials, appliances, tools, equipment facilities,
transportation, and services necessary for and incidental to performing all
operations in connection with the installation of "Landscape Irrigation"
complete, as shown on the drawings and/or described herein.
B. Related work In other sections:
1. Landscape Planting
2. Landscape Establishment and Maintenance
1.02 QUALITY ASSURANCE AND REQUIREMENTS:
A. Permits and Fees:
1. The Contractor shall obtain and pay for any and all permits and all
inspections as required.
B. Manufacturer's Directions:
1. Manufacturer's directions and detailed drawings shall be followed in
all cases where the manufacturers of articles used in the contract
furnish directions covering points not shown in the drawings and
specifications.
C. Ordinances and Regulations:
1. All local, municipal and state laws and rules and regulations
governing or relating to any portion of this work are hereby
incorporated into and made a part of these specifications and their
provisions shall be carried out by the Contractor. Anything
contained in these specifications shall not be construed to conflict
with any of the above rules and regulations or requirements of the
same. However, when these specifications and drawings call for or
describe materials, workmanship, or construction of a better quality,
higher standard, or larger size than is required by the above rules
and regulations, the provisions of these specifications and
drawings shall take precedence.
D. Contractor Responsibilities:
TS -10 of 43
1. A qualified superintendent shall be present on the site at all times
during the progress of the work. The superintendent shall be fluent
in the English language.
2. The Contractor shall train each person in techniques for making
correct solvent and rubber gasket joints prior to their performing
work on the site.
3. The Contractor shall protect work and materials from damage
during construction and storage. Polyvinyl chloride, (PVC) pipe
and fittings shall be protected from dirt and sunlight.
4. The Contractor shall assume responsibility for damage to existing
construction and shall restore damaged property to the original
condition to the satisfaction of the City.
5. The Contractor shall handle plastic pipe and fittings carefully and
store undercover to avoid UV or other damage.
6. Immediately notify the City in case of discrepancies.
7. Do not proceed with installation in areas of discrepancy until all
such discrepancies have been resolved. If the Contractor provides
and installs material or performs work without resolving such
discrepancies, the Contractor shall be fully responsible for
removing, restocking and re -installation of such areas until all
discrepancies are resolved to the City's satisfaction.
E. Site Safety:
1. Erect and maintain barricades, warning signs, lights and/or guards
as necessary or required to protect all persons on the site.
F. Explanation of Drawings:
1. Due to the scale of drawings, it is not possible to indicate all
offsets, fittings, sleeves, etc. which may be required. The
Contractor shall carefully investigate the structural and finished
conditions affecting all of his work and plan his work accordingly,
furnishing such fittings, etc. as may be required to meet such
conditions. Drawings are essentially diagrammatic and indicative
of the work to be installed. The work shall be installed in such a
manner as to avoid conflicts between irrigation systems, planting,
and architectural features.
2. All work called for on the drawings by notes or details shall be
furnished and installed whether or not specifically mentioned in the
TS -11 of 43
specifications.
3. The Contractor shall not willfully install the irrigation system as
shown on the drawings when it is obvious in the field that
obstructions, grade differences or discrepancies exist that might
not have been considered in the irrigation design. Such
obstructions or differences should be brought to the attention of the
City Inspector. In the event this notification is not performed, the
irrigation contractor shall assume full responsibility for any revisions
necessary to correct these discrepancies.
1.03 SUBMITTALS:
A. Material List:
1. The Contractor shall furnish the articles, equipment, materials, or
processes specified by name in the drawings and specifications.
No substitutions shall be allowed without prior written approval the
City Inspector.
2. Submittals shall be provided within ten (10) working days from the
award of the contract. The complete material list shall be
submitted prior to the starting of any work. Catalog data and full
descriptive literature shall be submitted. Although equipment on
the plans may be different from the examples below, the following
is a guide for proper submittal format:
Item No Description ManufacturerModel Size(s)
1. Backflow Preventer Febco 860 2"
2. Pop-up Spray Head Rainbird 1806 NA
3. Material list must include all irrigation materials utilized on the
project including fittings, glue, primer, etc.
B. Substitutions:
1. The contractor may submit proposed substitutions for equipment
and materials listed on the irrigation plans in the following manner.
The landscape contractor shall submit to the City Inspector for
approval on a separate sheet of contractor's letterhead paper the
following:
a. A statement indicating the reason for making each individual
proposed substitution (s).
b. Provide descriptive catalog literature, performance charts
TS -12 of 43
and flow charts as required for each item the contractor
proposes to substitute, including the sales/manufacturer's
regional telephone number.
G. Provide the amount of cost savings or overage if the
proposed substitute item is approved.
2. Substituted equipment of materials installed or furnished without
prior approval of the City Inspector may be rejected and the
Contractor required to remove such materials from the site at his
own expense. The City shall have the sole discretion in accepting
or rejecting any proposed substitution.
3. No exception taken to any item, alternate or substitute indicates
only that the product apparently meets the requirements of the
drawings and specifications on the basis of the information or
samples submitted. All items must meet or exceed these
specifications.
4. Manufacturer's warranties shall not relieve the Contractor of his
liability under the guarantee. Such warranties shall only
supplement the guarantee.
5. Manufacturer's warranty is required on any product offered.
6. If, in the opinion of the City, the substitution proves to be
unsatisfactory, the Contractor shall remove such work and replace
it with the originally specified item at the Contractor's own cost.
C. Controller Charts:
1. Record drawings shall be evaluated by the Landscape Architect
and/or City Inspector before controller charts are prepared.
2. Provide two (2) controller charts for each controller, unless
otherwise directed by the City Inspector.
3. The chart shall show the area controlled by each automatic
controller and shall be sized ''/z" smaller than the controller door on
all sides.
4. The chart is to be a reduced drawing of the actual record drawings.
However, in the event the controller sequence is not legible when
the drawing is reduced, it shall be revised and made readable when
the final controller chart is completed.
5. The chart shall be at least a 30# presentation bond copy. A
TS -13 of 43
differing color shall be used to indicate each valve and the same
color used to identify the area of coverage for that valve.
6. When completed and approved, the chart shall be hermetically
sealed by a plastic lamination process. The plastic laminating
sheets shall each be a minimum of 20 mil. thick.
7. Controller charts shall be completed and approved prior to final
inspection of the irrigation system.
D. Operation and Maintenance Manuals:
1. Prepare and deliver to the City within ten calendar days prior to
completion of construction, hard -covered three rings binders
containing the following information:
a. Index sheet stating Contractor's name, address and
telephone number, list of equipment with name and
addresses of local manufacturer's representatives.
b. Catalog and parts sheets on every material and equipment
installed under this contract.
C. Guarantee statement
d. Complete operating and maintenance instructions on all
major pieces of equipment.
e. Equipment list providing the following for each item:
• Manufacturer's name
• Make and model number
• Name and address of local manufacturer's
representatives
• Spare parts list in detail
2. Provide two (2) manuals, unless otherwise directed by the City
Inspector.
