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C-8130-2 - Bonita Canyon Sports Park Pickleball Courts
October 24, 2018 Green Giant Landscape, Inc. Attn: Donald L. Henderson 941-A Macy Street La Habra, CA 92649 Subject: Bonita Canyon Sports Park Pickleball Courts C-8130-2 Dear Mr. Henderson: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAX newportbeachca.gov On October 24, 2017, 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 October 26, 2017 Reference No. 2017000454884. The Surety for Philadelphia Indemnity Insurance Company and the bond number is PB Enclosed is the Faithful Performance Bond. Sincerely, �� ► ►I /�i cam, ��'" v u v Leilani 1. Brown, MMC City Clerk Enclosure Recorder on the contract is 11510400658. CITY OFNEWPORT BEACH BOND No. PB 115104 00658 "Premium is based on 100% of the final contract amount. " FAITHFUL PERFORMANCE BOND The premium charges on this Boni is $10,622.00 , being at the rate of $ 20.00 thousand of the Contract price. WHEREAS, the City of NeWport Beach, State. of California, has awarded to Green Giant Landscape, Inc., hereinafter designated as the "Principal,' a contract for the mobil)zing, providing traffic control, erosion control, staking and survey monument restoration verifying utility locations coordinating with utility companies, clearing and grubbing; completing site demolition and earthwork; grading site; constructing drainage improvements; post -tensioned concrete pickleball court over base material with vapor retarder; :concrete walk, mow curb, and v -ditch, seat wall and retaining wall with subdrains andcourt surfacing; furnishing and installing black vinyl chain link fence and gates; windscreen fabric, pickleball court posts, nets, trash receptacles, benches, landscaping and irrigation improvements; preparing as -built drawings: and all other work required by the. Contract Documents, 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, andPhiladelphia Indemnity Insurance Company duly authorized to transact business under the laws of the.State of California as Surety (hereinafter "Surety% are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Tlsirty One Thousand One Hundred Dollars and 001100 ($531s100.00) 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 helm, 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 tails 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:. Green Giant Landscape, Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in lull 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 gond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 3rd o _ May 2017 Green Giant Landscape, Inc. 'd 2k Name of Contractor (Principal) Authorized ignatu€e/Title Philadelphia Indemnity Insurance Company Name of Surely AuthorizedAgaKSignature. 251 S. Lake Avenue, Suite 360, Pasadena, CA 91101 Address of Surety (626)639-1325 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:5 A V % Matthew J. Coats, Attomey-in-Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Green Giant Landscape, Inc- Page B-2 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 } Countyof On before me, OS)e I01?dO f4eoder-50Yi personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1 .•��F.,, ...CE TOLEDO HE � WITNESS my d nd I f eau. �RYPOS 20CAL p NOTARY ANGELE•C OON,y Ip (O Log ANGELES COUaIY T x` MC COW. ElP. Nm, +' V Nota Signa e (Notary Public Seal) 9— ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING TfnS FORM Tire form California eomphes with current statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT (needed should be completedand attachedto the document Acbmviedgments from other states may be completedfordocuments being sent to that state so long as the wording does not require the California notary to violate California notary Imp. (title Or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. (ride a d�piption of attached document continued) • Date of notarization must be the date that the signer(s) personally appeared which most also he the same date the acknowledgment is completed. Number of Pages Document Date • The notary public must print his or her name as it appears within his or her g commission followed by a comma and then your title (notary public)_ • Print the namc(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. are) or circling the correctfors. Failto correctly indicate this ❑ Individual (s) hehhelthey;- is/mure information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. ti Impression must not cover text or lines. If seal impression smudges, re -seal if a (Tj e) sufficient area perrnits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attomey-in-Fact G Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other ❖ Indicate title or type of attached document, number of pages and date. s 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 vA•.ror.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On MAYA 3 2017 before me, Date personally appeared Matthew J. Coats Adelaide C. Hunter, Notary Public Here Insert Name and Title of the Officer 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/herRheir authorized capacity(ies), and that by his/herRheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ADELAIDE C. HUNTER Notary Public • California Orange County Z Commission N 2166064 M Comm. Expires Oct 19.2020+ 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 AIJPAl _ Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(es) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 45907 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats and Matthew J. Coats of Coats Surety Insurance Services, Inc.. its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14a of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS lora DAY OF NOVEMBER, 2016. On this 14" day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. e aaeNN y .d NOn t. M NOFNNK lower aeM T".