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HomeMy WebLinkAboutC-8150-2 - Newport Elementary PlayfieldAugust 14, 2019 GMC Engineering, Inc. Attn: Gennady Chizhik 1401 Warner Avenue, Suite B Tustin, CA 92780 Subject: Newport Elementary Playfield C-8150-2 Dear Mr. Chizhik: CITY OF 1NEWt'OP BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 Fax newportbeachca.gov On August 14, 2018, 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 August 15, 2018 Reference No. 2018000298574. The Surety for the contract is Western Surety Company the bond number is 30003836. Enclosed is the Faithful Performance Bond. Sincerely, f Leilani I. Brown, MMC City Clerk Enclosure Contract #: 8150-2 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 30003836 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ $5,622.00 , being at the rate of $ 10.80 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to GMC Engineering, Inc. hereinafter designated as the "Principal," a contract for Newport Elementpry Pjayfield in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Western Surety Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of (1-) Dollars ($ 520,520.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. 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 (1.) Five Hundred Twenty Thousand Five Hundred Twenty and 00/100's Page B-1 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 28th day of February 12018 . GMC Engineering, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 1455 Frazee Road, Suite 801, San Diego, CA 92108 Address of Surety 619-682-3550 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney N' Authorized Signatu e(Title Gaeine�.a': A CkA. ,V"V- . t � David B. Sandiford, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY Mt1ST BE ATTACHED 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 ) ss. On 120 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Signature ACKNOWLEDGMENT (seal) A otary public or other officer completing this SEE ATTACHED cerci i verifies only the identity of the individual who sign the document to which this certificate is attached, an of the truthfulness, accuracy, or e validity of that doc ant. State of California County of On ss. Notary vuonc, personauy appearee proved to me on the basis of satisfactory idenci subscribed to the within instrument a ackn c same in his/her/their authorized city(ies), an instrument the person(s), or the tity upon behalf instrument. to be the person(s) whose name(s) is/are god to me that he/she/they executed the ghat by his/her/their signatures(s) on the ,f Wkich the person(s) acted, executed the certify under PENKY OF PERJURY under the laws of the foregoing paragr is true and correct. WITNESS v hand and official seal. Signature of California that the (seal) Page B-3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Orange } On February 28th, 2018 before me Rosemarie Geiger era insert name and titleo e officer) personally appeared David B. Sandiford who proved to me on the basis of satisfactory evidence to be the person*whose namefe}is/aresubscribed to the within instrument and acknowledged to me that hefshekhey executed the same in his e4r-authorized capacityoee}and that by his"--ONiewir-signaturefs}on the instrument the personfsj, or the entity upon behalf of which the perso nrfs} 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. slm;,,.„ ROSEMARIE WITNESS my hand and official seal. Commission #GEIGER 2101454 Notary Public - California z Cz Gthng• County Notary Public Signature —(Notary Public Seel) ADDITIONAL OPTIONAL INFORMA Cts PITON CF TFE ATT A0-I®DOCJ\4 HofT (Ttle or dasmµien of attached doc rrent) (Title or description d aftadhed docurr>ent continued) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) Z1 Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9805 INSTRUCTIONS FOR COMPLETING THIS FORM Ibis form complies with current California statutes regarding notarywording and, if needed, should be completed and attached to the document. Acknowledgments from other states maybe completed for documents being sent to that state so long as the wording does not require the California notaryto violate California notary law. Male and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. Mate of notarization must be the date that the signer(s) personally appeared which roust also be the same date the acknowledgment is completed, MThe notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). lliPrint the name(s) of document signa(s) who personally appear at the time of notarization. Inndicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/se/trey,- is /aro ) or circling the correct forms. Failure to correctly in dicale this information may lead to rejection of document recording. dfhe notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment farm. ESignature of the notary public must match the signature on file with the office of the county clerk. O Additional information is not required but could help to ensure this acknowledgment is notmisnsed or attached to a different document. M Indicate title or type of attached document, number of pages and date. ft Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary), 11flSecurely attach this document to the signed document with astaple. V bstern Surety Corr.,)any POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey R Gryde, David B Sandiford, Individually of Laguna Niguel, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to die authority hereby given, are hereby ratified and continued. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 19th day of July, 2016. 3`PyJPEif WESTERN SURETY COMPANY �f 6E px.,rp XPaul T, Bruflat, Vice President State of South Dakota l )j ss County of Minnehaha On this 19th day of July, 2016, before me personally came Paul T. Bruflat, to rice known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of &,•rid corporation. My cornmission expires — J.MOHR IrBeI1NaV(0}A� June 23, 2021 I / J. MDIu, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this _2$Ih_ clay of __170 2017 sori'e'rr ��"�•••...,e`o WES'T'ERN SURETY COMPANY toPyap4�l�a ',X CAVI Form 1`4280-7-2012 L. Nelson, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1169 ICIM41ccerrmcrcrrrrc>E.tx+raefircr.1.ersrrsacmrxzrac�.r.4rcr..xzrrrrn,�r<> 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 Orange ) On— 03/06/18 --before me, Megan Featherston Notary Public_ Date Here Insert Name and Title of the Officer personally appeared Gennady Chizhik Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MEGAN FEAI'HEIiSTON Notary rublic- California r Ro*l Orange County Commission M D82170 Expires Feb 3,2021 My Coinm. Place Notary Seat Above 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 Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:. ..__. Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — -1 Limited General Individual Attorney in Fact Trustee _. Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name:.___________ Corporate Officer — Tltle(s): Partner — _1 Limited General Individual Attorney in Fact Trustee Guardian or Conservator C Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item 45907 October 22, 2018 GMC Engineering, Inc. Attn: Gennady Chizhik 1401 Warner Avenue, Suite B Tustin, CA 92780 Subject: Newport Elementary Playfield C-8150-2 Dear Mr. Chizhik: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAx newportbeachca.gov On August 14, 2018 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 August 15, 2018, Reference No. 2018000298574. The Surety for the bond is Western Surety Company and the bond number is 30003836. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Contract #: 8150-2 Premium: In -hided CITY OF NEWPORT BEACH BOND NO. 30003836 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to GMC Engineering, Inc. hereinafter designated as the "Principal," a contract for Newport Elementary Plavfield in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of 0-) Dollars ($520,520.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Page A-1 (1.) Five Hundred Twenty Thousand Five Hundred Twenty and 00/109s 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 28th day of February , 2018 GMC Engineering, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 1455 Frazee Road, Suite 801, San Diego, CA 92108 Address of Surety 619-682-3550 Telephone APPROVED AS TO FORM: CITY ATTOR IEYj$ OFFICE Date: ff By: k_✓ __ rte= r Aaron C. Harp+ 3 8 +$ City Attorney A*X--- Authorized Sign ure[Title Caer�rddti G'11�11k,. QKs,dF.v��-/ David B. Sandiford, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 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 )Ss. On 120 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herAheir 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) SEE ATTACHED NOTORIAL CERTIFICATE ACKNOWLEDGMENT notary pveublic or other officer completing this c 'ficate rifies only the identity of the individual who ned the document to which this certificate is attached, nd not the truthfulness, accuracy, or validity of tha ocument. State of California County of On Notary Public, personally appea proved to me on the basis of satis subscribed to the within instrument same in his/her/their authorized ca instrument the person(s), or the enti instrument ss. 20 before pCe to be the person(s) whose name(s) is/are Medged to me that he/she/they executed the and that by his/her/their signatures(s) on the Kof which the person(s) acted, executed the I certify under PENALTY,,Pr PERJURY under the laws foregoing paragraph is tpw5 and correct. WITNESS my haXand official seal. Signature State of California that the Page '_'astern Surety Corgi, any POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know Ali Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey R Gryde, David B Sandiford, Individually of Laguna Niguel, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 19th day of July, 2016. WESTERN SURETY COMPANY EAV/p3 4£M OPµ ��•APaul T. Bmflat, Vice President State of South Dakota l County of Mumehaha Jj ss On this 19th day of July, 2016, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHR June 23, 2021 CERTIFICATE J. Mohr, Notary Public I, L, Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 28th day of Eehniaty g�a"�y1NEif WESTERN SURETY COMPANY �MpIPpOgq�I% �pz SE A�'p rN CAKE Form F4280-7-2012 L Nelson, Assistant Secretary CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Orange } On February 28th, 2018 before me Rosemarie Geiger ere nsert name and We of the officer) personally appeared David B. Sandiford who proved to me on the basis of satisfactory evidence to be the personfe}whose nameoa is/a+e-subscribed to the within instrument and acknowledged to me that hefehefthey executed the same in his/Ua4their authorized capacitA4&B} and that by hislne„"he;r-signature fe} on the instrument the person*, or the entity upon behalf of which the personr(a}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. T* 2 WITNESS m hand and official seal. n RO E GEIGER y Commission # 2101454 <:.m ; Notary Public - California z / '' a Orange County My Comm. Expires Feb 26, 2019 Notary Public Signature (Notary Public Seal) VY I IUNAL INFUKIVIA I (Title a description or attached document) ( I me or description on attad)ed tlmrrrert continued) N rrber of Peres_ Dxurrert Cate CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer le ❑ Partner(s) R) Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM ON This form complies with current Cal ifurnia statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states maybe completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. QState and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. Date of notarization must, be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. }rhe notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). ITIPnnt the name(s) of document signer(s) who personally appear at the time of notarization. Mndicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/sheAfHW,- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. Mrhe notary seal impression must be clear and photographically reproducible. Impression must not cover tat or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. QSignature of the notary public must match the signature on file with the office of the county clerk. Ell Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. M Indicate title or type of attached document, number of pages and date. IM Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). Msecurely attach this document to the signed documentwith a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 rc,eccrcuxrr,c;rFssrrr�'.e4c.%.�rac,�•cocccee.etecccaerrcrams-.ce.zrcrasercxaz>rcreft�� 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 Orange ) On 03/06/15 before me, Megan Featherston Notary Public Date Here Insert Name and Title of the Officer personally appeared Gennady Chizhik Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. MEGAN FEATHERSTON �,..... v;. Notary Public -California Orange County Commission # 2182170 My Comm. Expires Feb 3, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my handandofficial seal. �7 Signature >n ` t,tW t - Zt/k Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s):- -- -- -- C Partner — _ Limited General Individual - Attorney in Fact Trustee _ Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name: i= Corporate Officer --Title(s): — - C Partner — :1 Limited General Individual —Attorney in Fact Trustee Guardian or Conservator C Other: Signer Is Representing: X.'t4^�G44�:?i'E.(y`CG`[ASY:4'�:F7Cfi;CCC4`t%4+'4'�%CK.Z`44'�CRS`t`L^CS`K'c%C:t;t,.EL _(:<:t'U.'�sC.'�!)gl;e_C`�3G'CCL°()4'6'e49C.^4R'(•X.`t:(>eL'C4t'�(N:%V`��i< 02016 National Notary Association • www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Batch 3703249 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 2 of 4 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE +$ R 0 0 1 0 2 8 7 0 5 9$+ 2018000298574 2:32 pm 08115/18 47 NC -5 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and GMC Engineering, Inc., Tustin, California, as Contractor, entered into a Contract on February 27, 2018, Said Contract set forth certain improvements, as follows: Newport Elementary Playfield - C-8150-2 Work on said Contract was completed, and was found to be acceptable on August 14, 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. BY Public Works Dire for City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on'tet �� b at Newport Beach, California. F:31 https:Hgs.secure-recording.com/Batch/Confirmation/3703249 08/15/2018 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and GMC Engineering, Inc., Tustin, California, as Contractor, entered into a Contract on February 27, 2018. Said Contract set forth certain improvements, as follows: Newport Elementary Playfield - C-8150-2 Work on said Contract was completed, and was found to be acceptable on August 14, 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Western Surety Company. BY 1/z4A )� Public Works Dire for City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on / I Ulf/II/IAI� '✓t �'U' ° at Newport Beach, California. M CITY Cli"K CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 14th day of February, 2018, at which time such bids shall be opened and read for NEWPORT ELEMENTARY PLAYFIELD Contract No. 8150-2 $ 500,000 Engineer's Estimate Approd/ved by %V4 (/ Mark Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: hftp://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project. "A" For further information, call Patrick Arciniega, Project Manager at (949) 644-3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http //newportbeachca gov/government/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach NEWPORT ELEMENTARY PLAYFIELD Contract No. 8150-2 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)...................................................................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................10 NON -COLLUSION AFFIDAVIT..................................................................... 14 DESIGNATION OF SURETIES...................................................................... 15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................16 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER..................................................................... 19 NOTICE TO SUCCESSFUL BIDDER...........................................................................22 CONTRACT.................................................................................................................. 23 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach NEWPORT ELEMENTARY PLAYFIELD Contract No. 8150-2 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids) 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 via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ((LINE ITEMS to be completed via PlanetBids, Acknowledgement form must be signed) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 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. Original copies must be submitted to the City Clerk's Office by the Bid Opening Date. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated 3 quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time 4 period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. 