E. Equipment to be furnished:
1. Supply as a part of this contract the following tools and equipment:
a. Two (2) sets of special tools required for removing,
disassembling and adjusting each type of valve installed
under this contract.
TS -14 of 43
b. Two (2) five foot valve keys for operation of ball valves
C. One (1) quick coupling valve key.
2. The above-mentioned equipment shall be turned over to the City at
the end of the Establishment and Maintenance Phase.
1.04 PRODUCT DELIVERY, STORAGE AND HANDLING:
A. Handling of PVC Pipe and Fittings:
The Contractor is cautioned to exercise care in handling, loading,
unloading, and storing of PVC pipe and fittings. All PVC pipe shall
be transported in a vehicle which allows the length of pipe to lie flat
so as not to subject it to undue bending or concentrated external
load at any point. Any section of pipe that has been dented or
damaged will be discarded and, if installed, shall be replaced with
new pipe.
1.05 GUARANTEE:
A. The guarantee for the irrigation system shall be made in accordance with
the attached form. The general conditions and supplementary conditions
of these specifications, if any, shall be filed with the City or his
representative prior to acceptance of the irrigation system.
B. A copy of the guarantee form shall be included in the Operations and
Maintenance Manual.
C. The beginning date of the one year guarantee shall be from the written
final acceptance date established by the City at the end of the Landscape
Establishment and Maintenance Phase. If no Landscape Establishment
and Maintenance Phase is included in the contract, the beginning date
shall be from the acceptance date established by the City at the end of
the Construction Phase.
D. The guarantee form shown below shall be re -typed onto the Contractor's
letterhead and contain the following information:
GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM
We hereby guarantee that the irrigation system we have furnished and installed is free
from defects in materials, equipment and workmanship, and the work has been
completed in accordance with the drawings and specifications. We agree to repair or
replace any defects in material equipment or workmanship which may develop during the
period of one year from the date of acceptance. We also guarantee to repair or replace
TS -15 of 43
any damage resulting from the defects, or the repairing or replacing of such defects at no
additional cost to the City . We shall make such repairs or replacements within a
reasonable time as determined by the City after receipt of written notice form the City. All
repair work shall be completed to the satisfaction of the City. In the event of our failure to
make such repairs or replacements within a reasonable time after receipt of written notice
from the City, we authorize the City to proceed to have said repairs or replacements
made at our expense. We will pay the costs and charges therefore upon demand. Any
temporary repairs made by others to keep the irrigation system operable, does not void or
relieve the Contractor of his responsibilities during the guarantee period.
PROJECT:
ADDRESS:
LOCATION:
SIGNED:
ACCEPTANCE:
SIGNED:
PHONE:
PART 2 — PRODUCTS
2.01 MATERIALS:
A. General:
Use only new materials of brands and types noted on the drawings,
specified herein, or approved equivalents.
B. PVC Pressure Main Line Pipe and Fittings:
Pressure main line piping shall be PVC Class 315 for all pipe 2"
and larger, and Schedule 40 for all pipes 1-1/2" and smaller with
solvent welded joints.
Pipe shall be made from NSF approved Type 1, Grade 1 PVC
compound conforming to ASTM resin specification D 1784 or D
2241. All pipe must meet requirements as set forth in Federal
Specification PS -21-70 (Solvent -Weld Pipe) and meet
requirements of Cell Classification 12454B. This compound shall
have a 2,000 -PSI hydrostatic design stress rating.
3. PVC solvent -weld fittings shall be Schedule 40, 1-2, 11-1 NSF
approved conforming to ASTM test procedure D 2466.
4. Solvent cement and primer for PVC solvent -weld pipe and fittings
shall be of the type and installation methods prescribed by the
manufacturer.
TS -16 of 43
5. All PVC pipe must bear the following markings:
a. Manufacturer's name
b. Nominal pipe size
c. Schedule or Class
d. Pressure rating in PSI
e. NSF (National Sanitation Foundation) approval
f. Date of extrusion
6. All fittings shall bear the manufacturer's name or trademark,
material designation, size, applicable IPS schedule and NSF seal
of approval. Fittings shall be standard weight Schedule 40,
injection molded of PVC fitting compound which meets current
ASTM D 1784-69 and requirements described in Cell Classification
134548. Threads required in plastic fittings shall be injection
molded. Tees and ells shall be side gated.
C. PVC Non -Pressure Lateral Line Pipe:
1. Non -Pressure buried lateral line pipe shall be PVC Schedule 40
with solvent -weld joints.
2. Pipe shall be made from NSF approved, Type 1, Grade II PVC
compound conforming to ASTM resin specification D1784. All pipe
must meet requirements set forth in Federal Specification PS -22-70
with an appropriate standard dimension ratio.
3. Except as noted in paragraphs 1 and 2 of this section, all
requirements for non -pressure lateral line pipe and fittings shall be
the same as that for solvent -weld pressure main line pipe and
fittings.
D. Threaded Nipples:
1. Threaded nipples shall be standard weight, schedule 80, grey, with
molded threads.
2. Assemble threaded fittings using teflon tape applied to male
threads only.
E. Joint Primer:
1. Type as recommended by manufacturer of pipe.
F. Joint Cement:
1. Solvent type as recommended by manufacturer.
G. Ball Valves:
TS -17 of 43
1. Shall be as specified on plans.
H. Quick Coupling Valves:
1. Quick coupling valves shall have a brass two-piece body designed
for working pressure of 150 PSI operable with quick coupler key.
Key size and type shall be as shown on plans.
2. Hinge cover shall be of heavy duty brass construction with a
durable high quality locking yellow, (potable) thermoplastic rubber
cover bonded to it in such a manner that it becomes a permanent -
type cover.
3. Locate valves within 12 inches of hardscape edge unless otherwise
noted on plans.
Electric Remote Control Valves:
1. Electric control valves shall be of the size and type shown on the
drawings.
2. Unless otherwise noted on plan or construction details, all electric
control valves shall have a manual flow adjustment.
3. Provide and install one control valve box for each electric control
valve.
4. Provide and install Christy tags with valve sequence for each valve.
J. Valve Boxes:
1. Ball Valves: Use 10" diameter x 10-1/4" round boxes, Carson
industries #910-12B with green bolt down cover or approved equal.
Extension sleeve shall be PVC -6" minimum size.
2. Electric Control Valves: Use 12"x17"xT deep rectangular boxes,
Carson Industries #1419A -12B with green bolt down cover or
approved equivalent.
3. Drip Assemblies: Use oversized boxes for drip irrigation system
assemblies to allow adequate room around component for
installation repair and replacement without disturbing the box.