• aonllcmar m g, : Y w �-e•'- Notary Public: (Seal) •^ Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 14" day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. e aaeNN y NOn t. M NOFNNK lower aeM T".• aonllcmar N, r a`M "M tan, a• 2811 Y w �-e•'- Notary Public: ""`" (Notary Seal) residing at: Bala Cvnwvd. PA My commission expires: January 8. 2018 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 14'" day of November, 2016 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this r— day of✓l_ j_ iJ 207. E� "•_„Nlyy„ 19275E m' { 2 Edward Sayago, Corporate Secretary tyh^ w`'.; a PHILADELPHIA INDEMNITY INSURANCE COMPANY P January 2, 2018 Green Giant Landscape, Inc. Attn: Donald L. Henderson 941-A Macy Street La Habra, CA 92649 Subject: Bonita Canyon Sports Park Pickleball Courts C-8130-2 Dear Mr. Henderson: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1949-644-3039 FAx newportbeachca.gov On October 24, 2017 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 October 26, 2017, Reference No. 2017000454884. The Surety for the bond is Philadelphia Indemnity Insurance Company and the bond number is PB 11510400658. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure CITY OF NEWPORT BEACH BOND r3. PB 115104 00658 Premium: Included with Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Green Giant Landscape, Inc., hereinafter designated as the "Principal," a contract for the mobilizing, providing traffic control, erosion control, staking and survey monument restoration verifying utility locations coordinating with utility companies; clearing and grubbing; completing site demolition and earthwork; grading site; constructing drainage improvements; post -tensioned concrete pickleball court over base material with vapor retarder; concrete walk, mow curb, and v -ditch, seat wall and retaining wall with subdrains and court surfacing; furnishing and installing black vinyl chain link fence and gates, windscreen fabric, pickleball court posts, nets, trash receptacles, benches,. landscaping and irrigation improvements; preparing as -built drawings; and all other work required by the Contract Documents, 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 band; 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, Philadelphia Indemnity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Suret)') are held and firmly bound unto the City of Newport Beach, in the sum of live Hundred Thirty Otis Thousand One Hundred Dollars and 001100 ($531,100.00) 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 specifiedin this Bond, and also, in case suit is brought to enforce the Green Giant Landscape, Inc. Page A-1 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. 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 of May 2017 Green Giant Landscape, Inc. Name of Contractor (Principal) u#honzed S nature , le Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Avenue, Suite 360, Pasadena, CA 91101 Address of Surety (626)639-1325 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp Pa— City Attorney 61t% Authorized A20M Signature Matthew J. Coats, Attorney -in -Fact Printf Name and Title NOTARY ACKNOtli/t-EDGMENT5 OF CONTRACTOR AND SURETY MUST BE ATTACHED Green Giant Landscape, Inc. Pages 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 Countyof On 6-q-11 beforeme, ROSie I01edV 4eIrlder60y1 , {nary aeanreme erw wa m me wncen personally appeared(�lr'o id L-. kid,'( 3uyl who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m n Tal Seal. ,. ROSIE tOLE00HFNOERSON ? <, '; Corm+. # 2088732 II^ (� a. 8 NOTARY FUAUC-CALIFORNIA VI LOS ANGELES NTY My CONu. Ear. Nov.v. 16, 15,1018^' (Notary Public Seal) H0126 iVirl11 OF THE ATTACHED DOCUMENT Re or description of attached document) (Title or description of attached document continued) Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version vvsmv.NotaryClasses.corn 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM C)IN Thisform complies with current California statutes regarding notary wording and, ifneeded should be completed and attached to the document. Aclawwledgmems from other states may he completedfordocuments being sent to that state so long as the wording does not require the California notary to violate California notary law. • State 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. • The 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). • Print the name(s) of document sigier(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hWshe/Ehe);- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover teat or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature 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 not misused or attached to a different document. O Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On MAY 0 8 2017 before me, Adelaide C. Hunter, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Names) 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. ADELAIDE C. HUNTER Notary Public • California i Oran" county Commission 8 2168064 M Comm. Ea ices Oct 19, 2020 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: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 M PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats and Matthew J. Coats of Coats Surety Insurance Services. Inc., its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 10 of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14rN DAY OF NOVEMBER, 2016. `°P Ntty" rn :•�„ycAt r•re4' rY � 1927 : mi 3 Edward Sayago, Corporate Secretary IlonlMer Mexo55".4lw PHILADELPHIA INDEMNITY INSURANCE COMPANY r` (Seal) • ,.. Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 10 day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. ox x�—Eiv rn :•�„ycAt r•re4' rY � 1927 : mi 3 Edward Sayago, Corporate Secretary IlonlMer Mexo55".4lw PHILADELPHIA INDEMNITY INSURANCE COMPANY r` Notary Public: (Notary Seal) residing at: Bala Cynwyd. PA My commission expires: January 8. 