739091 A, B Contractor's License No. & Classification Authorized Signature/Tite Gennady Chizhik, President 1000003957 6/30/2018 DIR Reference Number & Expiration Date GMC Engineering, Inc. Bidder b7 February 13, 2018 Date NEWPORT ELEMEMIARY PLAYFIELO Contract No, 8150-2 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally hold and firmly bound to tyre City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount Bid Dollars ($ 10% f, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT ELEMENTARY PLAYFIELD, Contract No. 8150-2 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 fonn(s) proscribed, including the required bonds, and original insurance certificates and endorserner" for the construction of the project within thirty (36) calandar days after the date of the mailing of 'Notification of Award", otherwise this obligation shall become null end 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 7th day of February , 2018. GMC Engineering, Inc. Name of Contractor (Principol) Western Surety Company Name of Surety 1455 Frazee Road, Suite 801, San Diego, CA 92108 _.. _..._ Address of Surety 619-6825-3550 Telephone Gennady KiizV , tressiiven t Y � Aut ofi-= A<gent S nature David B. Sandiford Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety mr"t be attachod) 0 See Attached Notorial Acknowledgment ACKNOWLEDGMENT •.Ae ........................................................................f.• State of`S County of On personally ss. before me, Notary Public, proved to me on the\upbehalf factory evidence to be the person(s) hose name(s) islare subscribed to the withiand acknowledged to me that he/sh ey executed the same in his/her/their authorifes), and that by his/herlthelr sign uros(s} on the instrument the person(s), or the ehalf of which the persan(s) note , exeCUed the instrument 1 cortlfy under PENALTY under the laws of the St a of California that the foregoing paragraph is true and WITNESS my hand and official seal. SIgnature .................................... Date of Document Type or Title of Document Number of pages in Document in a Foreign in(:;11) ...... t ................................. !NFORMA Thumbprint of Signer Type of Satisfactory Ev' ence: Personally Kn n with Paper Identification . Paper Ident cadon Credible tness(es) - - [] Crsack here it' Capacity of ner, no tnumbpnnl Tru so or ringorprint P " or of Attorney s available. EO/CFO/COO President / Vice -President ! Secretary 1 Treasurer Other: _ _ — ther Information. :. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey R Gryde, David B Sandiford, Individually of Laguna Niguel, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, as hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 16th day of June, 2015. eiy WESTERN SURETY COMPANY �r"��o,►�^qty OPaul T. BruBat, Vice President State of South Dakota ss County of Minnehaha On this 16th day of June, 2015, before me personally came Paul T. Brufiat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires /r\\\\NM4N\N\44N4N\4 S S. EICH February 12, 2021 ORICf S0UTH VA0TAes �^ , ',✓l, IVY' lU/,{1 �\N\\NN444\4N4NN\4I S. Eich, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 7th day of February , 2018 a WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form 1`4280-7-2012 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Orange } On Fehnia141?th- ?n11t before me, Rosemarie Geiger ere msed name and We of the officer) personally appeared David B. Sandiford who proved to me on the basis of satisfactory evidence to be the person*whose nameoe isfa+esubscribed to the within instrument and acknowledged to me that hefshekhey executed the same in his/,b�authorized capacity{ies} and that by hisAterAheii=signatures on the instrument the person{*, 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. ROSEMARIE GEIGER commission # 2101454 a ' �m s; Notary Public - California i Orange County County My Comn "- rn. Expires Feb 26, 2019 Notary Public Signature V (Notary Public Seal) drr AQUI IIVINAL VY IIVINAL IIVFVKIVIAI (Title or description of attached daan'mt) (Title ar description ofafladvc! document co1inued) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer e ❑ Partner(s) ® Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM ON This form complies with current Cal ifarnia statutes regarding notary warding and, if needed, should be completed and attached to the document. Acknowledgments from other states maybe completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. IMStale and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. mate of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. Mrhe notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). �nl the name(s) of document signer(s) who personally appear at the time of notarization. Mndicale the correct singular or plural forms by crossing off incorrect forms (i.e. he/sheMasy, is /ere) or circling the correct forms. Failure to corectly indicate this information may lead to rejection of document recording. Drhe notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. MSignamre of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is notmisused or attached to a different document. tib Indicate title or type of attached document, number of pages and date. t7 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). IMSecurely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 1 County of Orange j On February 8, 2018, before me, Sheila McCourtie Notary Public, personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the person(s,) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/&he/they executed the same in his/hen4heir authorized capacity(ies), and that by his/her4heir 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 State of California that the foregoing paragraph is true and correct. SHEILA MCCOURTIE COMM. #2171734 x s Nota Pub110 • California o WITNESS my hand and official seal. Oranpe County PLACE NOTARY SEAL ABOVE Though the information below is not required by law, it may prove valuable to persons relying on the document \ and could prevent fraudulent removal and reattachment of this form to another document. Description of at d document Title or type of document: Document Other than Named Above: \ City of Newport Beach NEWPORT ELEMENTARY PLAYFIELD Contract No. 8150-2 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 Contractors 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: �hOYI MASONRY INNOVATIONS, INC. P,O. Box 1624 MaSd�� Wildomar, CA 92595 \� 951-325-7950 DIR # 1000019257 Lic. # 961330 B & C29 Masonry Email Address: Name: Bravo Concrete Cons. Srvcs., Inc. poriiw 7� �1 a)a A'\ 681 W. La Cadena Drive $ - 101 Riverside, CA 92501 951-680-9009 fax: 951-680-9028 Flo Lic. # 856049 Contractor's Registration #: 1000001509 Email Address: Name: STARLIGHT SURVEYING, INC. 17955 SKY PARK CIRCLE, SUITF F IRVINE, �5 C ry CA 92614-6372 (949)757-0613 rT License No. 5848 Su vey DIR No. 1000014874 Email Address GMC Engineering, Inc. Bidder Authorized Signature/Title 9 Gennady Chizhik, President City of Newport Beach NEWPORT ELEMENTARY PLAYFIELD Contract No. 8150-2 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 "[SUtINA V1S I A LAINUSI.Af't P LA 1472 N. ST. ORANGE,, CA CA 92. 928 867 ac / �V✓t a�0n �� 714 771.-2563 20 2z �.IC:. /i 674472 C27 DBE 8 352.57 1 ardscape / Irrigation DIR Reference:\OdOOUt-13-k-o Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address GMC Engineering, Inc. Bidder Authorized Signa re/Title Gennady Chizhik, President 9 City of Newport Beach NEWPORT ELEMENTARY PLAYFIELD Contract No. 8150-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name GMC Engineering, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $100,000, provide the following information: No. 1 Project Name/Number Cantral Avenue Plaza Revitalization Project Description Survey, Concrete improvements, Pavers, Landscape/Irrigation Approximate Construction Dates: From October 2017 To: December 2017 Agency Name City of Newport Beach Contact Person Peter Tauscher Telephone 049) 644-3316 Original Contract Amount $ 380,000 Final Contract Amount $ 380,000 If final amount is different from original, please explain (change orders, extra work, etc.) N/A 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. N/A No. 2 Project Name/Number Phase 1 Trail Improvements SCE Corridor Project Description Grading, Paving, Electrical, Landscape/Irrigation Approximate Construction Dates: From July 2017 To: October 2017 Agency Name City of Buena Park Contact Person Chuck Winkle Telephone ( 71�743-7592 Original Contract Amount $1, 223, 847FinalContract Amount $ 1,246,774 If final amount is different from original, please explain (change orders, extra work, etc.) City requested change orders and extra work. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A No. 3 Project Name/Number Edison ROW Parking Lot Next to Medieval Times Project Description Clearing & grubbing; PCC/AC improvements, Signing & Striping Approximate Construction Dates: From July 2017 Agency Name City of Buena Park Contact Person Chuck Winkle To: October 2017 Telephone (714/ 743-7592 Original Contract Amount $1,932,83hnalContract Amount$ 2__ntn,928 If final amount is different from original, please explain (change orders, extra work, etc.) City requested change orders and extra work. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number Hetzler Road Pedestrian Trail Improvements Project Description Masonry block wall, cable railing, PCC stairs Approximate Construction Dates: From January 2017 To: June 2017 Agency Name City of Culver City Contact Person Mate Gaspar Telephone (31©) 253-5602 Original Contract Amount$ 1'202'22FinalContract Amount$ 1,312,557 If final amount is different from original, please explain (change orders, extra work, etc.) City requested change orders and extra work. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A No. 5 Project Name/Number Newport Blvd. Widening from 30th St to Via Lido Project Description Demolition, AC/PCC improvements, Lighting, Landscape/Irrigation Approximate Construction Dates: From February 2016 Agency Name City of Newport Beach June 2016 Contact Person Andy Tran Telephone (949 644-3315 Original Contract Amount $3,967,181inal Contract Amount $ 4,174,891 If final amount is different from original, please explain (change orders, extra work, etc.) City requested change orders and extra work. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A 12 No. 6 Project Name/Number 15th St / Balboa Blvd. Revitalization Project Description AC/PCC improvements, Storm drain, Decorative pavers Approximate Construction Dates: From January 2016 To: June 2016 Agency Name City of Newport Beach Contact Person Mike St. Clair Telephone (94� 270-8133 Original Contract Amount $2,746,40Final Contract Amount $2.995.815 If final amount is different from original, please explain (change orders, extra work, etc.) City requested change orders and extra work. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N/A Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. GMC Engineering, Inc. Bidder 13 ft�& Authorized Signat /Title Gennady Chizhik, President aiGIflEERINGIc GENERAL ENGINEERING CONTRACTOR Lic. No. 739091 A, B Re: Newport Elementary Playfield City of Newport Beach, Contract No. 8150-2 CONSTRUCTION MANAGEMENT TEAM MAY BE ASSIGNED FOR THE ABOVE REFERENCED PROJECT Gennady Chizhik — President Involved in Construction since 1979 Served as: Foreman, Superintendent Currently serving as: Estimator, Project Manager, and Field Engineer Oversees all aspects of GMC Engineering, Inc. J. Michael LaVoie — Estimator, Project Manager / Engineer Involved in Construction since 1990 Served as: Laborer, Field Engineer, Estimator, and Project Manager Currently serving as: Project Manager, Estimator, and Field Engineer Ernie Beas — Superintendent Involved in Construction since 1978 Served as: Laborer, Operator, Foreman, Superintendent Performed work in Grading, Concrete, AC and Wet Utilities Currently serving as: Superintendent in charge of selected GMC Field Operations, as well as scheduling and supervising Art Sanchez — Superintendent Involved in Construction since 1985 Served as: Laborer, Operator, Foreman, Superintendent Performed work in Grading, Concrete, AC and Wet Utilities Currently serving as: Superintendent in charge of selected GMC Field Operations, as well as scheduling and supervising 1401 Warner Avenue, Suite B, Tustin, California 92780 9 (714) 247-1040 • Fax (714) 247-1041 City of Newport Beach NEWPORT ELEMENTARY PLAYFIELD Contract No. 8150-2 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) Gennady Chizhik being first duly sworn, deposes and says that he or she is President ofthe party making the foregoing bid; that the bid is not made in the interest of, or on behel of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct GMC Engineering, Inc. vV Bidder Authorized Sign ure(Title Gennady Chizhik, President -Subscribed and sworn to (or affirmed) before me on this day of -�l 8 by I certify under PENALTY OF F paragraph is true and correct. SEE ATTACHED [SEAL] who appeared 14 me on the basis of of the State of California that the foregoing My Commission CALIFORNIA JURAT A notarypublic 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 Orange ) Subscribed and sworn to (or affirmed) before me on this 13th day of February 20 18 by Gennady Chizhik proved to me on the basis of satisfactory evidence to be the person( who appeared before me. SHEILA MCCOURTIE COMM. #2171734 z z Notary Public • California o = Orange County Comm, Ex Ire Nov, 13, 2020 e Signature T (Seal) Optional Information Alth'bsigh the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of thisjurat to an unauthorized and may ve useful to persons relying on the attached document. Description of Atta d Document 1 , This certificate is attached to 311u M ent titled/for the purpose of containing pages, and dated of Affiant Proved to on the basis of satisfactory evidence: rm(s) of identification O credible witness(es) Notarial event is detailed in notaryjournal on: Page If Entry N Notary contact: Other ❑ AfBant(s) Thumbprint(s) ❑ Describe: 0 Copyright 2007-2016 Notary Rotary, Inc. PO Box 41400, Des Moines, IA 50311-0507. All Rights Reserved, Item Number 101884. Please contact your Authorized Reseller to purchase copies of this form. City of Newport Beach NEWPORT ELEMENTARY PLAYFIELD Contract No. 8150-2 DESIGNATION OF SURETIES Bidder's name GMC Engineering, Inc. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): Western Surety Company JRG Surety & Insurance Agency 1455 frazee Rd. Suite 801 24382 Hilton San Diego, CA 92108 Laguna Niguel, CA 92677 (619)682-3512 (949)448-7910 David Sandiford, Agent 15 City of Newport Beach NEWPORT ELEMENTARY PLAYFIELD Contract No. 8150-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name GNC Engineering, Inc. 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. M Current Record Record Record Record Record Year of for for for for for Record 2017 2016 2015 2014 2013 Total 2018 No. of contracts 1 5 5 7 6 11 35 Total dollar Am Conttractsracts (in 454,998 7 mil 13.4 mil 16.5 mi 12.4 m 7 mil 56.7 mil Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving permanent 0 0 0 0 0 0 0 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. M Legal Business Name of Bidder GMC Engineering, Inc. Business Address: 1401 Warner Avenue, Ste. B, Tustin, CA 92780 Business Tel. No.: (714)247-1040 State Contractor's License No. and Classification: 739091 A, B Title President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder FM Date February 13, 2018 Title _ President 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. INOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 1 County of Orange j On February 13, 2018, before me, Sheila McCourtie Notary Public, personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the person(s) whose name( -s) isFare subscribed to the within instrument and acknowledged to me that he/sheAliey executed the same in his/hengheie authorized capacity(ies), and that by his/her4heir 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 State of California that the foregoing paragraph is true and correct. SREIIA MaOURTIE COMM. 02171734 z 0 Notary Public • California o WITNESS my hand and official seal. z Orange County ' I Comm, Ex kee Nov, 13 2020 /� � �////_ $IGNATUREe��� C�[.vL�C.a —ZebL PLACE NOTARY SEAL ABOVE �- ........................................................................................................................................................................................................................................................................................................................._...... Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description o tached document Title or type of Document than Named of Pages: City of Newport Beach NEWPORT ELEMENTARY PLAYFIELD Contract No. 8150-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name GMC Engineering, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: I Addendum No. I Date Received /i n S19nWwce I M City of Newport Beach NEWPORT ELEMENTARY PLAYFIELD Contract No. 8150-2 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: GMC Engineering, Inc. Business Address: 1401 Warner Avenue, Suite B, Tustin, CA 92780 Telephone and Fax Number: (714)247-1040 (714)247-1041 fax California State Contractor's License No. and Class: 739091 A, B (REQUIRED AT TIME OF AWARD) Original Date Issued: 8/11/1997 Expiration Date: 8/31/2m9 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Gennady Chizhik, President 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 Gennady Chizhik, President 1401 Warner Avenue, Ste. B (714)247-1040 Gennady Chizhik, Secretary 1401 Warner Avenue, Ste. B (714)247-1040 Gennady Chizhik, Treasurer 1401 Warner Avenue, Ste. B (714)247-1040 Corporation organized under the laws of the State of California ii The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: GMC Engineering, Inc. 