Carson Industries #17308-P12B (20-1/2" x33 -1/2"x12" deep
rectangular box) with green ABS bolt -down lid or approved
equivalent.
4. Pull Boxes: Pull boxes shall be 10" top diameter, 13" bottom
diameter and 10-1/4" deep round box with lock bolt cover. Box
shall be green in color.
TS -18 of 43
5. Identification numbers shall be branded onto the box lids in 2 inch
high letters and numbers.
6. Vehicle traffic area boxes shall be concrete with cast-iron lid
designed for vehicle traffic use.
K. Control Wiring:
1. Connections between the automatic controllers and the electric
control valves shall be made with direct burial copper wire AWG -UF
600 volt. Pilot wires sharing the same automatic controller shall be
the same color. Common wire shall be white in color. Provide
different colors for each controller installed on the same project.
Install wire in accordance with valve manufacturer's specifications
and wire chart. In no case shall wire size be less than #14. Wire
sizes shall be 14 ga. up to 4,000' from valve to controller.
2. Wiring shall occupy the same trench and shall be installed along
the same route as pressure supply or lateral lines wherever
possible.
3. Where more than one wire is placed in a trench, the wiring shall be
secured together with vinyl cable ties at intervals of ten (10) feet,
and placed under the pipe for protection from shovels.
4. An expansion curl shall be provided within three (3) feet of each
wire connection. The expansion curl shall be of sufficient length at
each splice connection at each electric control valve so that in case
of repairs, the valve bonnet may be brought to the surface without
disconnection of the control wires. Control wires shall be laid
loosely in the trench without stress or stretching of control wire
conductors.
5. All splices shall be made with Scotch Lok, Connnector Kings, or
King "One -Step" wire connectors. Use one wire connector per
wire splice. An expansion loop of 18 inches shall be provided at
each wire connection and/or directional turn.
6. Field splices between the automatic controller and electric control
valves will not be permitted without prior approval of the City
Inspector.
7. All extra valve wires and the common wire, shall extend from the
controller to a pull box at the farthest valve location for future or
spare wires. If more than one route is available for extra wires,
contact the City Inspector for the number of extra wires to be run in
TS -19 of 43
differing directions.
L. Landscape Dripline:
1. All Landscape Dripline shall be of the size, type and deliver the
same rate of discharge in GPM as shown on the drawings.
PART 3 — EXECUTION
3.01 INSPECTION:
A. Site Conditions:
1. All scaled dimensions are approximate. The Contractor shall check
and verify all site dimensions.
2. Exercise extreme care in excavating and working near existing
utilities. Contractor shall be responsible for damage to utilities that
are caused by his operations or neglect. Check existing utility
drawings or call utility companies for existing utility locations.
3. Coordinate installation of sprinkler irrigation materials, including
pipe, so there shall be no interference with utilities, other
construction or planting or trees, shrubs and ground covers.
4. The Contractor shall carefully check all grades to satisfy him that
he may safely proceed before starting work on the sprinkler
irrigation system. Verify that the specified depths for buried
materials and equipment can be maintained.
5. Verify that landscape irrigation systems may be installed in
accordance with all pertinent codes, regulations, design, reference
standards and the manufacturer's recommendations. Any
installation not in conformance with the above shall be removed
and returned at the Contractor's expense.
6. Grades shall be within a tolerance of +/- 0.10 foot prior to installing
irrigation systems.
3.02 PREPARATION:
A. Physical Layout:
1. The irrigation lines as indicated on the drawings are diagrammatic.
All piping and equipment shall be installed within the project
boundaries, even if shown outside the boundaries on the drawings.
Equipment or piping shown outside the boundaries on the drawings
TS -20 of 43
is for design clarity only. Install all piping and equipment within
planting areas.
Prior to installation, the Contractor shall stake out all pressure
supply lines, routing and location of sprinkler heads. Install all
materials and piping to avoid conflict with trees, shrubs, and all
underground utility services. Contact the City Inspector
immediately if obstructions prevent routing as denoted on plans.
Lay out irrigation dripline and make any minor adjustments required
due to differences between actual site conditions and the drawings.
Adjustments shall be maintained within the original design intent
and only after receiving approval from the City Inspector. Do not
exceed the maximum or minimum spacing indicated by the
manufacturer.
4. The existing irrigation main that serves the pocket park shall be
capped. The remainder of the existing irrigation system at 3140
East Coast Highway shall be protected in place. The Contractor
shall locate, move or reinstall all existing irrigation control wires
along the existing Hobie mural wall.
B. Water Supply:
Sprinkler irrigation system shall be connected to water supply
points of connection as shown on drawings.
2. Connections shall be made at approximate locations as shown on
the drawings. Contractor is responsible for minor changes caused
by actual site conditions.
3. Water supply shut-off to the adjacent property at 3140 East Coast
Highway shall be limited to four (4) hours maximum. The
contractor shall provide written request to the City a minimum of
five (5) working days prior to shut-off.
3.03 INSTALLATION:
A. Trenching:
Dig trenches straight to support pipe continuously on bottom of the
trench. Lay pipe to an even grade. Trenching excavation shall
follow layout indicated on the drawings or as noted.
a. Provide for a minimum of eighteen- (18) inches cover for all
pressure supply lines.
b. Provide for a minimum of twelve- (12) inches cover for all
TS -21 of 43
non -pressure lateral lines.
C. Provide for a minimum of eighteen- (18) inches cover for all
control wiring.
d. Refer to civil engineer's plans for boring or trenching across
paving or under streets.
1. The trenches shall not be backfilled until all required tests are
performed. Trenches shall be carefully backfilled with the
excavated materials approved for backfilling, consisting of earth,
loam, sandy clay, sand or other approved materials, free from large
clods of earth, stones, asphalt, concrete or other construction or
organic debris such as plant refuse. Backfill shall be mechanically
compacted in landscaped areas to a dry density equal to adjacent
undisturbed soil in planting areas. Backfill will conform to adjacent
grades without dips, sunken areas, humps or other surface
irregularities.
2. A fine granular material backfill will be initially placed on all lines.
No foreign matter larger than one-half (1/2) inch in size will be
permitted in the initial backfill.
3. If settlement occurs and subsequent adjustments in pipe, valves,
sprinkler heads, lawn or planting, or other construction are
necessary, the Contractor shall make all required adjustments
without cost to the City.
C. Assemblies:
1. Routing of sprinkler irrigation lines as indicated on the drawings is
diagrammatic. Install lines (and various assemblies), in such a
manner as to conform to the details on the drawings.
2. Install no multiple assemblies on plastic lines. Provide each
assembly with its own outlet.
3. Install all assemblies specified herein in accordance with respective
detail. In the absence of detail drawings or specifications
pertaining to specific items required to complete work, perform
such work in accordance with the best standard practice and with
the manufacturer's specifications. PVC pipe and fittings shall be
thoroughly cleaned of dirt, dust and moisture before installation.