2018 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 10 day of November, 2016 are true and correct and Inc still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, rd In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of, 20 rn :•�„ycAt r•re4' rY � 1927 : mi 3 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY r` Document -4215509 -Page -1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder Illllll11111111111111111111111111111111Ell 111111111111111111lIIII III NO FEE *$ 8 0 0 0 9 6 5 7 6 9 4$* 2017000454884 8:19 am 10/26117 47 NC -5 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Green Giant Landscape, Inc., La Habra, California, as Contractor, entered into a Contract on April 25, 2017. Said Contract set forth certain improvements, as follows: Bonita Canyon Sports Park Pickleball Courts - C-8130-2 Work on said Contract was completed, and was found to be acceptable on October 24, 2017, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Philadelphia Indemnity Insurance Company. n BY City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. about:blank 10/26/2017 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 Green Giant Landscape, Inc., La Habra, California, as Contractor, entered into a Contract on April 25, 2017. Said Contract set forth certain improvements, as follows: Bonita Canyon Sports Park Pickleball Courts - C-8130-2 Work on said Contract was completed, and was found to be acceptable on October 24, 2017, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Philadelphia Indemnity Insurance Company. n BY l/ Public Worcs Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on /`V) at Newport Beach, California. r BY City Clew CITY OF NEWPORT BEACH CITY CidA, 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 6th of April, 2017, at which time such bids shall be opened and read for BONITA CANYON SPORTS PARK PICKLEBALL COURTS Contract No. 8130-2 $ 510,000.00 Engineer's Estimate Approved by Ma c VukojevidV City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Santa Ana Blue Print (949) 756-1001 Located at 2372 Morse Ave, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Peter Tauscher, Project Manager at (949) 644-3316 City of Newport Beach BONITA CANYON SPORTS PARK PICKLEBALL COURTS Contract No. 8130-2 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONSTO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)...................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 17 INFORMATION REQUIRED OF BIDDER..................................................................... 18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT...................................................................................................................... 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 Roach Contract No. 8130-2 INSTRUCTIONS TO BIDDERS I. 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 to be submitted to the City Clerk) DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via Planet8ids) 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 Planet8ids) 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 (2) listed as an acceptable surety in the latest revision of the Federal Register CircuCalifornia, and lar 570. The successful bidder's security shall be held until the Contract is executed. Original Copy shall be submitted to the City Clerk's Office. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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) 703-3774, 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 thtowner. \ t) The signature below represents that the abode 030q,73 A, 1-4-9-11 Contractor's License No. & Classification 10000lgns Ut3��i�o DIR Reference Number &Expiration Date Green Giant Landscape, Inc. Bidder 0 reviewed. Date City of Newport Beach BONITA CANYON SPORTS PARK PICKLEBALL COURTS Contract No. 8130-2 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of ten percent of the total amount of the bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BONITA CANYON SPORTS PARK PICKLEBALL COURTS, Contract No. 8130-2 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 form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this Green Giant Landscape, Inc. Name of Contractor fPr Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Avenue, Suite 360, Pasadena, CA 91101 Address of Surety (626)639-1325 Telephone of March 1 .2017. Author¢ed�g6nt Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal $ SUrety must be attached) 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �a-».-rrrr..x.r..�sY.�S�,F�r�;�C'st>.dS.r`C,fEf�tizC�SCS.�S. CC�S�'.�ts>ce;e�.r�uSi A notary public or other officer completing this certificate verifies only the identity of the individual who signe7the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of p urange On MAR 2 9 2017 before me, Date personally appeared Matthew J. Coats Summer L. Reyes, Notary Public Here Insert Name and Title of the Officer 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. SUMMER L. REYES Notary Public • California .Z.`m Orange County Z Z ' Commission # 2158864 M Comm. Expires Jul 29, 2020 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 it/ Y Signature Yf Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 4013 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats and Matthew J. Coats of Coats Surety Insurance Services. Inc.. its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25.000.000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14m DAY OF NOVEMBER, 2016. . L9'is .,'. 27 o e (Seal) " Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 14' day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. nno w rx r r x y nonne non Xonre, M"OYb Neta (Notary Seal) Notary Public: residing at: My commission expires: Bala Cynwyd. PA January 8. 