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; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. N/A For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor co liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes 20 Are any claims or actions unresolved or outstanding? Yes <9 If yes to any of the above, explain. (Attach additional sheets, if necessary) NA Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. GMC Engineering, Inc. Bidder Gennady Chizhik (Print name of Owner or President of CorporatiQQ�n//C,aompany) -- Authorized Signature/Title Gennady Chizhik, President President February 13, 2018 Date On Feb. 13 ()_2 1 R before me, Sheila McCeurt' a Notary Public, personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the person(V) whose name(¢) is/To subscribed to the within instrument and acknowledged to me that he/IKV9'/ executed the same in his/WoF,royauthorized capacity(f§v, and that by his/heel/ r signature(') on the instrument the person(o, or the entity upon behalf c which the person(�� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public in and f r said My Commission Expires: Nov. 13, 2020 21 SHEILA BKOURM COMM. 02171734 z z Notary Public • California o Orange County �, Irt^Comm, Ea Ina Nov. 13 2020 MINEERINWG GENERAL ENGINEERING CONTRACTOR Lie. No. 739091 A, B RESOLUTION AUTHORIZING EXECUTION OF ANY CONTRACT BY PRESIDENT GENNADY CHIZHIK At a Meeting of the Board of Directors of GMC Engineering Inc. (hereinafter sometimes called Corporation), a corporation organized and existing by virtue of the laws of the State of California, duly called and held on the 41h of January, 2018, a quorum being present, consisting of the President and Secretary of the Corporation, Gennady Chizhik, the following Resolution was adopted: BE IT RESOLVED by the Board of Directors of this Corporation that its President, Gennady Chizhik, is hereby authorized, empowered, and directed to execute on behalf of this Corporation, and in its name, any contract. BE IT FURTHER RESOLVED, that any prior acts of said officer of the Corporation, in connection with the execution of any contract on behalf of the Corporation, are hereby confirmed and ratified. I, Gennady Chizhik, hereby certify and declare that I am the regularly and duly acting President and Secretary of GMC Engineering, Inc., a Corporation; that the Resolution above set forth was duly and regularly adopted by the Board of Directors of said Corporation at a Special Meeting of said Board of Directors, held in Tustin, California, on the 411 day of January, 2018; that the whole number of Board of Directors of said Corporation is one; that there were present at said meeting one Director; that all Directors present voted in favor of said Resolution, and that thereupon the Resolution was declared regularly adopted. Corporate Seal Gennady Chizhik President & Secretary of GMC Engineering Inc. Notarization Attached 1401 Warner Avenue, Suite B, Tustin, California 92780 a (714) 247-1040 a Fax (714) 247-1041 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 1 County of Orange j On February 13, 2018, before me, Sheila McCourtie Notary Public, personally appeared Gennady Chizhik who proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) ish" subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hem authorized capacity(ies), and that by his/hefAheie 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 State of California that the foregoing paragraph is true and correct. SHEILA MCCOURTIE oCOMM. 02171734 z Z Not Public • coldornis a Orange County ° Cantu, Exokos Nov. 13, 2M PLACE NOTARY SEAL ABOVE WITNESS my hand and official seal. the information below is not required by law, it may prove valuable to persons relying on the and could prevent fraudulent removal and reattachment of this form to another document. Description of at d document Title or type of document: Document Date: Signer(s) of Pages: City of Newport Beach NEWPORT ELEMENTARY PLAYFIELD Contract No. 8150-2 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property-Casuattv. 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. 22 NEWPORT ELEMENTARY PLAYFIELD CONTRACT NO. 8150-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 27th day of February, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GMC Engineering, Inc., a California corporation ("Contractor"), whose address is 1401 Warner Avenue, Suite B, Tustin, California 92780, 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 regrading play field, replanting field with sod, construction of new wall around field, and flatwork to improve the boardwalk alongside the field (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. 8150-2, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents'), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. 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 Five Hundred Twenty Thousand Five Hundred Twenty Dollars and 00/100 ($520,520.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER 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 Gennady Chizhik 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. 6. NOTICE OF CLAIMS 6.1 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 GMC Engineering, Inc. Page 2 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.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 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: Gennady Chizhik GMC Engineering, Inc. 1401 Warner Avenue, Suite B Tustin, CA 92780 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are GMC Engineering, Inc. Page 3 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 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor 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 Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 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 GMC Engineering, Inc. Page 4 of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract 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 Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 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 and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or GMC Engineering, Inc. Page 5 employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services 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 and/or Services, 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, volunteers and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract (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. GMC Engineering, Inc. 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 Section, City shall pay Contractor for Services satisfactorily performed and costs incurred GMC Engineering, Inc. Page 7 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 or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. GMC Engineering, Inc. Page 8 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] GMC Engineering, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORN Y' jQFFICE Date: By: Aaron C. Harp a Ln r City Attorney ATTEST: o Date: 3 15.19 BrownBy: 44i� I L6ila-ni 1. City Clerk Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: y Marshall "Du y" Duff eld Mayor CONTRACTOR: GMC Engineering, Inc., a California corporation Date: 34-If By: �'k A�:' Gennady Chizhik President/Secretary [END OF SIGNATURES] Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements GMC Engineering, Inc. Page 10 Contract #: 8150-2 Premium: Included EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 30003836 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to GMC Engineering, Inc. hereinafter designated as the "Principal," a contract for Newport Elementary Play -field in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of (1.) Dollars ($ 520,520.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of Califomia. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Page A-1 (1.) Five Hundred Twenty Thousand Five Hundred Twenty and 00/100's 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 28th day of February , 2018 . GMC Engineering, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 1455 Frazee Road, Suite 801, San Diego, CA 92108 Address of Surety 619-682-3550 Telephone APPROVED AS TO FORM: CITY ATTOR IEYJ OFFICE Date: 77 Aaron C. Harp City Attorney rim David B. Sandiford, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 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 ) ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SEE ATTACHED NOTORIAL CERTIFICATE ACKNOWLEDGMENT notary public or other officer completing this c 'ficate verifies only the identity of the individual who ned the document to which this certificate is attached, nd not the truthfulness, accuracy, or validity of tha ocument. State of California County of On Notary Public, personall) _)ss. 20 before (seal) proved to me on the basis of satis ry evide a to be the person(s) whose name(s) is/are subscribed to the within instrument an c wledged to me that he/she/they executed the same in his/her/their authorized capacit and that by his/her/their signatures(s) on the instrument the person(s), or the entit pon be of which the person(s) acted, executed the instrument I certify under PENALTY PERJURY under the laws the State of California that the foregoing paragraph is t and correct. WITNESS my haKand official seal. Signature -w Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey R Gryde, David B Sandiford, Individually of Laguna Niguel, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 19th day of July, 2016. gSYPEi°y'C4y WESTERN SURETY COMPANY krPaegq�li OPN� ,+..OPaud T. Brufla[, Vice President State of South Dakota 1 ss )j County of Minnehaha On this 19th day of July, 2016, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say; that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J. MOHH June 23, 2021 (axo,.nroearca J. Mohr, Notary Public CERTIFICATE 1, L, Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in farce. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 28th day of February 2017 yrjPEiY �, WESTERN SURETY COMPANY =N' oPPOggt�;� E�f�sE ,, pY pPµe �. Form F4280-7-2012 L. Nelson, Assistant Secretary CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Orange } On February 28th, 2018 before me Rosemarie Geiger ere insert name and Me ot the officer) personally appeared David B. Sandiford who proved to me on the basis of satisfactory evidence to be the persons whose nameos isA&Fe-subscribed to the within instrument and acknowledged to me that hefshefkhey executed the same in his w4ha—lr-authorized capacity{ie , and that by hisfhe#tf�e*sign ature(4 on the instrument the person*, 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. -@-T-150)m ROSEMARIE GEIGER WITNESS my hand and official seal. commiaalon # zlotnsa NotaryPublic - California z Orange County D My Comm. Expires Feb 26, 2019 Notary Public Signature �— (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION �• i • • ' ' • �� �•• - (ritle a desaiaian detached courant) (Title or desaiaion of attached docunent omtinued) � Ana ��• - �: - CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer le ❑ Partner(s) ® Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM Ibis form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states maybe completed for documents being sent to that state so long as the wording does not require the California notaryto violate California notary law. OState and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. Date of notarization must be the date that the sign w(s) personally appeared which must also be the same date the acknowledgment is completed. Orhe notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). mint the name(s) of document signer(s) who personally appear at the time of notarization. Mridicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. Qfhe notary seal impression must be clear and photographically reproducible. Impression must not cover text or Imes. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. MSignature of the notary public must match the signature on file with the office of the county clerk. I Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. I❑ Indicate title or type of attached document, number of pages and date. l Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). IluSecurely attach this document to the signed documentwith a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .r�acccrcrccc;.c.4rsrcrec;rrrrenr<r.cvmrerzcc:.rcccrarTrecxcar.<>cc.'cca<s.�ccrhr.�,rrarcwc�eccccceccarcccsccs 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 Orange ) On 03/06/18 before me, Megan Featherston Notary Public Date Here Insert Name and Title of the Officer personally appeared Gennady Chizhik Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herAheir 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. MEGAN FEATHERSTON ±Y-• Notary Public - California Orange County Commission # 2182170 1! My Comm. Expires Feb 3, 2021 ' rww Place Notary Seal Above 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. 7� Signature 1%1 v-�i wl r� ��V l Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C Corporate Officer — Title(s):- Partner — � Limited - General Individual Attorney in Fact - Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name: 1. Corporate Officer — Title(s): Partner — �] Limited General Individual -Attorney in Fact Trustee Guardian or Conservator C Other: Signer Is Representing: %C'r'4'=<:`44'<t4 `-L .G!"G<'<; ['Ce:4`�t,'cti+.-4<•:.<,G '4! C[,!(Xt',x,xZ(xX. uc,ut=G:,`i,.l,,XXv,X.<:<Y,.V 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 45907 Contract #: 8150-2 EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 30003836 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ $5,622.00 , being at the rate of $ 10.80 per thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to GMC Engineering, Inc. hereinafter designated as the "Principal," a contract for Newport Elementary Playfield in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Western Surety Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of (1-) Dollars ($ 520,520.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnity, 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. 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 (1.) Five Hundred Twenty Thousand Five Hundred Twenty and 00/100's Page B-1 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 28th day of February ,2018 . GMC Engineering, Inc. F' Y " Name of Contractor (Principal) Authorized Signatu e/Title Ger�nad� CJn:�4,; -Fus; Western Surety Company Name of Surety &thdg t Si atu 1455 Frazee Road, Sude 801, San Diego, CA 92108 Address of Surety 619-682-3550 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:�i15 ����� • Aaron'C. Harp City Attorney David B. Sandiford, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 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 ) ss. On 120 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT (seal) A otary public only officer completing this SEE ATTACHED cern i verifies only the identity of the individual who sign the document to which this certificate is attached, an of the truthfulness, accuracy, or / validity of that doc ant. State of California County of On Notary Public, personally appeared . proved to me on the basis of satisf, subscribed to the within instrument same in his/her/their authorized instrument the person(s), or the ti instrument. SS. TE ory idence to be the person(s) whose name(s) is/are ackn edged to me that he/she/they executed the c'ty(ies), an hat by his/her/their signatures(s) on the upon behalf of ch the person(s) acted, executed the certify under PEN13kTY OF PERJURY under the laws of the foregoing paragr is true and correct. hand and official seal. Signature of California that the (seal) Page B-3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Orange } On February 28th, 2018 before me Rosemarie Geiger ere insed name and t9le of the officer) personally appeared David B. Sandiford who proved to me on the basis of satisfactory evidence to be the person(owhose name{sj-W&Fe-subscribed to the within instrument and acknowledged to me that hei'shefthey executed the same in his/#o4he+-authorized capacity(iee) and that by hisn-.r,ert„e4f-signature(s} on the instrument the person*, 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. ROSEMARIE GEIGER WITNESS my hand and official seal. commission u 2101454 Notary Public - California i z Orange County My Comm. Expires Feb 26, 2019 .••tea v®r+ Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING TIES FORM 7lrisfarm complies with current California statutes regarding notarywording and, DE9MPTICNCETI-.EATTPIC E3DDO; LMB\1T if needed, should be completed and attached to the document. Acknowledgments from other states maybe completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description ofattached document) IEState and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. mate of notarization must be the dale that the sign er(s) personally appeared which (Title or description d attached document mtinued) must also be the same date the acknowledgment is completed. MI'he notary public must print his or her name as it appears within his or her Nxrbu of Pbiges_Doarrrert We commission followed by a comma and then your title (notary public). ITIPrint the name(s) of document signer(s) who personally appear at the time of notarizal.ion. CAPACITY CLAIMED BY THE SIGNER Ci}ndicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /ere) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer Mrhe notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, reseal if a I e sufficient area permits, otherwise complete a different acknowledgment Form. ❑ Partner(s) I]Signature of the notary public must match the signature on file with the office of the county clerk. R) Attorney -in -Fact lI Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is notmisused or attached to adifferent document. N1 Indicate title or type of attached document, number of pages and date. Other ❑ Ell Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version w:.w.NotaryClasses.com 800-873-9865 [TiSecurely attach this document to the signed document w ith a staple. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey R Gryde, David B Sandiford, Individually of Laguna Niguel, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 19th day of July, 2016. sbpEr;. WESTERN SURETY COMPANY jfpa0gq'�O;c �rN OPMd `"�.,,.•APaul T. Bmflat, Vice President State of South Dakota County of I as On this 19th day of July, 2016, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the said of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires J.MOHR �60a1HMxOiAS June23,2021 J. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 28th day of February . 