Installation and solvent welding methods shall be as recommended
by the pipe and fitting manufacturer.
TS -22 of 43
4. On PVC to metal connections, the Contractor shall work the metal
connections first. Teflon tape shall be used on male threads on all
threaded PVC to PVC, and on all threaded PVC to brass pipe
connections. Red lead and boiled linseed oil shall be applied to
male threads on all galvanized pipe connections. Light wrench
pressure is all that is required. Where threaded PVC connections
are required, use threaded PVC adapters into which the pipe may
be welded.
5. Open pipe or tubing ends shall be taped closed during installation
to prevent any foreign matter from entering the system.
D. Line Clearance:
1. All lines shall have a minimum clearance of six (6) inches from
each other and from lines of other trades. Parallel lines shall not
be installed directly over one another. In case of reclaimed water
crossings, refer to local cross connection details and codes.
2. Place location tape 6" above all piping, low voltage and high
voltage wiring.
E. Remote Control Valves:
1. Install valves where shown on the drawings and per details. When
grouped together, allow at least twelve (12) inches between valve
boxes. Install each remote control valve in a separate valve box.
Align boxes with adjacent paving in a neat manner, squared to the
walk and each other.
F. Flushing of System:
1. After all new drip lines are in place and connected, and all
necessary diversion work has been completed, and prior to
installation of sprinkler heads, the control valves shall be opened
and a full head of water used to flush out the system.
G. Landscape Dripline:
1. Install the landscape dripline as designated on the drawings.
Landscape dripline to be installed in this work shall be equivalent in
all respects to those itemized on the drawings.
2. Spacing of landscape dripline shall not exceed the maximum as
indicated on the drawings. In no case shall the spacing exceed the
maximum recommended by the manufacturer.
TS -23 of 43
A. The City reserves the right to make temporary repairs as necessary to
keep the sprinkler system equipment in operating condition. The exercise
of this right by the City shall not relieve the Contractor of his
responsibilities under the terms of the guarantee as herein specified.
3.05 FIELD QUALITY CONTROL:
A. Adjustment of the System:
The Contractor shall flush clean landscape dripline for optimum
performance.
B. Testing of Irrigation System:
1. The Contractor shall request the presence of the City Inspector at
the intervals listed below in advance of any testing.
2. The Contractor shall provide "walkie-talkies" for communication
from the review area to the controller location.
3. The Contractor shall provide current record drawings at each
review.
4. Before testing mainlines, fill the lines with water for a period of at
least 24 hours.
5. All hydrostatic mainline testing shall be completed prior to the
installation of remote control valves, quick couplers, or other valve
assemblies.
6. Test all pressure mainline pipes under hydrostatic pressure of 150
PSI and prove watertight. Testing of pressure main line piping shall
occur prior to installation of electric control valves or quick coupling
valves.
7. All piping under paved areas shall be tested under hydrostatic
pressure of 150 PSI and proved water tight, prior to paving.
8. Sustain pressure in tested lines for not less than two (2) hours. If
leaks develop, replace joints and repeat test until entire system is
proven watertight.
9. All hydrostatic tests shall be made in the presence of the City
Inspector. The test may be made in the presence of the General
Contractor's superintendent only if written acceptance of the test is
forwarded to the City and City Inspector immediately after testing.
No pipe shall be backfilled until it has been observed, tested with
all couplings exposed and all pipe sections center loaded, and
approved in writing.
10. The Contractor shall furnish the force pump and all other test
equipment necessary for the testing of the irrigation system.
11. The Contractor shall make all necessary provisions for thoroughly
bleeding the line of air and debris.
TS -24 of 43
12. When the landscape dripline irrigation system is completed,
perform a coverage test in the presence of the City Inspector, to
determine if the water coverage for the planting areas is complete
and adequate. Furnish all materials and perform all work required
to correct any inadequacies of coverage due to deviation from
plans, or where the system has been willfully installed as indicated
on the drawings when it is obviously inadequate for field conditions.
This test shall be accomplished before any groundcover or shrub
material is planted.
13. Upon completion of each phase of work, the entire system shall be
tested and adjusted to meet site requirements to the satisfaction of
the City Inspector.
3.06 MAINTENANCE:
A. The entire landscape dripline irrigation system shall be under full
automatic operation prior to any planting.
B. The Contractor shall keep the irrigation system completely operational for
the entire length of the Construction and Landscape Establishment and
Maintenance Phases or work.
3.07 CLEAN-UP:
A. Clean up shall be made as each portion of work progresses. Refuse and
excess dirt shall be removed from the site, all walks and paving shall be
broomed or washed down, and any damage sustained on the work or
others shall be repaired to original conditions.
3.08 FINAL OBSERVATION PRIOR TO ACCEPTANCE:
A. The Contractor shall operate each system in its entirety for the City
Inspector at the time of final observation at the end of the Landscape
Establishment and Maintenance Phase. Any items deemed not
acceptable by the City Inspector shall be reworked to the complete
satisfaction of the City Inspector.
B. The Contractor shall show evidence to the City Inspector that the City has
received all accessories, charts, record drawings and equipment as
required before the final observation can occur.
3.09 OBSERVATION SCHEDULE:
A. The contractor shall be responsible to establish a schedule of
observations with the proper City staff.
-End-
TS-25 of 43
SECTION 02900
LANDSCAPE PLANTING
PART 1 - GENERAL
1.01 SCOPE OF WORK:
A. Furnish all labor, materials, equipment, transportation, and services
necessary to provide and install landscape planting as shown on the
drawings and described herein.
B. Related Work Specified In Other Sections:
1. Landscape Irrigation
2. Landscape Establishment and Maintenance
1.02 QUALITY ASSURANCE AND REQUIREMENTS:
A. Source Quality Control:
Arrange procedure for inspection of plant material with City
Inspector prior to work. Should the contractor desire the City
Inspector to inspect the plant material at the nursery prior to
delivery, the Contractor shall notify the City Inspector one week
prior to this requested inspection. The City Inspector shall invoice
the Contractor for the inspection on an hourly basis, portal to portal,
including any other expenses incurred. All such invoices shall be
paid to the City Inspector prior to any other inspections by the City
Inspector to the project site.
2. Submittal of pictures will be allowed for general plant material
review. Submittal of pictures shall not be considered as a final
inspection of plant material. Final acceptance or rejection of plant
material shall only be considered on-site with the actual plant
material being considered.
Plant material for this project shall consist of the best plant material
available. Material not meeting the City Inspector's satisfaction,
including multiple rejections, shall be returned to the nursery where
it was obtained at no additional cost to the City.
1.03 SUBMITTALS:
A. Certificate of Inspection of plant material by State or Federal Authority
shall be presented if requested by the City.