2018 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 14" day of November, 2016 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, qq / In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this Oe / day of M� f,_l t . 20 . Award Sayago, Corporate Secretary c;',.` PHILADELPHIA INDEMNITY INSURANCE COMPANY - za,• .r 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 Ora nlei } On L bIl'7 before me, Hosie - I ed o 4evider-50-'g !Here msen name and uae or me omcer) personally appeared 1�7YIGt �p� [>. j-�Pyl(,'{��60 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m a d I seal.? }! COMM.# 2086732 t�pp W QAo NOTRAY PUBLIC'ENDE R O Ul LOSASORTS COUNTY „„„F� , Mr Cow. EYP. NOV. 16, 4018 Notary PtWic 5o$naW(e Z (Notary Public Seal) ALJUI I IVIVAL VrI IUNAL INI-UKI DESCRIPTION OF THE ATTACHED DOCUMENT (rifle or description of attached document) (Tille or description of attached document continued) of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM DN This form complies with current California statures regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments fiom other states may be completed fordoctmtenls being sent to that state so long as fire wording does not require the California notary to violate California notary Imp. • State 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 dale that the signer(s) personally appeared which most also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and lien your title (notary public) • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hdshehhey- is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, ne-seal if a sufficient arca permits, otherwise complete a different acknowledgment form. • Signature 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 not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. i• Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. BONITA CANYON SPORTS PARK PICKLEBALL COURTS Contract No. 8130-2 DESIGNATION OF SUBCONTRACTORS) 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 maybe 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: C 0 I07 Address: aA W • 94s+- SIG Yni Uc., l� Phone: SOS/N/.C'O•--nS ( fn � Y�^'1�s / 1'�0�✓'��' 0p UU 1� State License Number: lAV 0 `107 - C f t� DIR Number: I' 000000 56-1 \ Email Address: WCC MWPLq-em V1 Name: Address: Phone: State License Number: DIR Number: Email Address: Name: Address: Phone: State License Number: DIR Number: Email Address Green Giant Landscape, Inc. Bidder E3 City of Newport Beach BONITA CANYON SPORTS PARK PICKLEBALL COURTS Contract No. 8130-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name Green Giant Landscape, 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 three (3) years in excess of $100,000; at least two public contracts shall include post tension concrete work, provide the following information: No. 1 ��,` Project Name/Number. e�/�/ Iy$ �'a'✓lG(54st- / 2II e i /CLt-LG(//Ji� Project Description �4)zjy 5 -6elal Approximate Construction Dates: From /9 /& To: y/l '7 Agency Name (ir ,//y Contact Person o beCca, j r'� Telephone (U Original Contract Amount $ )o Final Contract Amount $ JGUVI'_)' If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 0 No.2 364I�CIII�Q �U J� 71�` Project Name/Number Project Description PUA ; Approximate Construction Dates: From- To: Col �Ol (o Agency Name Contact Person J�0 LU ((6v Telephone (-,1A') 3 Original Contract Amount$�� NSI Final Contract Amount $ �aGvl"n.Q If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3q /1 , Project Name/Number (�asucy Irti`aWV01 ✓ 6 YyV,,� F1 ✓ n IiY✓Yu/i slya<hA' 0-a, 4 ftp( Project Description i(V"� b 0 (ctK�tiW� �' (Cuw�-6Cc4Z Approximate Construction Dates: From 3 X01 4' To: u I C) 1 la Agency Name �J of V"t-- I'//11 II u Contact Person V� �t 4y U C�LVI7�c� (c� Telephone (bpi) 0 Original Contract Amount $ A'0 i'l 'Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number Z:2�12 Q'w/K PLVi f Mf2EPyy1 }IC KtS Project Description d�G✓�L V PiY�d �GL�i0Y1 �(�Q I�Yt��V� �i �j�s�� (��((Cp�v�s; v ✓� ��hd� Approximate Construction Dates: From 1 bd /(a To: 14017 Agency Name U ' 4o4— ,A -Y rw Ld, Contact Person S�eytl 'Beev- Telephone (&) j Original Contract Amount $ &W Final Contract Amount $ 1 , ,}30. 000 If final amqunt is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number ) ��/�C4I''CLF �a�0 �(u � J Project Description � `�-C �w Vl h S Ry� 6 Oauv" f 5 Approximate Construction Dates: From To: 2/ (e_ Agency Name Ska, Contact Person AA64VYlaAl)Vc2, Telephone(gQ Original Contract Amount $j00�Final Contract Amount $ (06, p60 I— amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number rr .. fP,(1T[( f�71 moi° Vl V1 1 5 12ncG(. Project Description lY {Vi VI 15 60ZIJf FS PI G�'C-��(� (Q%c✓� 5 Approximate Construction Dates: From To: ")-o f Agency Name (%Ujf rl MON V1 ( Vt-eV gid '2'. "k --" Contact Person gie, b s 2 VN D1 Telephone Original Contract Amount $ (� ba Final Contract Amount $ 10D,000 If final 9mount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor sha sufficiently comprehensive to pen conditions. Green Giant Landscape, Inc. Bidder attach a i an aon 12 statement a d other information the Contract is current financial del/2 City of Newport Beach BONITA CANYON SPORTS PARK PICKLEBALL COURTS Contract No. 8130-2 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of rAY -DA6t &(SdYI being first duly sworn, dggposes and says that he or she is P I M of [;),lmOiumfllBata5l� InL, , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository,yr-ieany-mem!7 or agent thereof to effectuate a collusive or sham bid. \, I declare under penalty of perjury of the la of th State of Callfor is tl tl e f regoing is true and correct. Green Giant Landscape, In � � A� yros(d m— Bidder Subscribed and sworn to (or affirmed) before me on this -day of v1 I 2017 by n a(d (_ . i4nde✓5ar) , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of om* foregoing paragraph is true and correct. .. .