2i11 7 NEi} WESTERN SURETY COMPANY 2 C PPPPPP r� CA L. •p t L. Nelson, Assistant Secretary Form F4280-7-2012 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 r.rrzrer,Focicxcssr,��cc�rce<xcrceccxtrcr..:ccY,-.r�:ccxc.ccr�c:rraccrsc�ce,zrecrrcrcx�cecrrccrcrcc�ecncac 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 Orange ) On 03/06/18 before me, Megan Featherston Notary Public Date Here Insert Name and Title of the Officer personally appeared Gennady Chizhik Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MEGAN FEATHERSTON Votary Public - California My Comm. Expires Feb 3, 2021 Place Notary Seal Above 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 Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s):- - Partner — .- Limited General Individual —Attorney in Fact Trustee _ Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name: I. Corporate Officer — Title(s): 'Partner — 71 Limited - General Individual - Attorney in Fact Trustee Guardian or Conservator C Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. 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 GMC Engineering, Inc. Page C-1 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 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. GMC Engineering, Inc. Page C-2 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 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 GMC Engineering, Inc. Page C-3 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 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. 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 GMC Engineering, Inc. Page C-4 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. GMC Engineering, Inc. Page C-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 3/1/18 Dept./Contact Received From: Raymund Date Completed: 3/7/18 Sent to: Raymund By: Jan Company/Person required to have certificate: GMC Engineering Inc Type of contract: Other I. GENERAL LIABILITY ® Yes EFFECTIVE/EXPIRATION DATE: 10/1/17— 10/1/18 D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 A. INSURANCE COMPANY: Travelers Property Casualty Company of America B. AM BEST RATING (A-: VII or greater): A++/ XV C. ADMITTED Company (Must be California Admitted): (What is limits provided?) Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M $2M E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must ❑ No H. HIRED AND NON -OWNED AUTO ONLY: include): Is it included? (completed Operations status does ❑ Yes ❑ No not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No IL AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/1/17— 10/1/18 A. INSURANCE COMPANY: Travelers Property CasualtyCompany ofAmerica 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 $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. ADDITIONAL INSURED WORDING: ❑ N/A ® Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A ® Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: ® N/A ❑ Yes ❑ No I. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/1/17 —10/11/18 A. INSURANCE COMPANY: Travelers Property Casualty Company of America 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 - NOT PROVIDED HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Broker of record for the City of Newport Beach 3/7/18 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ❑ Yes ® No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 011 A=I►I71 t] X11193K NEWPORT ELEMENTARY PLAYFIELD CONTRACT NO. 8150-2 DATE: 2-2-1? TO: ALL PLANHOLDERS BY: Cit�gineer The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. CORRECTED BIDDER'S BOND FORM • Replace Page six (6) of the Bid Submittal Packet (Bidder's Bond) with the corrected Bidder's Bond Form. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. GMC Engineering, Inc. Bidder's Name (Please Print) February 2, 2018 Date Authorized SignattYre & Tit Gennady Chizik, President CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 114 a RN/ ADDENDUM NO. 2 NEWPORT ELEMENTARY PLAYFIELD CONTRACT NO. 8150-2 DATE: re l/ 20/y BY: O�VV& Cit Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. Proposal (Line Items) — Project will be awarded on BASE BID without Optional Item. Bid item descriptions and quantities have been modified and have been revised as follows: No. 5: Excavate and export earthwork (based on 6" topsoil) No. 6: Earthwork/Finish Grading No. 7: Furnish 6" Class A topsoil No. 10: Concrete 8" PCC Swale No. 12: 2" AC Pavement Overlay No. 14: Construct asphalt concrete pavement No. 22 Provide 30 -day establishment & 240 -day maintenance QTY: 1,130 CY QTY: 1 Lump Sum QTY: 680 CY QTY: 100 LF QTY: 150 TN QTY: 200 TN QTY: 1 Lump Sum SPECIAL PROVISIONS Modify and Replace the following Items under Special Provisions Seciton 9-3 PAYMENT, 9-3.1 General: Item No. 5 Excavate and Export Earthwork (based on 6" topsoil): Work under this item shall include, but not be limited to, the cost of all labor, tools, equipment and incidentals for doing all work involving loading disposing of surplus materials, excavating, compaction, soils testing, stockpiling and hauling it to its final location. This bid item will be paid for by cubic yard. Item No. 6 Earthwork/Finish Grading: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, shaping and removing irregular landforms and erosion damage to meet the finish grade requirements, and present a smooth and properly drained landscape surface, soil amendments and all other work items as required to complete the work in place. Item No. 7 Furnish 6" Class "A" Topsoil: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, furnishing and installing 6" Class A top soil, grading, sample testing, and all other work items as required to complete the work in place. Item No. 14 Construct Asphalt Concrete Pavement: Work under this item shall include, but not be limited to, subgrade compaction, furnishing, installing and compacting asphalt concrete pavement and all labor, tools, equipment and material costs for asphalt concrete pavement shown on the construction plans and specification as required to complete the work in place. Item No. 22 Provide 30 -Day Establishment & 240 -Day Maintenance Period: Work under this items shall include, but not be limited to the cost of all labor, equipment and materials including, but not limited to manpower, fertilizers, irrigation system inspection and operation, plant materials, supervision and all other items necessary to establish and maintain the landscaping or the entire maintenance period. PLANS: On Page 15 of 17, Delete CONSTRUCTION NOTES/QUANTITIES listing on upper right of sheet. Also Delete EARTHWORK QUANTATIES table on right side of sheet. Bidders must sign this Addendum No. 2 and attach it to the bid proposal. No bid will be considered unless this signed Addendum is attached. I have carefully examined this Addendum and have included full payment in my Proposal. GMC Engineering, Inc. Bidder's Name (Please Print) February 9, 2018 Date Aythor�ec Siguturf & Ti le enna y hiz i rest ent City of Newport Beach Page 1 NEWPORT ELEMENTARY PLAYFIELD (C-8150-2), bidding on February 14, 2018 10:00 AM (Pacific) Pnnted 02/14/2018 Bid Results Bidder Details Vendor Name GMC Engineering Inc. Address 1401 Warner Avenue _ Suite B Tustin, CA 92780 United States Respondee Gennady Chizhik Respondee Title President Phone 714-247-1040 Ext. Email gennady@gmceng.net Vendor Type License # CADIR Bid Detail Bid Format Electronic Submitted February 14, 2018 9:52:31 AM (Pacific) Delivery Method ' Bid Responsive Bid Status Submitted Confirmation # 131087 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Documents Bid Submittal C-8150-2 GMC Engineering Inc.pdf General Attachment Bid Bond Newport Beach - Executed Bid Bond.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Main Bid 1 Mobilization and Demobilization LS 1 $46,000.00 $46,000.00 2 Traffic Control LS 1 $17,000.00 $17,000.00 3 Clean and Grub Site LS 1 $21,700.00 $21,700.00 4 BMP's Storm Water Pollution Prevention Plan LS 1 $4,650.00 $4,650.00 5 Excavate and Export Earthwork (based on 6" topsoil) CY 1130 $32.00 $36,160.00 City of Newport Beach Page 2 NEWPORT ELEMENTARY PLAYFIELD (C-8150-2), bidding on February 14, 2018 10:00 AM (Pacific) Printed 02/14/2018 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Earthwork/Finish Grading LS 1 $22,750.00 $22,750.00 7 Furnish 6" Class A Topsoil CY 680 $45.00 $30,600.00 8 Remove and Replace 6" PCC Sidewalk W=5.5' SF 715 $19.40 $13,871.00 9 Construct 6" PCC Sidewalk W=6' SF 2220 $12.30 $27,306.00 10 Concrete 8" PCC Swale LF 100 $151.00 $15,100.00 11 Remove Existing Asphalt Concrete SF 5500 $2.75 $15,125.00 12 2" AC Pavement Overlay TN 150 $110.00 $16,500.00 13 Remove Basketball Court LS 1 $1,750.00 $1,750.00 14 Construct Asphalt Concrete Pavement TN 200 $110.00 $22,000.00 15 Construct 4" Sub Drain LF 400 $27.00 $10,800.00 16 Construct 6" PCC Curb for AC Edge LF 60 $88.00 $5,280.00 17 Remove Existing Block Wall and Dispose LF 150 $21.50 $3,225.00 18 Construct Splitface CMU Wall LF 510 $174.00 $88,740.00 19 Remove/Install Signs LS 1 $4,000.00 $4,000.00 20 Furnish and Install Irrigation LS 1 $42,513.00 $42,513.00 21 Furnish and Install Landscaping SOD LS 1 $57,000.00 $57,000.00 -'ar�tcidi we City of Newport Beach NEWPORT ELEMENTARY PLAYFIELD (C-8150-2), bidding on February 14, 2018 10:00 AM (Pacific) Bid Results Type Item Code uOM City Unit Price 22 Provide 30 -Day Establishment and 240 -Day Maintenance Period LS 1 $15,950.00 23 Provide As -Built Drawings LS 1 $2,500.00 Subtotal OPTIONAL ITEM 24 OPTIONAL ITEM: (1) Additional Flagmen LS Subcontractors Name & Address Description Starlight Surveying, Inc. Survey 17955 Sky Park Circle Suite F Irvine, CA 92614 United States Masonry Innovations, Inc. Masonry PO Box 1624 Wildomar, CA 92595 United States Buena Vista Landscape, Inc. Landscape/Irrigation 1472 N. Harding St Orange, CA 92867 United States Bravo Concrete Const Concrete Services, Inc. 681 W La Cadena Drive Riverside, CA 92501 United States License Num 5848 961330 674472 856049 1 $22,500.00 Subtotal Total CADIR 1000014874 1000019257 1000004770 1000001509 Page 3 Printed 02/14/2018 Line Total Comment $15,950.00 $2,500.00 $520,520.00 $22,500.00 $22,500.00 $543,020.00 Amount Type $6,000.00 $75,480.00 $90,000.00 $49,472.00 DGS PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT ELEMENTARY PLAYFIELD CONTRACT NO. 8150-2 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 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 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 6-7.2 Working Days 6-7.4 Working Hours 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services 7-7 COOPERATION AND COLLATERAL WORK 7-8 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) 7-10 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 Page 1 of 63 1 5 5 5 5 5 5 5 5 I 6 6 7 7 7 7 7 7 8 8 8 9 9 9 9 10 10 10 10 11 11 11 11 12 7-10.5 "No Parking' Signs 12 7-10.6 Notices to Residents 13 7-15 CONTRACTOR'S LICENSES 13 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 13 SECTION 9 - MEASUREMENT AND PAYMENT 14 9-3 PAYMENT 14 9-3.1 General 14 PART 2 CONSTRUCTION MATERIALS 17 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 17 201-1 PORTLAND CEMENT CONCRETE 17 201-1.1.2 Concrete Specified by Class 17 201-2 REINFORCEMENT FOR CONCRETE 17 201-2.21 Reinforcing Steel 17 SECTION 203 - BITUMINOUS MATERIALS 17 203-5 Emulsion -Aggregate Slurry 17 203-5.2 Materials 17 203-5.3 Composition and Grading 18 203-6 Asphalt Concrete 18 PART 3 CONSTRUCTION METHODS IS SECTION 300 ---EARTHWORK 18 300-1 CLEARING AND GRUBBING 19 300-1.3 Removal and Disposal of Materials 19 300-1.3.1 General 19 300-1.3.2 Requirements 19 300-1.5 Solid Waste Diversion 19 SECTION 302 ---Roadway Surfacing 20 300-4 Emulsion -Aggregate Slurry 20 300-4.3 Application 20 300-4.3.1 General 20 300-4.3.2 Spreading 20 300-4.3.3 Field Sampling 20 302-5 Asphalt Concrete Pavement 21 302-5.1 General 21 302-5.4 Tack Coat 21 302-4.3.2 Spreading 21 302-6 Portland Cement Concrete Pavement 21 302-6.6 Curing 21 SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 21 303-1.1 Concrete Structures 21 303-5.5 Finishing 21 303-5.5.1 General 22 303-5.5.2 Curb 22 303-5.5.4 Gutter 22 Page 2 of 63 SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General 22 22 SECTION 310 ---PAINTING 24 310-5.6 PAINTING TRAFFIC STRIPING, PAVEMENT MARKINGS, AND CURB MARKING 24 310-5.6.6 Preparation of Existing Surfaces 24 310-5.6.7 Layout, Alignment, and Spotting 24 310-5.6.8 Application of Paint 24 310-5.6.11 Pavement Markers 25 SECTION 312 ---PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT Appendix A — California Coastal Permit Special Provisions Storage Supplemental Appendix B — Landscape Special Provisions Supplemental Page 3 of 63 25 25 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT ELEMENTARY PLAYFIELD CONTRACT NO. 8150-2 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 -5244-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased from Building News, Inc., 990 Park Center Drive, Suite -E, Vista, CA 92081, 760-734-1113. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of regrading play field, replanting field with sod, construction of new wall around field and flatwork to improve the boardwalk alongside the field." 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Page 4 of 63 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 Bert Haze and Associates, Inc and can be contacted at (714) 557 - 1567. 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. SECTION 4 - CONTROL OF MATERIALS Page 5 of 63 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." 5-2 PROTECTION Add the following: In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed. 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: Page 6 of 63 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 85 consecutive working days after the date on the Notice to Proceed anticipated to be issued on April 16, 2018. The plant establishment period is 30 consecutive calendar days and shall commence after the Engineer has determined the work as completed and accepted. The plant maintenance period is 240 consecutive calendar days and shall commence after the Engineer has determined the plant establishment phase as completed and accepted. Contractor shall maintain NMUSD's regular schedule of mowing field Friday mornings from 8am — 9am. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6.7.1.2. Order of Work. Plant material shall not be installed until the irrigation system has been tested and accepted by the Engineer. 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours Page 7 of 63 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 4:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00 . Additionally, the Contractor shall pay $2,500 or have withheld from moneys due it, the daily sum of $2,500 for each day the Boardwalk extension work is not completed. Construction delays will cause extensive disruption to the elementary school schedule as well as increase safety risks for students. Many children ride their bikes to school and would be adversely affected by construction while school is in session. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6-11 SEQUENCE OF CONSTRUCTION 6-11.1 Sequencing Construction of Field Rehabilitation. In order to work around the School's schedule, the Contractor will be required to construct the field in two phases so that the schoolchildren can safely access the playground for daily activities while the Contractor is working on adjacent field and fencing. Page 8 of 63 Construction sequence: School Spring Break: April 16, 2018 — April 20, 2018 1. Complete concrete improvements to boardwalk expansion between 13th and 14th Street. The 6 foot wide boardwalk expansion shall be open for public use by Monday April 23, 2018 along with a site security fencing around project area. Remainder of school year: after April 23, 2018 1. After boardwalk expansion and site fencing, Contractor shall complete asphalt improvements on east side or project site within basketball court areas and have that restored for school use as soon as possible. 2. After basketball asphalt restoration, Contractor shall complete the remainder of the work including field rehabilitation, sod planting, and seat wall construction through the remainder of the school year. 3. Contractor shall maintain construction fencing around field throughout construction and provide flag persons during material and equipment deliveries in and around the school 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 an $1,073.21 -meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water 7-7 COOPERATION AND COLLATERAL WORK Page 9 of 63 Add to this section: City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days' notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangement for the delivery of salvaged materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011." 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. In addition to storage within fenced construction area, the Contractor may use the 13th Street end area from alley to board walk as equipment and material storage and deliveries. If contractor chooses to use 13th street for storage construction fencing should be provided. The Contractor shall obtain the Engineer's approval of any other 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 trekated 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." Page 10 of 63 7-8.6.2 Best Management Practices (BMPs) SEE APPENDIX 'A' FOR TECHNICAL SPECIFICATIONS IN ADDITON TO THE FOLLOWING MODIFICATIONS 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. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice when pedestrian access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." Page 11 of 63 7-10.3 Street Closures, Detours and Barricades Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. During construction of the boardwalk expansion, the contractor will be allowed to close the boardwalk along Ocean Front West, between 14th Street and 13th Street during work hours. The Contractor shall make special accommodations to provide access for the public by re-routing pedestrian and bike traffic out onto Balboa Boulevard by means of a sidewalk/ bike path diversion, around the school and back onto the boardwalk. Contractor will be allowed to close parking in front of Newport Elementary between 14th Street and 13th Street. To accommodate sidewalk/bike path diversion between 14th Street and 13th Street, Contractor schedule will minimize the time that the boardwalk is closed. Boardwalk to be open during non -working hours. 5. First phase of work (sidewalk and boardwalk expansion improvements) shall be constructed during Spring Break: April 16, 2018 —April 20, 2018. 6. After school returns from break contractor will need to maintain a separate path of travel for school children from gates delineated with traffic delineators on the newly expanded 6 -foot wide boardwalk area so that the students can safely travel across the boardwalk and out onto the playground area. 7. Optional Traffic Control: Contractor shall provide optional cost to have 1 -full time flagmen/crossing guards each day to assist school staff with pedestrian boardwalk traffic control. Traffic flagmen/crossing guard will be required daily for the full 3 month duration of the project between 9:00 a.m. and 3:00 p.m. 7-10.4 Safety 7-10.4.1 Safety Orders Page 12 of 63 Add to this section: The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. Add the following Section 7-10.6 Notice to Residents 7-10.6 Notices to Residents 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. Page 13 of 63 Add the following Sections: 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a Class A License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. Add the following Section 7-16 Contractor's Records/As-built Drawings 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built' drawings. The "As -Built' shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." 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 and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but Page 14 of 63 not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Contractor will be required to enclose the field area with construction fencing for duration of project. Item No. 2 Traffic Control: Work under this item shall include, but not be limited to, the cost of all labor, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans and providing the traffic control required by the project including, but not limited to: signs, cones, barricades, flashing arrow boards, flagpersons as required to maintain adequate traffic flow. 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 Clear and Grub Site: Work under this item shall include, but not be limited to, the cost of all labor, equipment and material for removing and disposing of the existing appurtenances, plant materials, tree trunks and roots, rodents and any rodent damage, debris; and all other work items as required to complete the work in place. Item No. 4 Stormwater Pollution Prevention Plan: Work under this item shall include, Implementing, furnishing materials, maintaining devices in accordance with general practice, and all other work items as required for performing the work complete in place. Item No. 5 Excavate and Export Earthwork: Work under this item shall include, but not be limited to, the cost of all labor, tools, equipment and incidentals for doing all work involving loading disposing of surplus materials, excavating, compaction, soils testing, stockpiling and hauling it to its final location. This bid item will be paid for by cubic yard. Item No. 6 Import Fill Earthwork and Install Finish Grade: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, shaping and removing irregular landforms and erosion damage to meet the finish grade requirements, and present a smooth and properly drained landscape surface, soil amendments and all other work items as required to complete the work in place. Item No. 7 Furnish and Install 12" Minimum Depth Class "A" Topsoil: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, furnishing and installing 12" Class A top soil, grading, sample testing, and all other work items as required to complete the work in place. Item No. 8 Remove and Construct 6" PCC Sidewalk (W=5.5') With Modified Footing: Work under this item shall include, but limited to, sawcutting, removing and proper disposal of the existing P.C.C. sidewalk, the cost of all labor, tools, equipment and material costs for sidewalk shown on the construction plans and all other work Page 15 of 63 items as require to complete the work in place. This bid item will be paid for by square feet. Item No. 9 Construct 6" PCC Boardwalk Expansion Sidewalk (W=6') With Modified Footing: Work under this item shall include, but limited to, the cost of all labor, tools, equipment and material costs for construction of sidewalk shown on the construction plans and all other work items as require to complete the work in place. This bid item will be paid for by square feet. Item No. 10 Construct 8" Thick PCC Swale: Work under this item shall include, but not be limited to, the cost of all labor, tools, equipment and material costs for concrete swale shown on the construction plans sheet 16, details and specification including, but not limited to, full compensation for soil compacting and all other work items as required to complete the work in place. This bid item will be paid for by linear feet. Item No. 11 Remove Asphalt Concrete Pavement: Work under this item but not be limited to, sawcutting and removing existing asphalt concrete pavement, removal and proper disposal of AC material and existing pavement fabric, and all other work items required for performing the work complete and in place. Item No. 12 2" AC Pavement Overlay: Work under this item but not be limited to, cold mill as needed (as determined by Engineer), removal of existing striping, furnishing and applying tack coat, furnishing and installing asphalt concrete pavement (Type III C2 -PG 64-10, removal and proper disposal of AC material and existing pavement fabric, and all other work items required for performing the work complete and in place. Item No. 13 Remove Basketball Court: Work under this item but not be limited to, sand blasting and removing existing court striping, removal and proper disposal of basketball poles and all other work items required for performing the work complete and in place. Item No. 14 Construct Asphalt Concrete Pavement: Work under this item shall include, but not be limited to, subgrade compaction, furnishing, installing and compacting asphalt concrete pavement and all labor, tools, equipment and material costs for asphalt concrete pavement shown on the construction plans and specification as required to complete the work in place. This bid item will be paid for by square feet. Item No. 15 Construct 4" Sub drain: Work under this item but not be limited to, all labor, material and equipment as required to install the 4 inch PVC sub drain, including: pipe, bends, fittings, gaskets, couplings, cleanouts, excavation, bedding recompaction, connections and all other work items required for performing the work complete and in place. Item No. 16 Construct 6" PCC Curb for AC Edge: Work under this item shall include, but not limited to, grading, compacting subgrade, the cost of all labor, tools, equipment and material costs for concrete curb shown on the construction plans and all Page 16 of 63 other work items as required to complete the work in place. This bid item will be paid for by linear feet. Item No. 17 Remove Existing Block Wall and Dispose: Work under this item shall include removing, and proper disposal of the exiting block wall and footing and all other work items as required for performing the work complete and in place. Item No. 18 Construct Split Face CMU Wall with Capstone and Skate Stopper: Work under this item shall include, but not be limited to, the cost of all labor, tools, equipment to perform all work necessary excavate, backfill, grade, form, place required steel reinforcement, cure complete in place for concrete masonry unit (CMU) wall shown on the construction plans with capstone and skate stoppers. This bid item will be paid for by linear feet. Item No. 19 Remove/Replace and Install Signs: Work under this item shall include removing, acquiring, storing, and installing signs and posts and all other work items required for performing the work complete and in place. Item No. 20 Furnish and Install Irrigation System: Work under this item shall include, but not be limited to, furnishing and installing irrigation equipment, and materials including piping, valves, heads, fittings, delivery, storage, placement, and all other items as required to complete the work in place. Item No. 21 Furnish and Install Landscaping (Sod): Work under this item shall include, but not be limited to, furnishing and installing sod Paspalum vaginatum (Seashore Paspalum), transportation, delivery, storage, placement, soil amendments, providing sod submittal photos documentation, and all other items as required to complete work in place. Item No. 22 Provide 30 -Day Establishment & 240 -Day Maintenance Period: Work under this items shall include, but not be limited to the cost of all labor, equipment and materials including, but not limited to manpower, fertilizers, irrigation system inspection and operation, plant materials, supervision and all other items necessary to establish and maintain the landscaping or the entire maintenance period. Item No. 23 Provide As -Built Drawings: Work under this item shall include but not be limited to, all labor, tools equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $2,500 is determined for this bid item. The intent of this preset amount is to emphasize the Contractor the importance of as -build drawings. Item No. 24 (Optional Traffic Control) Additional Flagmen/Crossing Guards: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for contractor to provide 1 additional flagmen/crossing guard dedicated to providing traffic control on the boardwalk for children crossing from school to Page 17 of 63 playground between 9:00 and 3:00 during school days for duration of construction schedule and all other work items as required to complete the work in place. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - CONCRETE. MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class Add to this section: Portland Cement concrete for construction shall be Class 560-C- 3250. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel 201-2.2.1 Reinforcing Steel Add to this section: All concrete reinforcing bars shall be Grade 60 epoxy -coated according to ASTM A775 latest revision with 2 -inch minimum cover unless shown otherwise on the plans. All concrete reinforcing wire shall be epoxy coated according to ASTM A884 latest revision. All epoxy coated rebar patching material shall be compatible with the coating material, inert in concrete, meet the requirements of Annex Al of ASTM A775, and obtained from the manufacturer of the epoxy resin that was used to originally coat the rebars. Ship epoxy -coated rebars with only plastic tags secured to rebars by nylon or plastic ties. 201-7 NON -MASONRY GROUT 201-7.2 Quick Setting Grout Page 18 of 63 Add to this section: The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout. SECTION 203 — BITUMINOUS MATERIALS 203-5 EMULSION -AGGREGATE SLURRY 203-5.2 Materials Replace a) with the following: "Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS-1h of 203-1.3 (Test Reports and Certification), 203-3.2, and to the following specifications when tested according to appropriate ASTM Methods: Minimum Maximum Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: "ADDITIVES Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'Y2 percent of weight of the emulsified asphalt. Latex - added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." Replace in Table 203-5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." 203-5.3 Composition and Grading Add this Section: "Replace Residual Asphalt percentage of Dry Aggregate Weight for Type II aggregate from a value of 7.5 minimum to 8.5 minimum." (Use the following section for conventional asphalt concrete) 203-6 ASPHALT CONCRETE Page 19 of 63 203-6.4 Asphalt Concrete Mixtures 203-6-4.3 Composition of Grading Add this Section: Asphalt Concrete for the finish course shall be C2 64-10 and B 64-10 for the base course. SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." 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?page=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate Page 20 of 63 maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-'Y2 inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion 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 302 ---ROADWAY SURFACING 302-4 EMULSION -AGGREGATE SLURRY 302-4.3 Application 302-4.3.1 General Add to this section; Type I slurry shall be applied at the rate of 9.5 pounds per square yard. Type II slurry shall be applied at the rate of 13 pounds per square yard. At all intersections where the intersecting street does not receive a slurry seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer." 302-4.3.2 Spreading Replace the first sentence of the second paragraph with, "Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or Page 21 of 63 pedestrians upon slurry that has not been sufficiently cured by 3:00 p.m., the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Upon the completion of the day's slurry, street or parking lot shall be temporary striped. Final striping shall be installed no more than ten (10) working days after placement of slurry." Replace the first sentence of the third paragraph with, "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed -killer before any slurry shall be applied." 302-4.3.3 Field Sampling Add this section: "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 301- 4.2.2 (A) shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing." 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General Add to this section: "All cracks '/4 -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-'/2 inches of asphalt (finish course) shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302-5.4 Tack Coat Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one —tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." Page 22 of 63 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-1.1 CONCRETE STRUCTURES 303-1.1 General Add to this section: Concrete block wall shall be "ORCO BLOCK", color "WHEAT with split face on both side. Concrete block wall cap shall be "PACIFIC STONE", color WARRIONE" model WC -102-11 `PALISADE' 303-5.5 Finishing 303-5.5.1 General Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303-5.5.2 Curb Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2)day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 303-5.5.4 Gutter Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." Page 23 of 63 SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION SEE APPENDIX `B' FOR TECHNICAL SPECIFIACIONS IN ADDITON TO THE FOLLOWING MODIFICATIONS 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 arrange to meet for this work with the City's Urban Forester, Mr. Kevin Pekar at (949) 795-2238 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. SECTION 308 - LANDSCAPE AND IRRIGATION MATERIALS 308-1 LANDSCAPE MATERIALS 308-1.1 Topsoil 308-1.1.1 General Add to this section "Topsoil shall be Class "A" as defined in Subsection 212-1.1.2 of the Standard Specifications and shall conform to the following: A. Grading: Sieve Size Percent Passing Sieve 25.4 mm (1 -inch) 95-100 9.51 mm (%-inch) 85-100 53 Micron (270 mesh) 10-30 B. Chemistry: Suitability Considerations: Page 24 of 63 1. Salinity: Saturation Extract Conductivity (ECe x 103 @ 25 degrees C.) less than 4.0. 2. Sodium: Sodium Absorption Ratio (SAR) less than 9.0. 3. Boron: Saturation Extract Concentration less than 11.0 PPM. 4. Reaction: pH of Saturated Paste: 5.5 - 7.5. 308-1.2 Soil Fertilizing and Conditioning Materials 308-1.2.3 Commercial Fertilizer Add to this section "Commercial fertilizers shall conform to the following: A. Gro Power Premium Hi -Nitrogen (18-3-1/ER), as supplied by Gro Power, Chino, CA. Telephone: 909.393.3744 B. Tri -C 6-2-4+5%S, as supplied by Tri -C Enterprises, Chino, CA. Telephone: 800.927.3311 1. Nitroform (38-0-0) as supplied by Hercules MCW Plant, Louisiana. Add the following Section 308-1.2.6 Soil Mixes 308-1.2.6 Soil Mixes Soil mixes for soil preparation shall conform to the following: A. Soils report recommendations as designated on the Contract Drawings. 308-4.8.3 Sod Add to this section: Specification for the Seashore paspalum sod: use only big roll size (105' x 3.5') from Westo Coast Turf — WCT contact Tom Stafford (760) 408-1324 cell. Variety — Platinum TE Paspalum, regular cut (1/2" soil and approximately W, — 3/" grass). Area should remain fenced during maintenance and plant establishment period. Must be mowed with a reel mower, not a flail or rotary. Shall be mowed to between '/2" to 1 W. SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces Page 25 of 63 Modify and amend this section to read: 'The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310-5.6.7 Layout, Alignment, and Spotting Modify and amend this section to read: 'The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Paint Add to this section: 'Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be extruded reflectorized thermoplastic. The extruded reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than Page 26 of 63 three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Add the following Section: 310-5.6.11 Pavement Markers All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290. SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." Page 27 of 63 Appendix A Page 28 of 63 Page 6 December 28, 2017 Permit Application No.:5-14-1211-Al COASTAL DEVELOPMENT PERMIT 7. Storage of Construction Materials, Mechanized Equipment and Removal of Construction Debris The permittee shall comply with the following construction -related requirements: (a) No demolition or construction materials, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain, or tidal erosion and dispersion. (b) No demolition or construction equipment, materials, or activity shall be placed in or occur in any location that would result in impacts to environmentally sensitive habitat areas, streams, wetlands or their buffers. (c) Any and all debris resulting from demolition or construction activities shall be removed from the project site within 24 hours of completion of the project. (d) Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters. (e) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day. (tJ The applicant(s) shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction. (g) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Executive Director determines that no amendment or new permit is legally required. (h) All stock piles and construction materials shall be covered, enclosed on all sides, shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (i) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. U) The discharge of any hazardous materials into any receiving waters shall be prohibited. (k) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials. Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible. (1) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) Page 7 December 28, 2017 Permit Application No.:5-14-1211-Al COASTAL DEVELOPMENT PERMIT designed to prevent spillage and/or runoff of demolition or construction -related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on -set of such activity. (m)All BMPs shall be maintained in a functional condition throughout the duration of construction activity. Appendix B Page 29 of 63 ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 - SOIL PREPARATION PART 1 - GENERAL 1.01 DESCRIPTION A. Related Requirements: Review the General Contract Conditions and Division One, General Requirements, of these Special Provisions, which contain information and requirements that apply to this Section. B. Work Included: Provide planting media amendment Amending of existing for planting Amending of sub -grade soil Weed abatement Machinery and loading restrictions C. Related Work in Other Sections: Earthwork and Topsoil Placement - Subsection 308-2 Planting - Subsection 308-4 Irrigation System Installation- Subsection 308-5 Maintenance and Plant Establishment - Subsection308-6 1.02 QUALITY ASSURANCE A. Requirements of Regulatory Agencies: All work and materials shall be in full accordance with latest rules and regulations of safety orders of Division of Industrial Safety and all other applicable laws and regulations of the City of Newport Beach, California. B. Applicable Standards: All references to the Standards as described below shall mean the current or latest editions: • "Standard Specifications" - Standard Specifications for Public Works Construction • "ASTM" - American Society for Testing and Materials. • "DIS" - Division of Industrial Safety. C. Certificates of Inspection: Provide those required by law for transportation, with invoice. File copies of certificates with City Engineer after acceptance of material. Inspection by governmental officials at point of origin does not preclude rejection of materials at project site. 1.03 SUBMITTALS A. Samples and Product Data: Prior to delivery to site, submit samples(S) certification (C) and manufacturers' literature (ML) for the following items: Page 30 of 63 1. Organic Amendments: S of one (1) pt. for each type, C or ML 2. Soil Mixes: S of '/2 -lb for each type and C. 3. Sand: S of/z-Ib and C. 4. Chemical Additives: S of one (1) pint for each type, C and ML. 5. Perforated Drain -line: S of One (1) Linear Foot and ML. 6. Filter Fabric: S of One (1) square foot and ML. 7. Drain Rock: S of One (1) Pint and C. B. Test Data: Submit all laboratory test data for all materials C. Submittal Schedule: All products in this section which is required for submittal shall be included in one Division Two submittal package. D. Approved Testing Laboratory and Procedures for Agronomic Soil Fertility Analyses: To be provided by City of Newport Beach. 1. Agronomic Soil Fertility Analyses shall be conducted by a reputable, certified, agronomic soils laboratory. Laboratory shall be a member of the Council on Soil Testing and Plant Analysis. The same laboratory shall be used throughout the duration of the Contract: a). Wallace Laboratories, EI Segundo, CA. 310-615-0116. b). Soil and Plant Laboratory, Orange, CA. 714-282-8777. c). Fruit Growers Laboratory, Santa Paula, CA. 805-659-0910. 2. Contractor shall verify and confirm the selected Testing Laboratory and specific location(s) of soil sample(s) with the Landscape Architect prior to commencing soil sampling operations. 3. Submit the physical Samples directly to the selected Laboratory for analysis, per the procedures outlined per Part III herein this Section. a). In addition to the physical Soil Samples, Contractor shall also provide the Laboratory with a copy of the Soil Amendment and Fertilizer products indicated herein this Section. 4. Along with the testing data results, the Agronomic Soil Fertility Analysis shall include written recommendations by the Laboratory for amending and/or correcting the sampled soil conditions, utilizing the organic -based Soil Amendments and Fertilizers described herein this Section. a). The Analyses shall also include Maintenance and Post -Maintenance fertilization programs for planted areas within the Contract. 5. Agronomic Soil Fertility Analyses shall be performed on each of the native site soil samples, the imported topsoil (as required) and lightweight soil mix (as required). 6. Agronomic Soil Fertility Analysis shall include testing results for the following: H; Salinity (electro -conductivity); Measurement of sodici Sodium Absorption Ratio); Estimate of soil texture and soil organic matter; Presence of lime; Page 31 of 63 1.04 Saturation extracts for nitrate, sulfate, sodium, calcium, magnesium, potassium, soluble phosphate, and boron; Parasitic nematodes; Herbicide contamination; (For Lightweight Soil Mixes): Test for physical and chemical composition, and saturated weight per cu.ft. E. Submit two (2) bound copies of the laboratory's Agronomic Soil Fertility Analysis and Recommendations to Landscape Architect a minimum of fourteen (14) days prior to amending of the soil and ordering soil amendments. The locations of where each of the soil test samples were derived from the Project Site shall be keyed to the site plan and shall be included with the results. F. Planting operations shall not commence until the results of the Agronomic Soil Fertility Analysis and Recommendations are reviewed accordingly by the Landscape Architect. The quantity or type of amendments may be modified by the Landscape Architect within fourteen (14) days of receipt of the results. The Agronomic Soil Fertility Analysis and Recommendations shall take precedence over the amendment and fertilizer application rates specified herein or on the Contract Documents. G. The Agronomic Soil Fertility Report/Recommendation shall take precedence over the amendment and fertilizer application rates specified herein or on the Contract Documents. H. Submittals under this Article (including Samples) will be rejected without the benefit of review by the Landscape Architect if they are difficult to read due to insufficient scale, poor image quality, or poor drafting quality; or if the required information is missing or not presented in the format as requested. No Work shall proceed under this Section until Submittal requirements indicated herein have been reviewed accordingly by the Landscape Architect. PRODUCT DELIVERY, STORAGE AND HANDLING A. Labeling: Furnish standard products in unopened manufacturer's standard containers bearing original labels showing quantity, analysis and name of manufacturer. B. Storage: Store products with protection from weather or other conditions which would damage or impair the effectiveness of the product in conformance with Subsections 4-1 of the Standard Specifications. Page 32 of 63 1.05 ANALYSES OF SAMPLES AND TESTS A. Sampling: City Engineer reserves the right to take and analyze samples of materials for conformity to specifications at any time. Furnish samples upon request by City Engineer. 1.06 FINAL ACCEPTANCE A. Acceptance: Work will be accepted by the City Engineer upon satisfactory completion of all soil preparation work. B. Notification: Notify City Engineer for review of soil preparation prior to proceeding with planting operations. PART 3 - EXECUTION 3.01 SOIL PREPARATION A. General: Soil preparation work shall be in conformance with Subsection 308-2.3 of the Standard Specifications. 1. Moisture Content: Do not work soil when moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form in air or, that clod's will not break readily. Apply water, if necessary, to bring soil to an optimum moisture content for tilling and planting. 2. Clearing of Debris: Clear all planting areas of stones one (1) inch diameter and larger, weeds, debris and other extraneous materials prior to amending existing soil. B. Preparation of Existing Soil: 1. Verification of Existing Grades: Verify that grades are within one (1) inch plus or minus of the required finished grades. Report all variations to the City Engineer. 2. Clearing of Debris: Clear all planting areas of stones one (1) inch diameter and larger, weeds, debris and other extraneous materials prior to amending existing soil or spreading imported topsoil. 3. Cultivation: Rip or cultivate all planting areas to a depth of eight (8) inch) immediately prior to amending existing soil. Rototill to reduce soil clods to a maximum diameter of one (1) inch in the top eight (8) inches. C. Soil Amendments and Fertilizers: 1. Gypsum: Commercially -processed and packaged agricultural -grade hydrated calcium sulfate product (CaSO4), 92.0% minimum, pH at 7.1. Page 33 of 63 a. Commercial -Grade Products & Manufacturers: Subject to compliance with requirements, provide products by one (1) of the following: Ben Franklin TM No. 1 Agricultural Gypsum, U.S. Gypsum Company 100% Good Stuff GypsumTII, Art Wilson Company or equal, as approved by the Landscape Architect. 2. Potassium Nitrate (13-0-44): Commercial or agricultural -grade product containing approximately 44% potassium. 3.02 WEED ABATEMENT A. General: Weed abatement work shall be in conformance with Subsection 308-2.3 of the Standard Specifications. 1. Weed abatement work shall not begin until irrigation sprinkler systems for the prescribed area are installed and operable. B. Weed Abatement: 1. Manually remove all existing unwanted vegetation and dispose of it off site. 2. Fertilize all planting areas with a 5-3-1 commercial fertilizer at the rate of three hundred lbs (200) per 1000 sf and begin watering process. 3. Upon completion of the irrigation system, water all areas four (4) times daily for 21 consecutive days and until weed seeds have germinated. Cease watering for three (3) days. Spray a non- selective contact herbicide (Roundup Pro or Rodeo) to eradicate the germinated weeds. Waiting period prior to clearing weeds shall be seven (7) to ten (10) days. 4. Allow herbicide to kill all weeds. Rake or hoe off all dead weeds to a minimum depth of '/<-inch inch below the surface of the soil. Remove all cleared weeds and legally dispose of off-site. 5. Re -water cleared planting areas four (4) times daily for 14 - consecutive days, until new growth appears. Re -apply herbicide. Clear weeds after seven (7) to ten (10) days or an approved alternate time period. Remove all cleared weeds and legally dispose of offsite. C. Cultivation of Topsoil: 1. Cultivation of Topsoil: a. Cultivation: Following Soil Leaching and Weed Eradication operations, rip or cultivate areas of existing soil to receive planting to the following depth, prior to applying soil amendments: 1). Six -inches (6"). b. Following initial cultivation of Topsoil, uniformly broadcast and cultivate/blend the materials indicated in the following Planting Soil Page 34 of 63 Amendments Schedule, with the Topsoil, to a minimum six-inch (6") depth: c. Planting Soil Amendment Schedule: 200 lbs. Gro-PowerO (5-3-1) 25 lbs. soil sulfur 10 lbs. agricultural gypsum 4 cu. yd. of nitrolized shavings or good quality compost d. Complete finish grading operations per Section 312219 — Landscape Grading. 3.03 DRAINAGE OF PLANTING AREAS A. Surface Drainage: 1. Discrepancies: Provide proper surface drainage of planted areas. Submit in writing all discrepancies in the Drawings or Specifications, or prior work done by others, which Contractor feels precludes establishing proper drainage. 2. Correction: Include description of work required for correction or relief of said condition. B. Detrimental Drainage, Soils and Obstructions: 1. Notification: Submit in writing all soils or drainage conditions considered detrimental to growth of plant materials. State condition and submit proposal and cost estimate for correcting condition. 2. Correction: Submit for acceptance a written proposal and cost estimate for the correction before proceeding with work. 3. Obstructions: If rock, underground construction work, tree roots or other obstructions are encountered in the performance of work under this section, submit cost required to remove the obstructions to a depth of not less than six (6) inch below the required soil depth. 3.04 CLEAN-UP A. Keep all areas of work clean, neat and orderly at all times in conformance with Subsection 7-8 of the Standard Specifications. B. Upon completion of work, remove off the site all surplus materials, tools, equipment, rubbish and debris resulting from the work in conformance with Subsection 7-8 of the Standard Specifications. ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 — IRRIGATION PART 1 - GENERAL Page 35 of 63 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 Maintenance 1.02 QUALITY ASSURANCE AND REQUIREMENTS: A. Permits and Fees: 1. The Contractor shall obtain and pay for any and all permits and all inspections as required. B. Manufacturers Directions: 1. Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in the contract furnish directions covering points not shown in the drawings and specifications. C. Ordinances and Regulations: 1. All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. D. Contractor Responsibilities: 1. A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in the English language. 2. The Contractor shall train each person in techniques for making Page 36 of 63 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 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 Page 37 of 63 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 Man ufactu rer Model Size(s) 1. Backflow Preventer Febco 825Y 2" 2. Pop-up Rotor Head Rainbird 5000 Series 3. Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. B. Substitutions: 1. The contractor may submit proposed substitutions for equipment and materials listed on the irrigation plans in the following manner. The landscape contractor shall submit to the City Inspector for approval on a separate sheet of contractor's letterhead paper the following: a. A statement indicating the reason for making each individual proposed substitution(s). b. Provide descriptive catalog literature, performance charts and flow charts as required for each item the contractor proposes to substitute, including the sales/manufacturer's regional telephone number. C. Provide the amount of cost savings or overage if the Page 38 of 63 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 is 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. Updated Controller Charts: 1. Record drawings shall be evaluated by the Landscape Architect and/or City Inspector before controller charts are prepared. 2. Provide two (2) controller charts for each controller, unless otherwise directed by the City Inspector. 3. The chart shall show the area controlled by each automatic controller and shall be sized '/2" smaller than the controller door on all sides. 4. The chart is to be a reduced drawing of the actual record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable when the final controller chart is completed. 5. The chart shall be at least a 30# presentation bond copy. A differing color shall be used to indicate each valve and the same color used to identify the area of coverage for that valve. 6. When completed and approved, the chart shall be hermetically sealed by a plastic lamination process. The plastic laminating sheets shall each be a minimum of 20 mil. thick. Page 39 of 63 7. Controller charts shall be completed and approved prior to final inspection of the irrigation system. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Handling of PVC Pipe and Fittings: 1. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new pipe. 1.05 GUARANTEE: A. The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions of these specifications, if any, shall be filed with the City or his representative prior to acceptance of the irrigation system. B. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. C. The beginning date of the one year guarantee shall be from the written final acceptance date established by the City at the end of the Maintenance Phase. If no Maintenance Phase is included in the contract, the beginning date shall be from the acceptance date established by the City at the end of the Construction Phase. D. The guarantee form shown below shall be re -typed onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials, equipment and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defects in material equipment or workmanship which may develop during the period of one year from the date of acceptance. We also guarantee to repair or replace any damage resulting from the defects, or the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within a reasonable time as determined by the City after receipt of written notice form the City. All repair work shall 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 Page 40 of 63 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: 1. Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. B. 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. C. PVC Pressure Mainline Line Pipe: 1. Pressurized buried mainline pipe shall be Type K copper pipe from Back flow device to master valve and PVC Schedule 80 with solvent -weld joints beyond to valves. D. Threaded Nipples: 1. Threaded nipples shall be standard weight, schedule 80, grey, with molded threads. Page 41 of 63 2. Assemble threaded fittings using teflon tape applied to male threads only. E. Joint Primer: 1. Type as recommended by manufacturer of pipe. F. Joint Cement: 1. Solvent type as recommended by manufacturer. G. Ball Valves: 1. Shall be as specified on plans. H. 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. I. 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"x7" deep rectangular boxes, Carson Industries #1419A -12B with green bolt down cover or approved equivalent. 3. Pull Boxes: Pull boxes shall be 10" top diameter, 13" bottom diameter and 10-1/4" deep round box with lock bolt cover. Box shall be green in color. 4. Identification numbers and letters shall be branded onto the box lids in 2 inch high letters and numbers as follows: a. Remote Control Valves — "RCV + Controller Designation Letter + Valve Number", ie, 'RCV-A13". Page 42 of 63 5. Vehicle traffic area boxes shall be concrete with cast-iron lid designed for vehicle traffic use. J. High Voltage Wiring: 1. Electrical work shall conform to all applicable codes, ordinances and union authorities having jurisdiction. Only qualified electricians shall work with high voltage design, equipment or wiring. 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, Connector Kings, or King "One -Step" wire connectors. Use one wire connector per wire splice. An expansion loop of 18 inches shall be provided at each wire connection and/or directional turn. 6. Field splices between the automatic controller and electric control valves will not be permitted without prior approval of the City Inspector. 7. All extra valve wires and the common wire, shall extend from the controller to a pull box at the farthest valve location for future or spare wires as denoted on plans. Page 43 of 63 1I 407071 1. All data communications wire connecting flow sensors to the electronics that are buried below grade, with or without conduit, shall be constructed to direct burial specifications similar to Telecommunications Exchange Cable (REA PE -89). 2. The cable shall be constructed of 20AWG or larger copper conductors twisted into pairs of varying lengths to prevent cross talk. Conductors shall be insulated with polyethylene or propylene with a suggested working voltage of 350 volts. The cable shall feature an aluminum -polyester shield and be finished with a black high-density polyethylene jacket. The cable should be equivalent to Belden No. 9883 or Anxiter E-000319DFC. 3. It is important that all wire connections be absolutely watertight with no leakage to ground or shorting from one conductor to another. Epoxy type wire connector kits such as 3M Series 3500 Scotch- LOK connector packs or 3M Series 7000 Epoxy Wire Connector Kits shall be used. If one connector is used for both wire connections, the splices shall be staggered to prevent shorting. Install per manufacturer's specifications. 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. Page 44 of 63 5. Verify that landscape irrigation systems may be installed in accordance with all pertinent codes, regulations, design, reference standards and the manufacturer's recommendations. Any installation not in conformance with the above shall be removed and returned at the Contractor's expense. 6. Grades shall be within a tolerance of +/- 0.10 foot prior to installing irrigation systems. 3.02 PREPARATION: A. Physical Layout: 1. The irrigation lines as indicated on the drawings are diagrammatic. All piping and equipment shall be installed within the project boundaries, even if shown outside the boundaries on the drawings. Equipment or piping shown outside the boundaries on the drawings is for design clarity only. Install all piping and equipment within planting areas. 2. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. Install all materials and piping to avoid conflict with trees, shrubs, and all underground utility services. Contact the City Inspector immediately if obstructions prevent routing as denoted on plans. 3. Lay out irrigation drip line and make any minor adjustments required due to differences between actual site conditions and the drawings. Adjustments shall be maintained within the original design intent and only after receiving approval from the City Inspector. Do not exceed the maximum or minimum spacing indicated by the manufacturer. B. Water Supply: 1. Sprinkler irrigation system is existing. C. Electrical Supply: 1. Electrical points of connection are existing. 3.03 INSTALLATION: A. Trenching: 1. Dig trenches straight to support pipe continuously on bottom of the trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the drawings or as noted. Page 45 of 63 a. Provide for a minimum of eighteen- (18) inches cover for all pressure supply lines. b. Provide for a minimum of twelve- (12) inches cover for all non -pressure lateral lines. C. Provide for a minimum of eighteen- (18) inches cover for all control wiring. d. Refer to civil engineer's plans for boring or trenching across paving or under streets. B. Backfilling: 1. The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth, stones, asphalt, concrete or other construction or organic debris such as plant refuse. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. 2. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one-half (1/2) inch in size will be permitted in the initial backfill. 3. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the City. C. Assemblies: 1. Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various assemblies), in such a manner as to conform to the details on the drawings. 2. Install no multiple assemblies on plastic lines. Provide each assembly with it's own outlet. 3. Install all assemblies specified herein in accordance with respective detail. In the absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with the best standard practice and with the manufacturer's specifications. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Page 46 of 63 Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. 4. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape shall be used on male threads on all threaded PVC to PVC, and on all threaded PVC to brass pipe connections. Red lead and boiled linseed oil shall be applied to male threads on all galvanized pipe connections. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. 5. Open pipe or tubing ends shall be taped closed during installation to prevent any foreign matter from entering the system. D. Line Clearance: 1. All lines shall have a minimum clearance of six (6) inches from each other and from lines of other trades. Parallel lines shall not be installed directly over one another. In case of reclaimed water crossings, refer to local cross connection details and codes. 2. Place location tape 6" above all mainline piping, low voltage and high voltage wiring. E. Remote Control Valves: 1. Install valves where shown on the drawings and per details. When grouped together, allow at least twelve (12) inches between valve boxes. Install each remote control valve in a separate valve box. Square boxes with adjacent paving in a neat manner, squared to the walk and each other. Allow a minimum of 12" between valve boxes if grouped together. F. Flushing of System: 1. After all new sprinkler pipe lines are in place and connected, and all necessary diversion work has been completed, the control valves shall be opened and a full head of water used to flush out the system. 3.04 TEMPORARY REPAIRS: A. The City reserves the right to make temporary repairs as necessary to keep the sprinkler system equipment in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. Page 47 of 63 3.05 FIELD QUALITY CONTROL: A. Adjustment of the System: 1. The Contractor shall flush clean and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways and buildings as much as possible. 2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting at the contractor's cost. 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. 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. 5. 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. 6. 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. 7. The Contractor shall make all necessary provisions for thoroughly bleeding the line of air and debris. 8. When the sprinkler irrigation system is completed, perform a coverage test in the presence of the City Inspector, to determine if the water coverage for the planting areas is complete and adequate. Furnish all materials and perform all work required to 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. 9. 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. Page 48 of 63 3.06 MAINTENANCE: A. The entire sprinkler irrigation system shall be under full automatic operation prior to any planting. B. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction and Maintenance Phases or work. 3.07 CLEAN-UP: A. Clean up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage sustained on the work or others shall be repaired to original conditions. 3.08 FINAL OBSERVATION PRIOR TO ACCEPTANCE: A. The Contractor shall operate each system in its entirety for the City Inspector at the time of final observation at the end of the Maintenance Phase. Any items deemed not acceptable by the City Inspector shall be reworked to the complete satisfaction of the City Inspector. B. The Contractor shall show evidence to the City Inspector that the City has received all accessories, charts, record drawings and equipment as required before the final observation can occur. 3.09 OBSERVATION SCHEDULE: A. The contractor shall be responsible to establish a schedule of observations with the proper City staff. PART 2 -PRODUCTS 2.01 PLANT MATERIALS A. General: 1. Growing Conditions: Plants shall be nursery -grown in accordance with good horticultural practices under climatic conditions similar to those of project for at least two years and shall conform to the requirements of Subsection 212-1.4, unless otherwise specifically authorized. 2. Appearance: All plants shall be exceptionally heavy, symmetrical, tightly knit, so trained or favored in development and appearance Page 49 of 63 as to be superior in form, number of branches, compactness and symmetry. 3. Vigor: Plants shall be sound, healthy and. They shall be free of disease, insect pests, eggs, or larvae. They shall have healthy, well-developed root systems. Plants shall be free from physical damage or adverse conditions which would prevent thriving growth. 2.02 COMMERCIAL FERTILIZERS: See - "Soil Preparation" of these Special Provisions. 2.03 WATER A. Clean, fresh and potable, furnished and paid for by Contractor. B. Transport as required. 2.04 ANTI -DESICCANT A. Anti -desiccants for retarding excessive loss of plant moisture and inhibiting wilt shall be sprayable, water insoluble vinyl-vinyledine complex which will produce a moisture retarding barrier not removable by rain. B. Wilt-pruf Formula NCF as manufactured by Nursery Specialty Products, Greenwich, Connecticut, or accepted equal. PART 3 - EXECUTION 3.01 PREPLANT REVIEW A. General: Do not commence planting work prior to acceptance of soil preparation. B. Finish Grades: Finish grades for all planting areas shall have been established in another section. Verify that all grades are within one (1) inch plus or minus of required finish grade and that all soil amendments have been installed as specified under "Soil Preparation" of these Special Provisions. C. Notification: Submit written notification of all conditions inconsistent with specifications for soil preparation and mixing as described in "Soil Preparation" of these Special Provisions. Page 50 of 63 3.02 DRAINAGE OF PLANTING AREAS A. Surface Drainage: Maintain positive surface drainage of planted areas as established under "Landscape Grading" of these Special Provisions. B. Discrepancies: Submit in writing, all discrepancies in the Drawings or Specifications, obstructions on the site, or prior work done by others, which Contractor feels precludes maintaining proper drainage; include description of all work required for correction or relief of said discrepancies. C. Detrimental Drainage, Soils and Obstructions: 1. Notification: Supply written notification of all conditions detrimental to growth of plant material. State condition and submit proposal and cost estimate for correcting condition. 2. Testing: Test drainage of plant beds and pits by filling with water twice in succession. Give written notification of conditions permitting the retention of water in planting beds for more than 24 - hours. 3. Correction: Submit for acceptance a written proposal and cost estimate for the correction before proceeding with work. 4. Obstructions: If rock, underground construction work, tree roots or other obstructions are encountered in the excavation of plant pits, alternate locations may be used as directed. Where locations cannot be changed, submit cost required to remove the obstructions to a depth of not less than six (6) inches below the required pit depth. Proceed with work after acceptance. 3.03 PLANTING OPERATIONS A. General: Planting work shall conform to the requirements of Subsection 308-4 of the Standard Specifications and as contained herein. 1. Protect plants at all times from sun or drying winds. 2. Keep plants that cannot be planted immediately upon delivery in the shade, well -protected and well -watered. ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 —LAWNS AND GRASSES (Sod) PART 1 —GENERAL 1.01 SUMMARY A. This Section includes materials, labor, apparatus, tools, equipment, temporary construction, transportation, and services necessary for and incidental to performing the Page 51 of 63 proper completion of Work, as required to make a complete Ornamental Grass (via sod) installation, as shown on the Contract Drawings, and as specified herein this Section. B Work under this Section consists of, but is not necessarily limited to, furnishing and installing the following: 1. Sown Ornamental Grass (via Sod). C. Related Sections. The following Sections contain requirements that relate to Work in this Section: 1. Section 312219 — Landscape Grading. 2. Section 329113 — Soil Preparation. 3. Section 329813 — Landscape Establishment Period. 1.02 DEFINITIONS AND APPLICABLE STANDARDS A. Definitions: 1. Plant Material(s): Refers to living plant species, inclusive of ornamental grass (via sod) for the Project. 2. Planting Area (PA): As denoted on the Contract Drawings, shall refer to areas to be installed with Plant Material(s), or areas where existing vegetation shall be protected. B. Reference Standards: 1. An Annotated Checklist of Woody Ornamental Plants of California, Oregon, and Washington, (Number 4091), McClintock and Leiser, Division of Agricultural Sciences, University of California, 1979. 2. American National Standard for Nursery Stock (ANSI Z60.1). American National Standards Institute, and American Association of Nurserymen, Latest edition, 3. American Joint Committee on Horticultural Nomenclature, 1942 Edition of Standardized Plant Names. 4. Hortus Ill, 1976 Edition, Liberty Hyde Bailey Hortorium, Cornell University. 5. The Hillier Gardener's Guide to Trees and Shrubs, 4th Edition, 1978. 6. Manual of Cultivated Conifers, Den Ouden & Boon, 1978. 7. Datascape Guide to Commercial Nomenclature, American Nurserymen Publishing Co., Chicago, IL, 1994. 8. American National Standard for Tree Care Operation, Tree, Shrub, and Other Woody Plant Maintenance (ANSI A300), American National Standards Institute, Latest Edition. C. Measurements: 1. SQ/FT: Measurement, in square -foot. 1.03 SUBMITTALS A. General: Submit each item in this Article in four (4) bound Submittal Booklets. Page 52 of 63 B. Each Submittal Booklet under this Section shall be tabbed into specific sections, containing clearly identified (through yellow highlighter or other identification methods) and legible information on the following landscape information indicated in this Article: 1. Product Data: Manufacturer's current catalog cuts and specifications for materials included herein this Section. 2. Certifications: a). Certificates of inspection as required by law for transportation of each shipment of plant material as required. 3. Delivery Tickets: As requested, signed and stamped original delivery tickets of each material delivered to Project Site. C. Samples: (Not Required) D. Submittals under this Article will be rejected and returned without the benefit of review by the Landscape Architect if they are difficult to read due to insufficient scale, poor image quality, or poor drafting quality; or if the required information is missing or not presented in the format as requested. E. No Work shall proceed under this Section until Submittal requirements indicated herein have been reviewed accordingly by the Landscape Architect. 1.04 QUALITY ASSURANCE & CONTROL A. Installer Qualifications: 1. Requirement: Valid California C-27 (Landscaping Contractor) License. 2. Installer's Field Supervision: Require Installer to maintain an experienced full- time supervisor on the Project site during times that installations under this Section are in progress. B. Observation: Landscape Architect may observe installation work herein this Section at Project Site for compliance with requirements for type, size, and quality. Landscape Architect retains right to observe installation of products for defects and to reject unsatisfactory or defective material or installation at any time during progress of Work. Contractor shall remove rejected Work immediately from Project site. 1.05 DELIVERY, STORAGE, AND HANDLING A. Sod: 1. Harvest and Delivery: Deliver only as much sod as can be installed in one (1) day's work. 2. Review: Sod not transplanted within this time period shall be reviewed by the Landscape Architect prior to installation. 