1.04 PRODUCT DELIVERY, STORAGE AND HANDLING:
TS -26 of 43
A. Delivery:
1. Deliver fertilizer to site in original unopened containers bearing
manufacturer's guaranteed chemical analysis, name, trademark,
and conformance to state law.
2. Deliver plants with legible identification labels.
a. Label evergreens, bundles of containers of like shrubs, or
groundcover plants.
b. Use durable waterproof labels with water-resistant ink which
will remain legible for at least 60 days.
3. Protect plant material during delivery to prevent damage to root ball
or desiccation of leaves.
4. The Contractor shall notify the City Inspector forty eight (48) hours
in advance of delivery of all plant materials and shall submit an
itemized list of the plants.
B. Storage:
1. Store plant material in the shade and protect from the weather.
2. Maintain and protect plant material not to be planted within four (4)
hours.
C. Handling:
1. Do not drop plant materials.
2. Do not pick up container plant material by stems or trunks.
1.05 JOB CONDITIONS:
A. Perform actual planting only when weather and soil conditions are suitable
in accordance with locally accepted industry practice.
1.06 SAMPLES AND TESTS:
A. The City reserves the right to take and analyze samples of materials for
conformity to specifications at any time. Rejected materials shall be
immediately removed from the site at the Contractor's own expense. The
cost of testing of materials not meeting specifications shall be paid by the
Contractor.
B. The Contractor shall have soil samples tested after finish grades have
TS -27 of 43
been established to best represent the site soil conditions. Surface
samples shall be taken with a trowel at 0" to 12" deep into finish grade.
All samples shall be tested by an established soils laboratory for soil
fertility and agricultural suitability. Each sample shall contain
approximately one quart, but no less. Copies of the laboratory's
recommendations shall be sent to the City and the City Inspector upon
receipt by the Contractor with a statement denoting and additional or
deductive costs. The Contractor shall then install soil amendments and
backfill to conform to the soil laboratory's recommendations by first
requesting and receiving a written change order from the City. This report
shall also contain recommendations for palm tree sub -soil drainage,
import soil for over native soil, and/or any other special conditions
particular to the project site and design. Special consideration should be
given the soil samples for the presence of soil sterilants as the planting
areas were prior under paving. The City may request additional testing of
finish grades to determine actual amendment rates per 1.06 A above.
The contractor shall include the plant list from the Planting plans along
with the soil samples for compatibility comparison by the soils laboratory.
1.07 GUARANTEE AND REPLACEMENT:
X All plant material installed under the contract shall be guaranteed against
any and all poor, inadequate or inferior materials and/or workmanship for
a period of one (1) year from the effective date of completion of the
Establishment and Maintenance phase of the project as established by
the City. Any plant found to be dead or in poor condition due to faulty
materials or workmanship, as determined by the City Inspector, shall be
replaced by the Contractor at his expense. Material to be replaced within
this guarantee period shall be replaced by the Contractor within seven (7)
days of written notification by the City.
B. Any materials found to be dead, missing or in poor condition during the
Establishment and Maintenance phase shall be replaced immediately.
The City Inspector shall be the sole judge as to the condition of the
material.
PART 2 — PRODUCTS
Fr1�n.A1111Ir:4cFTA ��1
& The following organic and soil amendments and fertilizer are to be used
for bidding purposes only. Specific amendments and fertilizer
specification will be made after grading operations are complete and soil
samples are tested by the Contractor.
B. All materials shall be of standard, approved and first grade quality and
shall be in prime condition when installed and accepted. Any
TS -28 of 43
commercially processed or packaged material shall be delivered to the
site in the original unopened container bearing the manufacturer's
guaranteed analysis. Contractor shall supply the City Inspector with a
sample of all supplied materials accompanied by analytical data from an
approved laboratory source illustrating compliance or bearing the
manufacturer's guaranteed analysis upon request.
C. Organic Material:
1. Nitrogen Stabilized: 0.56 to 0.84% N based on dry weight for
redwood sawdust.
2. Particle Size: 95%-100% passing 6.35mm standard sieve; 80%-
100% passing 2.33mm standard sieve.
3. Salinity: The saturation extract conductivity shall not exceed 3.5
milliohms(centimeter at 25 degrees centigrade as determined by
saturation extract method.
4. Iron Content: Minimum 0.08% dilute acid soluble Fe on dry weight
basis.
5. Ash: 0-6.0% (dry weight).
D. Soil Amendments:
1. Gypsum: Agricultural grade produce containing 98% minimum
calcium sulfate.
2. Planting tablets:
a. Slow-release type, containing the following percentages of
nutrients by weight:
20% nitrogen
10% phosphoric acid
5% potash
b. 21 gram tablets as manufactured by Agriform or approved
equivalent, applied per manufacturer's recommendations.
E. Top Soil:
1. Top soil, as required, shall be obtained from on-site planting
excavations if at all possible and shall be approved by the
Engineer.
2. Top soil shall consist of a natural, fertile, friable, sandy loam soil
TS -29 of 43
possessing the characteristics of representative soils in the vicinity
which produce heavy growth of crops, grasses, or other vegetation
and shall be obtained from natural well drained areas. Before
excavating existing soil, the surface at the source of supply is to be
stripped to a depth of two inches in order to remove weed seeds,
roots, etc. Imported topsoil shall consist of either fine sand or
loamy sand textured soil meeting the following specifications:
Silt plus clay content of the top soil shall not exceed 30% by weight
with a minimum 95% passing the 2.0 millimeter sieve. The sodium
absorption ratio (SAR) shall not exceed 6 and the electrical
conductivity (ECe) of the saturation extract of the soil shall not
exceed 3.0 milliohms/centimeter at 25 degrees Centigrade. The
boron content of this soil shall be no greater that 1 ppm as
measured on the saturation extract. The pH shall not exceed 7.0
and be not less than 6.0. In order to insure conformance, samples
of the import soil shall be submitted to a qualified soil laboratory for
analysis prior to shipping.
This specification applies to import soil to be used for backfill
purposes in problem soil areas. In landscape areas where no soil
problems exist, the textural characteristics shall be similar to native
soil.
The source of soil shall be free from Bermuda grass and other
noxious weeds or grasses. Topsoil shall be free from refuse,
heavy roots, clay lumps, stones larger than one inch in size,
noxious weeds, sticks, brush, litter and other deleterious
substances. In no case shall there be more than five percent by
volume of the following: stones larger than one inch, coarse sand,
and small clay lumps.
The Contractor shall furnish the City with the proposed source or
sources of topsoil to be used at least fifteen (15) working days prior
to delivery. The Contractor at his own expense, shall obtain soil
samples from his intended top soil source and have a soil analysis
performed by a soil testing laboratory to ensure conformity with the
preceding specifications. Topsoil shall not be delivered to the work
site prior to approval by the City. Any delay caused by the failure of
soil tests to meet these specifications shall be the sole
responsibility of the Contractor.