•"""•., NOW TO LEDO•HENDERSON� liC } 5 comm.# 2086792 1�pp ry :� .Q NOTARY PUBLIC -CALIFORNIA y' [SEAL) MY LOS ANOELEB COUNTY ".unw�`` COMM. EXP. NOV. 1E, P01B"� My Commission Expires: 0 1 S 1191 City of Newport Beach BONITA CANYON SPORTS PARK PICKLEBALL COURTS Contract No. 8130-2 DESIGNATION OF SURETIES Bidder's name Green Giant Landscape, 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): 1-4'rti t4 49,IL 919- 1157-1060 Philq"ktt;j2 1nw"&, co. --- a 5/ s. 6-A ke kAe. 5at u 36o A5ad-tna, c% 9//o/ A4 lu eUkdjf.F lead-jp39-13a i 14 City of Newport Beach BONITA CANYON SPORTS PARK PICKLEBALL COURTS Contract No. 8130-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Green Giant Landscape, 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 2016 2015 2014 2013 2012 Total 2017 No. of contracts `7l,. t!/ (� 3,3 Total dollar 4$ I' m � � 3 � 2" 3$ 3 �3•I b� `� b(U, 39 Amount of Contracts (in 00ayx , yvt(IliUyl NulliD�1 t11iIliD11 rM�IItD�1 fni�llu>j ,�„Il;utiv Thousands of $ No. of fatalities No. of lost Workday Cases .6- No. of lost workday cases involving permanent transfer to �1— tT 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 Green Giant Landscape, Inc. Business Address: A M MGN 5 f . L-4 JJc 0 V 003( Business Tel. Ni State Contractor's License No. and Classification: O 0 U -I � /A G- 9q Title IPYPSi evi+ The above information was compiled from the records that are available to me at this time and I declar nde� penalty-of.perjury that the information is true and accurate within the limitatio of those records. Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI i[: 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/ On 7 / (411 -7 before me, 'Rosie To I ed o t4eod e!/50),i (Hem !men names true of ao leer personally appeared . r a (A b. J _y M, ey-' J 1 , 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my (Notary Public Seal) INI-UKMA1 DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version vvvvw.NotaryClasses.com 800-873-9865 nO�ROSIE TOLEDO.HENDERSON CoemmJ 2086732NOTARY PUBLIC-CALIFORNIALos ANGFLrs COUNTY my Cow. EAR. Nov. 15, 2018^' ON INSTRUCTIONS FOR COMPLETING THIS FORM This fortu complies with current California statutes regarding notary wording and, ifneeded should be completed and atached to the document. Acknowledgments fi-onr other slates may be completedfordocumenis being sent to that state so long as the hording does not require the California notary, to violate California notary Imp. • State 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. • The 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)_ • Print the names) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plum] forms by crossing off incorrect forms (i.e. Wshelthey, is1w)or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The 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. • Signature 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 not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. City of Newport Beach BONITA CANYON SPORTS PARK PICKLEBALL COURTS Contract No. 8130-2 ACKNOWLEDGEMENT OF ADDENDA r -cn Giant Landscape, Inc. Bidder's name p � The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum 17 City of Newport Beach BONITA CANYON SPORTS PARK PICKLEBALL COURTS Contract No. 8130-2 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: Green Giant Landscape, Inc. Business Address: qq 1-A M AGU 5f • LA, N Telephone and Fax Number: 513 - & 40 -& California State Contractor's License No. and Class:— (REQUIRED lass(REQUIRED AT TIME OF AWARD) Original Date Issued: 1003 Expiration Date: 5-31 -19 - boa - 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: "Dvra laC L. gens ey-so n PYPSidtA+ 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 L (l K6''wn nL P(e6i A,�- 9u(4 `Dir a --&yo -&JC4 R 5i'c, TDfe6(o afwe�ivua «if����� �uf�s� Corporation organized under the laws of the State of LSU I( k1-VL(Gt- IV The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: l o N r 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; do Nr Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Have you Jever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No iRI Are any claims or actions unresolved or outstanding? Yes �o > If yes to any of the above, explain. (Attach additional sheets, if necessary) ,. Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. 711een Giant Landscape, Bidder of name of Owner or President e5i cteiv�- Title L//(P/l ? Date &Xl_ On u/l 7 before me, /W;�&Wedo- wtl ey-6m , Notary Public, personally appeared Li7➢1am L wycieVS<Y1 , 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), orthe 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. My Commission Expires' I ( (`5 1 20 TOLEOONENDER50N< Comm.0 2086732 m NOTARY POBLIC•CAL7O3" A N (SEAL) �. LOS AXCFlE9 CN NiY4015 Mr Comm ESP. Nov. 15, Donald L Henderson 941-A Macy St. La Habra, CA 90631 C: 562-690-6208 e: greengiantinc@aol.com Experience Mar.'90— Present — Green Giant Landscape, Inc. La Habra, CA General Contractor - Founder and President of Green Giant Landscape, Inc. ® Green Giant Landscape, Inc. is a certified small business, providing comprehensive landscape construction services for an array of public works agencies throughout Orange, Los Angeles and San Bernardino Counties. We perform small, medium, large scale projects (parks, playgrounds, sports fields, plazas, monuments, streetscapes, islands, and mixed-use public realm. As the president of the company, it is my responsibility to ensure that each and every project is managed in a timely manner, communicating with project managers and inspectors the daily tasks needing completion. I