1.06 PROJECT SITE CONDITIONS Page 53 of 63 A. General Requirements: Installation under this Section shall be performed only during the time of day and during seasons when satisfactory results can be expected, unless authorized by the Landscape Architect. Sod: Install immediately after finish grading and irrigation installation are accepted. B. Climate Restrictions: Do not install Plant Materials under this Section during rainy or inclement weather. 1.07 SUBSTITUTIONS A. Consideration: Materials to be considered equal to the Materials indicated herein this Section shall be reviewed by the Landscape Architect. Materials with equal performance characteristics produced by other Manufacturer's and/or Distributors may be considered, providing deviations in dimensional size, color, composition, operation, and/or other characteristics do not change the design concept, aesthetic appearance, nor intended performance, as solely judged by the Landscape Architect. The burden of proof on product equality is on the Contractor. B. Specific reference to Manufacturer's names and products specified herein are used as standards of quality. This implies no right to the Contractor to substitute other materials without prior written approval by the Landscape Architect for Work under this Section. C. Materials substituted and installed by the Contractor, without prior written approval by the Landscape Architect, may be rejected. Contractor shall not be entitled to be compensated by the Owner where the Contractor has installed rejected substitutions without receiving prior written approval. D. Contract Price: Substituted Materials under this Section shall not increase the Contract price. 1.08 WARRANTY A. Time Period: Warrant Plant Materials under this Section are established and in a healthy and flourishing condition of active growth six (6) months from date of Final Acceptance. B. Appearance During Warranty: Sod areas shall be free of dead or dying patches, and shall show foliage of a normal density, size and color. C. Delays: Delays caused by the Contractor in completing planting operations under this Section which extend the planting into more than one (1) planting season shall extend the Warranty Period correspondingly. Page 54 of 63 D. Coverage: Warrant growth and coverage of Sod installation to the effect that a minimum of 90% of the area planted shall be covered and of acceptable appearance with the specified planting after one (1) growing season, with no bare spots. 1. Exceptions: Contractor shall not be held responsible for failures due to neglect by Owner, vandalism, or natural disaster during Warranty Period. Report such conditions in writing. 1.09 FINAL ACCEPTANCE AND LANDSCAPE ESTABLISHMENT PERIOD A. Refer to Section 329813 — Landscape Establishment Period. PART2-PRODUCTS 2.01 ORNAMENTAL GRASS MATERIALS (Sod) A. General: 1. Provide Sod installation of Ornamental Grass areas as designated on the Contract Drawings. B. Ornamental Grass Sod Material: 1. Sod shall consist of live, growing, mature nursery -grown field stock, and shall arrive with a lush appearance, uniform texture, and a deep green color typical of the selected ornamental grass species. 2. Sod shall contain a healthy, virile root system of dense, strong, thickly matted roots throughout, with no dead or dry edges, and capable of vigorous growth and development when planted. Sod shall be sufficiently dense to bear handling and placement without tearing. 3. Sod shall be free of thatch, diseases, and harmful insects, and reasonably free from noxious or broadleaf weeds or other grasses, and shall not contain any other matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted. a). Entire lot of Sod shall be rejected if found to contain the following weeds: Common Bermuda grass, quackgrass, nutgrass, johnsongrass, poison ivy, nimbleweed, thistle, bindweed, bentgrass, perennial sorrel, or bromegrass. 4. Ornamental Grass Sod Species: a). Type: As indicated on the Contract Drawings. Sod to be acquired through pre -arranged contract -grown nursery source. Contact City of Newport Beach for source. 2.02 FERTILIZERS A. Fertilizer: 1. General: Commercial -Grade Products & Manufacturers: Subject to compliance with requirements, provide products by one (1) of the following: a). Gro -Powers -3-1, Gro -Power, Chino, CA 909-393-3744, Page 55 of 63 b). Application Rate: As indicated in the soils report. PART 3 — EXECUTION 3.01 EXAMINATION A. Verification of Conditions: 1. Grades: Verify that grades are within one -inch (1 ") plus or minus (+/-) of the required finished grades. Verify that applicable soil preparation has been installed under other Sections of the Contract Specifications. Report all variations in writing. 2. Irrigation System: Verify that the irrigation system is installed and 100% coverage of the subject area is complete, tested, and in full working order. Complete installation of the irrigation system is a prerequisite for commencing work under this Section. 3. Stones, Weeds, and Debris: Verify that planting areas under this Section are clear of stones larger than 1-1/2 in. diameter, and that weeds, debris and other extraneous materials have been removed prior to installation. 3.02 PREPARATION A. Limit sub -grade preparation to areas that will be planted in the immediate future. B. Excessive Soil Moisture: Do not commence Work under this Section when Soil Moisture Content is so great that excessive compaction to the soil will occur during installation. City and/or Landscape Architect shall be the sole judges as to a acceptable soil moisture content. C. Inadequate Soil Moisture: Apply water, in quantity as necessary, to bring soil to a optimum moisture content for installation under this Section. Do not work soil when it is so dry that dust will form in air or where clods will not readily break apart. 3.04 FIELD QUALITY CONTROL A. Tests: Samples of materials may be taken and tested for conformity to the Contract Specifications at any time by the Landscape Architect. B. Rejected Materials: Remove rejected materials immediately from the site at Contractor's expense. Pay cost of testing of materials not meeting the Contract Specifications. C. Intent: A consistent, thriving, and even cover of installed plugs is the intent of this Section. Page 56 of 63 3.05 CLEANING A. Erosion: Immediately restore eroded areas. Keep adjacent paved surfaces cleaned of dirt, mud or stains and organic debris. ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 — LANDSCAPE ESTABLISHMENT AND MAINTENANCE PART 1 - GENERAL 1.01 DESCRIPTION A. Related Requirements: Review the Contract General Provisions and Division One, General Requirements, of these Special Provisions, which contain information and requirements that apply to this Section. B. Work Included: Provide 60 -Day Planting Establishment and 60 -Day Maintenance Period, complete as specified C. Related Work in Other Sections: Earthwork and Topsoil Placement - Subsection 308-2 Planting - Subsection 308-4 Irrigation System Installation- Subsection 308-5 1.02 QUALITY ASSURANCE A. Requirements of Regulatory Agencies: All work and materials shall be in full accordance with latest rules and regulations of safety orders of Division of Industrial Safety and all other applicable laws and regulations of the City of Newport Beach, California. 1. Provide for all inspections and permits required by Federal, State, or local authorities in furnishing, transporting, and installing of all agricultural chemicals. 2. The County Agricultural Commissioner's Office must, by law, be given a monthly record of all herbicides, insecticides and disease control chemicals used. Provide evidence to City of this submittal. B. Applicable Standards: All references to the Standards as described below shall mean the current or latest editions: • "Standard Specifications" - Standard Specifications for Public Works Construction • "ASTM" - American Society for Testing and Materials. • "DIS" - Division of Industrial Safety. Apply standards for plant materials as described in the following: Page 57 of 63 Fertilizing Woody Plants, University of California, Cooperative Extension Leaflet #2958, September 1979. Pruning Landscape Trees, University of California, Cooperative Extension Leaflet #2574, January 1979. Staking Landscape Trees, University of California Publication AXT-311 C. Work Force: 1. Experience: The planting establishment firm shall have a full time foreman assigned to the job for the duration of the contract in conformance with Subsection 7-6 of the Standard Specifications. He shall have a minimum of four years experience in planting establishment supervision, with experience or training in turf management, entomology, pest control, soils, fertilizers and plant identification. 2. Labor Force: The planting establishment firm's labor force shall be thoroughly familiar and trained in the work to be accomplished and perform the task in a competent, efficient manner acceptable to the City Engineer. 3. Supervision: The foreman shall directly employ and supervise the work force at all times. At least one (1) English speaking supervisor must be on site when work is being performed. Notify City Engineer of all changes in supervision. 1.03 SUBMITTALS A. Submit to City Engineer for approval, two (2) copies each of the following items: 1. Schedule of establishment operations and monthly status report including list of all equipment and materials proposed for the job. 2. Written application recommendation by a licensed agricultural pest control advisor for all weed, pest and disease controls restricted by the Director of Agriculture proposed for this work. 3. All licenses and insurance required by the City of Newport Beach and the State or Federal government pertaining to this work. 4. Monthly record of all herbicides, insecticides and disease control chemicals used for the project. 1.04 PROJECT CONDITIONS A. Site Visit: At beginning of establishment period, visit and walk the site with the City Engineer to clarify scope of work and understand existing project/site conditions. Page 58 of 63 B. Documentation of Conditions: Document general condition of existing trees, shrubs, vines, ground covers and lawn recording all plant materials which are damaged or dying, if any. C. Irrigation System: Document general condition of existing irrigation system, making sure that faulty electrical controllers, broken or inoperable sprinkler heads are reported. 1.05 SCHEDULING A. Perform all establishment during hours mutually agreed upon between City Engineer and Contractor. B. Work force shall be present at the project site at least once a week and as often as necessary to perform specified establishment in accordance with the approved establishment schedule. PART 2 -PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Fertilizers: Gro -Power 15065 Telephone Ave. Chino, CA 91710 (909) 393-3744 "Tri -C" Tri -C Enterprises LLC 4011 Schaefer Ave Chino, CA 91710 (800) 927-3311 B. Herbicides: Chevron Chemical Company 575 Market Street San Francisco, CA 94105 (415)894-0880 Rhone-Poulenc Chemical Company Agro Chemical Division P.O. Box 125 Mon Mouth Junction, NJ 08852 (201) 297-0100 Ciba-Geigy Corporation Agricultural Division P.O. Box 1830 Page 59 of 63 Greensboro, NC 27419 (919) 292-7100 Elanco Products Company 740 S. Alabama St. Indianapolis, IN 46285 (317)261-3638 The DOW Chemical Company P.O. Box 1706 Midland, MI 48640 (517)636-0236 3M Company -Agri Chemicals Project 3M Center, Bldg. 223-6SE St. Paul, MN 55144 (317)261-3000 2.02 MATERIALS A. General: All materials and equipment, unless otherwise indicated, shall be provided by the Contractor. B. Water: Clean, potable and fresh, furnished and paid for by the Contractor. Transport as required. C. Fertilizers: 1. Top Dress Fertilizer: Gro Power 5-3-1 or Tri -C 6-2-4-+ 5%S D. Herbicides, Insecticides, and Fungicides: 1. Obtain best quality materials with original manufacturers' containers, properly labeled with guaranteed analysis. 2. Use non -staining materials. E. Lawn Seed for Reseeding: Match existing lawn mix PART 3 - EXECUTION 3.01 GENERAL A. Duration: Continuously maintain each plant and each portion of ground cover area after installation, during progress of work, and for a period of 60 -days after completion of all planting work in conformance with Subsection 308-6 of the Standard Specifications until Final Acceptance. B. Protection: Page 60 of 63 1. Protect all planting areas from damage of all kinds from beginning of work until Final Acceptance. 2. Establishment includes temporary protection fences, barriers and signs as required for protection. C. Replacements: 1. Immediately treat or replace all plants that become damaged or injured, as directed by City Engineer at no additional cost to City of Newport Beach. 2. Replacement plants shall be of a size, condition and variety acceptable to City Engineer. D. Weed Control: 1. Control weeds, preferably with pre -emergent herbicides and with selective systemic herbicides. 2. All areas between plants, including watering basins, shall be weed free. 3. Use only recommended and legally approved herbicides to control weed growth. 4. Avoid frequent soil cultivation that destroys shallow roots and breaks the seal of pre -emergent herbicides. 3.05 INSECTS, PESTS, AND DISEASE CONTROL A. Inspection: Inspect all plant materials for signs of stress, damage and potential trouble from the following: 1. Presence of insects, moles, gophers, ground squirrels, snails and slugs in planting areas. 2. Discolored or blotching leaves or needles. 3. Unusually light green or yellowish green color inconsistent with normal green color of leaves. B. Personnel: Perform spraying for insect, pest and disease control only by qualified, trained personnel. C. Application: Spray with extreme care to avoid all hazards to any person or pet in the area or adjacent areas. 3.06 THE 60 -DAY PLANT ESTABLISHMENT PERIOD A. Preliminary Review: As soon as all plantings are completed per Contract Documents, hold a preliminary review to determine the condition of the work. Page 61 of 63 B. Date of Review: Submit a written request to the City Engineer at least five (5) working days prior to anticipated date of review. C. Beginning of the 60 -Day Plant Establishment Period: The date on which the City Engineer issues a letter of Preliminary Acceptance to the Contractor. 3.07 THE 240 -DAY MAINTENANCE PERIOD A. Preliminary Review: Upon completion of the 60 -Day Plant Establishment Period, hold a preliminary review to determine the condition of the work. B. Date of Review: Submit a written request to the City Engineer at least five (5) working days prior to anticipated date of review. C. Beginning of the 240 -Day Maintenance Period: The date on which the City Engineer issues a letter of Completion of Plant Establishment to the Contractor. 3.08 FINAL ACCEPTANCE A. Acceptance: 1. Work will be accepted by the City Engineer upon satisfactory completion of all work, including Establishment Period and Maintenance Period, but exclusive of replacement of materials under the Warranty Period. 2. Submit a written request to City Engineer for review for Final Acceptance at least five (5) working days prior to anticipated Final Review date, which is at the end of the Maintenance Period. B. Corrective Work: 1. Work requiring corrective action or replacement in the judgment of the City Engineer shall be performed within ten (10) calendar days after the Final Review. 2. Perform corrective work and materials replacement in accordance with the Drawings and Specifications, and shall be made by the Contractor at no cost to the City of Newport Beach. 3. After corrective work is completed, the Contractor shall again request a Final Review for Final Acceptance as outlined above. 4. Continue establishment of all landscaped areas until such time as all corrective measures have been completed and accepted. C. Conditions for Acceptance of Work at End of Maintenance Period: 1. Each plant shall be alive and thriving, showing signs of growth and no signs of stress, disease, or any other weaknesses. Page 62 of 63 2. All plants not meeting these conditions shall be replaced and a 60 - Day Plant Establishment Period and 240 -Day Maintenance Period commenced for such plants. D. Final Acceptance Date: The date on which the City Engineer issues a Letter of Final Acceptance. Upon Final Acceptance, the City of Newport Beach will assume responsibility for maintenance of the work. E. Observation Schedule: The Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the following time schedule. The Contractor shall be familiar with the number and type of planting observations necessary prior to work. Typical observations may consist of, but not be limited to the following consecutive calendar day schedule: 1. Pre -job conference 7 days 2. Plant material inspection 7 days 3. Plant material layout/approval 7 days 4. Final planted locations 7 days 5. End of Construction punch list 7 days 6. End of Landscape Establishment phase punch list 7 days 7. End of Landscape Maintenance phase Punch list 7 days 8. Final observation at the end of the Maintenance Phase 7 days In the event the Contractor calls for an observation without record drawings, without completing previously noted corrections, or without preparing the system for proper observation to the satisfaction of the Engineer, the observation may be postponed. 3.09 WARRANTY PERIOD AND REPLACEMENTS OF PLANT MATERIALS A. Specific Requirements: Refer to the following sections of these Special Provisions: 1. "Irrigation" 2. "Lawns and Grasses" Page 63 of 63