F. Plant Material:
1. Plants shall be in conformance with the California State
Department of Agriculture's regulation for nursery inspections, rules
and rating. All plants shall have a normal habit of growth and shall
TS -30 of 43
be sound, healthy, vigorous and free of insect infestations, plant
diseases, sunscalds, fresh abrasions of the bark, excessive
abrasions, or other objectionable disfigurements. Tree trunks shall
be sturdy and well "hardened" off. All plants shall have normally
well-developed branch systems, not sparse, irregularly spaced, thin
branched or having off -balanced head. All shall have vigorous and
fibrous root systems that are not root or pot-bound. The root
conditions of the plants furnished by the Contractor in containers
will be determined by removal of earth from the roots of not less
than two plants of each species or variety. Where container -grown
plants are from several sources, the roots of not less than two
plants of each species or variety from each source will be
inspected. In case the sample plants inspected are found to be
defective, the City Inspector reserves the right to reject the entire
lot or lots of plants represented by the defective samples. The City
is the final judge of acceptability. Any plants rendered unsuitable
for planting because of this inspection will be considered as
samples and will be provided at the expense of the Contractor.
2. The size of the plants will correspond with that normally expected
for species and variety of commercially available nursery stock
unless specified otherwise in these specifications or as otherwise
specified in the drawings. The minimum acceptable size of all
plants, measured before pruning with the branches in normal
position, shall conform to the measurements, specified on the
drawings. Plants larger in container size than specified may be
used with the approval of the City Inspector. But the use of larger
plants will make no change in contract price. If the use of larger
plants is approved, the ball of earth or spread of roots for each
plant will be increased proportionately.
3. Rejection or substitutions:
a. All plants not conforming to the requirements herein
specified, shall be considered defective and such plants,
whether in place or not, shall be marked as rejected and
immediately removed from the site of the work and replaced
with new plants at the Contractor's expense. The plants
shall be of the species, variety, size and condition specified
herein or as shown on the drawings. Under no conditions
will there be any substitution of plants or sizes listed on the
accompanying plans, except with the expressed written
consent of the City Inspector.
4. Plant material shall be true to botanical and common name and
variety as specified in, "A Checklist of Woody Ornamental Plants in
TS -31 of 43
California," Manual 32, published by the University of California
School of Agriculture (1963).
5. Nursery Grown and Collected Stock:
a. Grown under climatic conditions similar to those in locality of
the project.
b. Container -grown stock in vigorous, healthy condition not
root -bound or with root system hardened off.
C. Use only liner stock plant material that is well-established in
removable containers or formed homogeneous soil sections.
6. Substitute plant material will not be permitted without specific
written approval by the City Inspector.
G. Mulch Cover:
1. All shrub planting shall receive a surface layer of nitrogen fortified
shredded tree and plant material mulch. Aguinaga Forest Floor 0%
2" Provide depth of 2" minimum over finish grade in general
planting areas. No bare earth shall be showing through mulch
cover. Curbs, walks, or other paving shall be located 1" over the
top of the mulch cover.
H. Miscellaneous Materials:
1. Sand:
a. Washed plaster sand or equivalent.
2. Herbicides:
a. Pre -emergent herbicide: Ronstar or equivalent
b. Post -emergent herbicide: Round -up or equivalent
PART 3 — EXECUTION
3.01 INSPECTION:
A. Verify that final grades have been established prior to beginning planting
operations.
B. Inspect trees, shrubs, and liner stock plant material for injury, insect
infestation and trees and shrubs for improper pruning.
C. Do not begin planting until irrigation mainline pressure test and irrigation
coverage tests are accepted.
TS -32 of 43
c � �17�7_1fi[�7►RI
A. Stake out locations for plants and outline of planting beds on the ground
with non-toxic substance as gypsum.
B. Do not begin excavation until plant locations and plant beds are
acceptable to the City Inspector.
3.03 INSTALLATION:
A. Excavation for Planting:
1. Pits and Trenches:
a. Shape:
1. Dig vertical sides and flat bottom on all pits and
trenches.
2. Plant pits to be square for box material, and circular
for canned material.
b. Size:
1. All plant pits for shrubs shall be dug twice the
diameter and the exact depth of the root ball.
2. Refer to the plans for the size of tree plant pits.
B. Preparation of Planting Areas:
1. The following materials and rates are included for bidding purposes
only. Once the soils report has been reviewed and bid costs
adjusted accordingly, the City shall issue a field notification for the
actual amendments, rates, and manner of installation. The
following materials and rates are for bidding purposes only,
a. Tree and Shrub Backfill:
1. 6 parts by volume on-site soil
2. 4 parts by volume nitrogen stabilized organic
amendment
3. 1 Ib. 12-12-12 fertilizer per cu. yd.
4. 10 lbs. agricultural gypsum per cu. yd.
5. 2 lbs. iron sulfate per cu. yd., (keep from all hard
surfaces, as iron sulfate can stain)
TS -33 of 43
2. All soil areas shall be compacted and settled by application of
heavy irrigation to a minimum depth of twelve (12) inches.
C. Final Grades:
After the foregoing specified deep watering, minor modification to
grade may be required to establish the final grade. These areas
shall not be worked until the moisture content has been reduced to
a point where working it will not destroy soil structure.
a. Finish grading shall insure proper drainage of the site.
b. All areas shall be graded so that the final grades will be 2"
below adjacent paved areas, sidewalks, top of curbs, and
valve boxes in shrub/tree areas.
C. Eliminate all erosion scars.
d. At time of planting, the top two (2) inches of all areas to be
planted shall be free of stones, stumps, or other deleterious
matter one (1) inch in diameter or larger, and shall be free
from all wire, plaster, or similar objects that would be a
hindrance to planting or maintenance.
e. Finish grading shall be consistent and free from undulations,
irregularities or depressions. Areas filled by floating loose
soil into depressions shall be thoroughly watered to ensure
compaction.
D. Dispose of Excess Soil:
Dispose of unacceptable or unused excess soil off-site in a manner
consistent with local codes.
E. Maintenance of Final Grades:
It shall be the responsibility of the Contractor to maintain the final
grades throughout the Construction Phase. All erosion shall be
properly repaired at the Contractor's own cost to the City's
satisfaction. Any slope soil run-off onto adjacent paving areas shall
be cleaned regularly by the Contractor.
3.04 PLANTING INSTALLATION
& General:
Actual planting shall be performed during those periods when
weather and soil conditions are suitable and in accordance with
locally accepted practice, as approved by the City Inspector.
TS -34 of 43
2. Only as many plants as can be planted and watered on that same
day shall be distributed in a planting area.
3. Containers shall be opened and plants shall be removed in such a
manner that the ball of earth surrounding the roots is not broken.
The plants shall be planted and watered as herein specified
immediately after removal from the containers. Containers shall
not be opened prior to placing the plants in the planting area.