direct our foreman and oversee all workers to ensure work is being completed as intended, providing reports to owners on the status of the projects. Able and willing to collaborate with other professionals such as architects, engineers, environmental planners and designers in the developing of all the projects taken under Green Giant Landscape, Inc. p Fully bonded by Philadelphia Insurance Companies, a member of the Tokyo Marina Group., and insured by Golden Eagle Insurance Company. a Licensed by the State of California with an A and C27 contractor's active license No. 670478 1an'84 — Feb'90— County of Orange, Santa Ana, CA Landscape Foreman Construction Experience Don Henderson has been in the Landscape Construction business for over 25 years. In those 25 years, he has supervised million dollar projects for many different city agencies. He has worked for small city agencies as well as large city agencies. He also has done work for many different school districts and colleges. Green Giant Landscape's focus is mainly landscape projects, irrigation and masonry and athletic playfields and playgrounds. f I GREEN GIANT LANDSCAPE INC. CERTIFIED COPY OF RESOLUTIONS OF BOARD OF DIRECTORS OF GREEN GIANT LANDSCAPE, INCORPORATION "RESOLVED, that Donald, L. Henderson, as President of Green Giant Landscape Incorporated, is authorized to enter into and sign all contracts on behalf of this Corporation." STATE LIC. A&C-27, # 670478 I, Rosie Toledo, the duly elected, qualified and acting Secretary of Green Giant Landscape Incorporated, an organized and existing California Corporation, do hereby certify that the foregoing is a full, true and correct copy of the resolution duly adopted by the Board of Directors of said corporation at a meeting thereof at which meeting a quorum of said Board was at all time present and acting; and that said resolution has not been modified or rescinded and is at the date of this Certificate in full force and effect. IN WITNESS WHEREOF, the undersigned has executed this Certificate and affixed the corporate seal of said corporation this eclay of fl I 2011. 941-A Macy Street @ La Habra, CA 90631-3400 E -Mail: greengiantincgaol.com (562) 690-6208 • Fax (562) 690-5029 greengiantoffice@aol.com City of Newport Beach BONITA CANYON SPORTS PARK PICKLEBALL COURTS Contract No. 8130-2 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 -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 City of Newport Beach BONITA CANYON SPORTS PARK PICKLEBALL COURTS Contract No. 8130-2 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 8130-2 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: y -b -/ Date Fo,,c st, p &RD -- -Zzj 5ZI�--(PVia- 69-0 !( Bidder's Telephone and Fax Numbers Green dant Lan 'vqe, Inc. Bidder l vt v vi%jd e/J— iddonzed Signa ure and Title 1170�7�' A 0-9-7 ('o, IL- low,- 9063/ Bidder's License No(s). ` Bidder's Address and Classification(s) / 000QIND 3`6 DIR Number Bidder's email address: 61 re -epi -w/),t f - PR -1 City of Newport Beach Page 1 BONITA CANYON SPORTS PARK PICKLEBALL COURTS (C-8130-2), bidding on April 6, 2017 10:00 AM (Pacific) Bid Results Bidder Details Vendor Name Green Giant Landscape, Inc. Address 941-A Macy Sl La Habra, CA 90631 United States Respondee Donald Henderson Respondee Title President Phone 562-690-6208 Ext. Email greengiantofrice@aol.com Vendor Type License # CADIR Bid Detail Bid Format Electronic Submitted April 6, 2017 9:56:13 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 102505 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type BID SUBMITTAL C8130-2 GREENGIANT LANDSCAPE INC BID SUBMITTAL C-8130-2 Green Giant Landscape, INC.pdf General Attachment BID BOND BONITA CYN SPORTS PARK C8130-2 BIDDERS BOND NEWPORT BEACH.pdf Bid Bond Line Items Type Item Code UOM qty Unit Price Line Total Comment Section 1 1 Mobilization, Traffic Control, Erosion Control, and Surveying Services Lump Sum 1 $28,000.00 $28,000.00 2 Demolition and Earthwork Lump Sum 1 $62,000.00 $62,000.00 3 Import Material (Includes Export of Expansive Material) Cubic Yd 70 $50.00 $3,500.00 4 Drainage Improvements Lump Sum 1 $36,000.00 $36,000.00 5 Pickleball Court Hardscape, Sand, Retarder, Surfacing, and Paint Lump Sum 1 $170,000.00 $170,000.00 Line Total Comment $15,000.00 $3,200.00 $17,500.00 $18,000.00 $8,100.00 $18,750.00 $8,450.00 $6,000.00 $6,000.00 $1,800.00 $20,800.00 $19,000.00 $51,000.00 $5,000.00 $29,000.00 $1,500.00 Page 2 City of Newport Beach BONITA CANYON SPORTS PARK PICKLEBALL COURTS (C-8130-2), bidding on April 6, 2017 10:00 AM (Pacific) Bid Results Type Item Code UOM City Unit Price 6 PCC Walk Square Fl 1500 $10.00 7 PCC Mow Curb Linear Ft 160 $20.00 8 PCC V -Ditch Linear Ft 250 $70.00 9 Seat Wall Linear Ft 60 $300.00 10 Black Vinyl Coated Chain Link Fence With Windscreen Fabric (7 -Foot) on Retaining Wall (3 -Foot) Linear Ft 135 $60.00 11 Black Vinyl Coated Chain Link Fence With Windscreen Fabric (10 -Foot) Linear Ft 250 $75.00 12 Black Vinyl Coated Chain Link Fence Without Windscreen Fabric (10 -Foot) Linear Ft 130 $65.00 13 Black Vinyl Coated Chain Link Fence (3 -Foot) Linear Ft 120 $50.00 14 Black Vinyl Coated Chain Link Fence Pedestrian Gate (8 -Foot) Each 4 $1,500.00 15 Black Vinyl Coated Chain Link Fence Pedestrian Gale (3 -Foot) Each 2 $900.00 16 Pickleball Court Net and Posts Each 4 $5,200.00 17 Trash Receptacle and Benches Lump Sum 1 $19,000.00 18 Irrigation Lump Sum 1 $51,000.00 19 Soil Amendment Lump Sum 1 $5,000.00 20 Planting Lump Sum 1 $29,000.00 21 Plant Establishment Period (90 Calendar Days) Lump Sum 1 $1,500.00 Line Total Comment $15,000.00 $3,200.00 $17,500.00 $18,000.00 $8,100.00 $18,750.00 $8,450.00 $6,000.00 $6,000.00 $1,800.00 $20,800.00 $19,000.00 $51,000.00 $5,000.00 $29,000.00 $1,500.00 Page 2 City of Newport Beach BONITA CANYON SPORTS PARK PICKLEBALL COURTS (C-8130-2), bidding on April 6, 2017 10:00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price 22 Provide As -Built Drawings Lump Sum 1 $2,500.00 Subtotal Total Subcontractors Name & Address Description License Num CADIR TO SPORTS INC. Pickleball Courts, nets, posts 660967 1000000589 21 W. Easy St. and surfacing #107 Simi Valley, CA 93065 United States Line Total Comment $2,500.00 $531,100.00 $531,100.00 Amount Type $132,775.00 Page 3 BONITA CANYON SPORTS PARK PICKLEBALL COURTS CONTRACT NO. 8130-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 25th day of April, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Green Giant Landscape, Inc., a California corporation ("Contractor"), whose address is 941-A Macy Street, La Habra, California 92649, 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 mobilizing, providing traffic control, erosion control, staking and survey monument restoration verifying utility locations coordinating with utility companies; clearing and grubbing; completing site demolition and earthwork; grading site; constructing drainage improvements; post -tensioned concrete pickleball court over base material with vapor retarder; concrete walk, mow curb, and v -ditch, seat wall and retaining wall with subdrains and court surfacing; furnishing and installing black vinyl chain link fence and gates, windscreen fabric, pickleball court posts, nets, trash receptacles, benches, landscaping and irrigation improvements; preparing as -built drawings; and all other work required by the "Contract Documents" as defined in Section 1 hereto (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. 8130-2, 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 Thirty One Thousand One Hundred Dollars and 00/100 ($531,100.00). 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 Donald L. Henderson 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. 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. Green Giant Landscape, Inc. Page 2 6. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Donald L. Henderson Green Giant Landscape, Inc. 941-A Macy Street La Habra, CA 92649 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Green Giant Landscape, Inc. Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. 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 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. Green Giant Landscape, Inc. Page 4 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of 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 shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. Green Giant Landscape, Inc. Page 5 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 and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. Green Giant Landscape, Inc. Page 6 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 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. Green Giant Landscape, Inc. Page 7 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. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 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. 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. Green Giant Landscape, Inc. Page 8 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] Green Giant Landscape, 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 ATTORNEY'S OFFICE Date: S/ 11/ % r AaroF�-C. Harp— City Attorney ATTEST: Date: ���• �7 By: , NyY� Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a Californiajnunicipal corporation By: vin Muldoon Mayor CONTRACTOR: Green Giant Landscape, Inc., a California corporation Date: Signed in Counterpart By: Donald L. Henderson President Date: Signed in Counterpart By: Rosemeire T. Henderson Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Green Giant Landscape, Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY' OFFICE Date: / By: l� �r— Aaron C. Harp /cv City Attorney 51� ATTEST: -57 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONTRACTOR: Green Giant Landscape, Inc., a California corporation Donald L. President [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Green Giant Landscape, Inc. Page 10 pi1��1 CITY OF NEWPORT BEACH BOND NO, PB 115104 00658 Premium: Included with Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Green Giant Landscape, Inc., hereinafter designated as the "Principal," a contract for the mobilizing, providing traffic control, erosion control, staking and survey monument restoration verifying utility locations coordinating with utility companies; clearing and grubbing; completing site demolition and earthwork; grading site; constructing drainage improvements; post -tensioned concrete picklebail court over base material with vapor retarder; concrete walk, mow curb, and v -ditch, seat wall and retaining wall with subdrains and court surfacing; furnishing and installing black vinyl chain link fence and gates, windscreen fabric, pickleball court posts, nets, trash receptacles, benches, landscaping and irrigation improvements; preparing as -built drawings; and all other work required by the Contract Documents, 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, Philadelphia Indemnity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and €irrnly bound unto the City of Newport Beach, in the sum of Five Hundred Thirty One Thousand One Hundred Dollars and 0€1100 ($531,100.00) 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 or 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 Green Giant Landscape, !no. Page A-1 obligations of this Bond, a reasonable attomeys' 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 thews or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 at seq. of the Civil Code of the State of California. 