B. Weed Control:
After soil preparation and establishment of final grades prior to any
planting, the Contractor shall irrigate thoroughly for a period of
time, two to three weeks, until the weed seeds have germinated.
When there is sufficient weed seed germination, the Contractor
shall apply a post -emergent contact herbicide according to the
directions of the manufacturer, conforming to any and all codes
affecting herbicide handling and use.
2. The contractor shall then wait an additional two (2) weeks to allow
the herbicide to dissipate, then plant as indicated in the plans and
specifications.
3. The Contractor shall remove any residual foliage. Roots shall be
removed except on slopes 2:1 or greater where they shall remain to
add to the slope's stability.
4. The City shall be made aware of the scheduling impacts of the
weed abatement period prior to starting landscape work.
C. Lay -out of Major Plantings:
Locations of plants and outlines of areas to be planted shall be
marked on the ground with gypsum by the Contractor before any
plant pits are dug. All locations as noted on the Planting Plans
shall have actual plants provided and layed out on the medians for
approval by the City Inspector prior to installation. The contractor
shall establish a schedule for review of these sample areas with the
City Inspector prior to overall project plant layout. If an underground
construction or utility line is encountered in the excavation of
planting areas, notify the City immediately to clarify if the utility line
is dangerous. Other locations for planting may be selected by the
City Inspector.
D. Planting of Shrubs:
Excavation for planting shall include the stacking of all acceptable
TS -35 of 43
topsoil encountered within the areas to be excavated for trenches,
tree holes, plant pits and planting beds.
2. Excess soil generated from the planting holes and not used as
backfill or in establishing the final grades shall be removed from the
site in a manner consistent with all local codes.
3. Protect all areas from excessive compaction when trucking plants
or other materials to the planting site.
4. All excavated holes shall have vertical sides with roughened
surfaces.
5. Center plant in pit or trench.
6. Face plants with fullest growth into prevailing wind, unless other
wise directed by the City Inspector.
7. Set plants plumb and hold rigidly in position until soil has been
tamped firmly around root ball.
8. All plants which settle deeper than specified above shall be raised
to the correct level. After the plant has been placed, additional
backfill shall be added to the hole to cover approximately one-half
of the height of the root ball. At this stage, water shall be added to
the top of the partly filled hole to thoroughly saturate the root ball
and adjacent soil.
9. Can Removal:
a. Cut cans on two sides with an acceptable can cutter.
b. Do not injure root ball.
G. Do not cut cans with a spade or ax.
d. Carefully remove plants without injury or damage to the root
ball.
e. After removing the plant, superficially cut edge -roots with a
knife on three sides.
10. Hand backfill and hand tamp leaving a slight depression around
bases of plants.
a. After the water has completely drained, planting tablets shall
be placed as indicated on the manufacturer's specifications.
11. Backfill the remainder of the hole.
TS -36 of 43
12. Planting tablets shall be set with each plant on the top of the root
ball whole the plants are still in their containers so the required
number of tablets to be used in each hole can be easily verified.
3.05 CLEAN-UP
A. After all planting operations have been completed, remove all trash,
excess soil, empty plant containers and rubbish from the property. All
scars, ruts or other marks in the ground caused by this work shall be
repaired and the ground left in a neat and orderly condition throughout the
site. The Contractor shall pick up all trash resulting from this work no less
frequently than each Friday before leaving the site, once a week, and/or
the last working day each week throughout the Construction Phase. All
trash shall be removed completely from the site.
B. The Contractor shall leave the site area broom -clean and shall wash down
all paved areas within the contract area, leaving the premises in a clean
condition throughout the Construction Phase.
TS -37 of 43
SECTION 02970
LANDSCAPE ESTABLISHMENT AND MAINTENANCE
PART 1 — GENERAL
1.08 SCOPE OF WORK:
A. Furnish all labor, materials, transportation, and services necessary to
provide landscape establishment and Maintenance to the project as
described herein.
B. Related Work Specified In Other Sections:
1. Landscape Irrigation
2. Landscape Planting
1.09 GENERAL ESTABLISHMENT AND MAINTENANCE:
A. The length of the Establishment and Maintenance phase shall be ninety
(90) days.
B. Establishment and Maintenance of plant materials shall include, but not
be limited to, trimming, pruning, watering, fertilization, weed control,
cultivation, pest control and clean up. The Contractor shall keep the site
in a state of perpetual growth and repair. Irrigation maintenance shall
include periodic operation of the system, adjustments, and minor repairs
as necessary.
C. All hardscape shall be kept clear of debris from the maintenance
operations, erosion, run-off, irrigation, or wind blown debris. Clean up of
walks shall be the Contractor's responsibility. Street gutters shall be
included within the debris/siltation removal program.
D. The Contractor shall provide a general clean-up operation at least once a
week for the purpose of removing trash or debris which may accumulate
from the use of the area, wind blown debris, or other refuse.
E. All personnel on the project shall be well trained, clean, neat at all times,
and be conversant with these specifications.
E All work shall be performed in accordance with the best landscape
maintenance practices and in keeping with the high aesthetic level of the
facilities being maintained.
G. Contractor shall be responsible for removing all weeds in joints of curbs,
and hardscape throughout the project.
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H. All landscape areas shall be patrolled weekly to check for vandalism
damage, broken tree branches, rodents, insects, pests, and diseases.
I. Water management:
1. Water only as required to allow penetration into the soil and avoid
excess run-off. Once plant material is established, water only as
needed to maintain healthy plant material.
2. Avoid water waste by setting controllers appropriately for the
current season and weather.
J. Avoid blocking the clear view of signs, illumination of light fixtures, and
conflict with pedestrians and vehicles or their views.
K. Safety of users shall be a prime goal of maintenance especially in regard
to pruning of trees and trimming of plants away from walkways and/or
structures.
L. The Contractor, at his own expense, shall replace all plant material that
has failed during the establishment and Maintenance phase.
1.10 QUALITY ASSURANCE:
A. Work Force:
1. The Contractor's representative shall be experienced in landscape
maintenance and shall have received an education in ornamental
horticulture. The Contractor shall give his personal supervision to
the work or shall have a competent foreman on the job site at all
times during progress of the work.
2. The Contractor shall provide and maintain a current list of
emergency telephone numbers for 24-hour emergency response.
The Contractor shall initiate remedial action within two (2) hours
from the time of notification.
1.11 ESTABLISHMENT AND MAINTENANCE PHASE:
A. The Contractor shall continuously maintain all areas involved in this
contract during the progress of the work and during the Establishment and
Maintenance phase until final acceptance of the work by the City.
B. Improper maintenance or poor condition of any plantings as determined
by the City Inspector, during or at the end of the scheduled establishment
and Maintenance phase may cause postponement of the final completion
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date of the contract. Project maintenance shall be continued by the
Contractor until all work is acceptable to the City.
C. Projects will not be segmented into separate Establishment and
Maintenance phases unless specific work phases are indicated with the
contract documents.
D. Any period of time the Contractor fails to adequately maintain plantings,
replace unsuitable plants, perform weed control or other work, as
determined by the City, that time will not be credited to the plant
establishment and Maintenance phase, and shall be added on the end of
the Establishment and Maintenance phase.
E. The Contractor's establishment and Maintenance phase shall be
extended to the City's satisfaction should the provisions within these plans
and specifications not be fulfilled to the City's satisfaction.
1.12 START OF ESTABLISHMENT AND MAINTENANCE PHASE:
A. The Establishment and Maintenance phase shall not start until all
elements of construction, planting, and irrigation for the entire project are
complete.
B. The Contractor shall request an inspection to begin the Establishment and
Maintenance phase after all planting and related work has been
completed in accordance with the contract documents. If such criteria are
met to the satisfaction of the City, a field notification shall be issued to the
Contractor from the City, to establish the effective beginning date of the
Establishment and Maintenance phase. The City has the ultimate
authority in setting the beginning date for the Establishment and
Maintenance phase.
1.13 GUARANTEE AND REPLACEMENT:
A. All plant material installed under the contract shall be guaranteed against
any and all poor, inadequate or inferior materials and/or workmanship for
a period of one year. This guarantee shall begin from the date of final
acceptance at the end of the Establishment and Maintenance phase as
established by the City. Any plant material found to be dead, missing or in
poor condition as determined by the City Inspector, shall be replaced by
the Contractor at his expense.
Any materials found to be dead, missing, or in poor condition as
determined by the City Inspector, during the Establishment and
Maintenance phase shall be replaced immediately, not at the end of the
Establishment and Maintenance phase prior to inspection. The City
Inspector shall be the sole judge as to the condition of material. Material
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to be replaced within the guarantee period shall be replaced by the
Contractor within seven (7) days.
1.14 FINAL PROJECT SUBMITTALS:
A. Prior to the date of the final inspection at the end of the Establishment
and Maintenance phase, the Contractor shall acquire from the City
Inspector mylar prints at the Contractor's expense, and record from the
job record set all changes made during construction, label as "Record
Drawings", and deliver to the City . Prior to the date of final inspection at
the end of the Establishment and Maintenance phase, the Contractor
shall deliver to the City the "Landscape and Irrigation Guarantee" as
required. All other submittals as incorporated in the Irrigation and Planting
Specifications shall also be completed prior to the final acceptance by the
City.
PART 3 — EXECUTION
3.01 MAINTENANCE:
A. Maintenance shall conform to the following standards:
1. All areas shall be kept free of debris and all planted areas shall be
weeded and cultivated at intervals of not more than seven (7) days.
Watering, edging, trimming, fertilization, spraying and pest control,
as may be required, shall be included in the establishment and
Maintenance phase.
2. The Contractor shall be responsible for maintaining adequate
protection of the entire project area. Damaged areas caused by
erosion, tire damage, grafitti, pests or other damage as deemed by
the City shall be repaired at the Contractor's expense.
3. All sidewalks, paved areas and other areas adjacent to the planting
areas shall be cleaned of all debris, soil, or other materials at
intervals of not more than seven (7) days.
3.02 SHRUB CARE:
A. Watering:
1. Maintain a large enough water basin around plants in groundcover
areas so that enough water can be applied to establish moisture
through the major root zone. When hand -watering, use a water
wand to break the water force. Use mulches to reduce evaporation
and frequency of watering.
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1. Shrubs:
a. Shrubs shall not be clipped in balled or boxed forms unless
such is required by the design.
b. All burning cuts shall be made to lateral branches or buds or
flush with the trunk. Stubbing will not be permitted.
C. Remove any spent blossoms or flower stalks after flowering.
d. Hedges and most plant masses shall be pruned into a mass
form, not individual plant balls or boxes.
e. All shrubs that normally require mowing or severe cutting
back for horticultural reasons shall be cut back only after
approval to do so by the City Inspector,
C. Weed Control:
1. Keep basins and areas between plants free of weeds. Use
recommended legally approved pre -emergent herbicides and
removal by hand methods. Avoid frequent soil cultivation that
destroys shall roots. Use mulches to help prevent wee seed
germination. Avoid post -emergent herbicides in groundcover areas
where overspray may kill young rooted cuttings.
2. Use of chemical spraying may be necessary to rid turf areas of
noxious weeds.
D. Insect Control:
1. Maintain a reasonable control with approved materials and
methods that are legally accepted in the area.
E. Disease and Pest Control:
1. The Contractor shall be responsible to control all diseases and
pests during the Establishment and Maintenance phase. All
disease and pest control materials and methods shall be at the
direction of a licensed pest control operator. The City shall be
made aware of all methods and materials to be used for disease
and pest control. The Contractor shall implement the control
measures exercising extreme caution in using pesticides and taking
all necessary steps to ensure the safety of the public.
F. Fertilization:
1. Fertilize all planting areas with the following materials. These
materials and schedules are intended for bidding purposes only.
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3.03
3.04
Actual materials and rates shall be specified in the project soil
fertility and agricultural suitability report. Any changes in cost from
these specifications shall be approved in writing from the City prior
to any work.
a. Beginning of Establishment and Maintenance phase:
Ammonium sulfate 5 lbs./1,000 sq.ft.
b. End of first 30 days:
Ammonium sulfate 5 lbs./1,000 sq.ft.
c. At additional 60 day periods:
Granular Fertilizer 16-6-8 6 lbs./1,000 sq.ft.
2. Avoid applying fertilizer to the root ball and base of main stem;
rather spread evenly under plant to the drip line. Rates will vary
from about a cup of nitrate fertilizer, (depending on nitrogen
percentage) around a newly planted small plant, to about one-half
(1/2) Ib. of actual nitrogen per inch of trunk diameter measured four
feet from the ground for mature trees.
IRRIGATION SYSTEM
A. The Contractor shall check all systems for proper operation a minimum of
once a month. Lateral lines shall be flushed out at flush valve as deemed
necessary
B. Set and program automatic controller with the project's additional valve for
seasonal water requirements. The Contractor shall adjust his watering
schedule equal to the application rate each area is capable of receiving
based on topography, soil type, plant material, season, and weather.
Give City a key to controllers and instructions on how to turn off the
system in case of emergency.
C. Repair all damages to the irrigation system at the Contractor's expense.
Repairs shall be made within one watering cycle. All replaced equipment
shall match the equipment specified on the plans and specifications.
FINAL ACCEPTANCE
A. The Contractor shall be aware that the landscape shall be in a vigorous
and thriving condition prior to final acceptance. All plant material which
may still be under stress from the Construction Phase shall at this time be
rejected and replaced by healthy and vigorous plant material prior to final
acceptance.
All plant material shall have new growth trimmed neatly.
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