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 of May 20 17 Green Giant Landscape, Inc. Mame of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Avenue, Suite 360, Pasadena, CA 91101 Address of Surety (626)639-1325 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: S/I V/ % By:.. Aaron C. Harp City Attorney 51t� Authorized AgO Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Green Giant Landscape, Inc. Page A-2 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 Ora 015 On I before me, -ROSie To l Pd 0 4eod er-5orl (mere even name am we or me mRCta) personally appeared uyr a fid, V -60-r l 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,• ^""O"'a ROM TOLEDO•HENDERSON COY M.1I 2086732 'p WITNESS m n lal seal. !n m~' 8 NOTARY PUBLIC CCLIfORNIA VI �lf �/l J /05 AXBELEN COUXtY -' .mmM. Mr Comm.CEIP. Nay. 1E, 2018" ADDITIONAL OPTIONAL INFORI DESCRIPTION OF THE ATTACHED DOCUMENT (Title to description of attached (Title or description of attached document continued) Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version �v.NotaryClasses.com 800-873-9865 (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM Thisforrn complies ivith current California statutes regarding notary wording and, ifneeded, should be completed and attached to the document. Acknowledgments jonr other states may be completed jor documents being sent to that state so long as the wording does not require the California notary to violate California notary Imp. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • nate of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The 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). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shchim5,, is /ere ) or circling the correct fortes. Failure to correctly indicate this information may lead to rejection of document recording. • The 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. • Signature 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 not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On MAY 0 S 2017 before me, Adelaide C. Hunter, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Names) 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. ADELAIDE C. HUNTER Notary Public • California Ir Z Orange County Z Commission # 2166064 M Comm. Ea fres Oct 19, 2020 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 A. 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: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 M: PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats and Matthew J. Coats of Coats Surety Insurance Services. Inc., its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 10 of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14m DAY OF NOVEMBER, 2016. "untir •" •.y 3 � :' Fr�'ex'• y r r x`1927 1-0 .6••.. .......... l\rel.••O � © (Seal) Robert D. O'Leary Jr, President & CEO Philadelphia Indemnity Insurance Company On this 10 day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Ma ra xnxmv y: Mora Mo late N t WCIK lmy Mlt I Thp., aantlanay rNnY rCT.Ttllbl, rWtM 1l�. !. x011 Edward Sayago, Corporate Secretary s ''.Tl•.t;,.r'°:' o e„ PHILADELPHIA INDEMNITY INSURANCE COMPANY •`"°u'°""`"- Yl.lr�.r.– otlar "MY "'!""" Notary Public: (Notary Seal) residing at: Bala Cynwyd. PA My commission expires: January 8.2018 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 141h day of November, 2016 we true and correct and are still in full force and effect. 1 do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, ? rJ In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this / — day of MCr,�, 20 N,,,•s y: 1'. 1927 (^ Edward Sayago, Corporate Secretary s ''.Tl•.t;,.r'°:' o e„ PHILADELPHIA INDEMNITY INSURANCE COMPANY a ,• CITY OF NEWPORT BEACH BOND NO. PB 115104 00658 "Premium is based on 100% of the final contract amount. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 10,622.00 , being at the rate of $ 20.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Green Giant Landscape, Inc., hereinafter designated as the "Principal," a contract for the mobilizing, providing traffic control, erosion control, staking and survey monument restoration verifying utility locations coordinating with utility companies; clearing and grubbing; completing site demolition and earthwork; grading site; constructing drainage improvements; post -tensioned concrete pickleball court over base material with vapor retarder; concrete walk, mow curb, and v -ditch, seat wall and retaining wall with subdrains and court surfacing; furnishing and installing black vinyl chain link fence and gates, windscreen fabric, picklebali court posts, nets, trash receptacles, benches, landscaping and irrigation improvements; preparing as -built drawings; and all other work required by I he Contract Documents, 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 Philadelphia Indemnity Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Five Hundred Thirty One Thousand One Hundred Dollars and 001100 ($531,1110.00) 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. Green Giant Landscape, Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in anyway 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 3rd JK §i p May 21017 Green Giant Landscape, Inc. Name of Contractor (Principal) Authorized ignature Title Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Avenue, Suite 360, Pasadena, CA 91101 Address of Surety (626)639-1325 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:5-11111-7 C Aaron City Attorney 6111 - r r-'' I - Matthew J. Coats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Green Giant Landscape, Inc_ Page B-2 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 On 5-141 before me, 'Rosie To I Pd o t4eyide!/50Y1 tnere mien namm e am me of me ocer) personally appeared L YI G� �D% L . j-� yl/, ey-'�vayl who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _ -- WITNESS my d rid I I eal. COMM.f<2oee�32 (n s' m+) p�� NOTARY PIIBLIC•CALIFORNIA h Los ANGELES CWNIY ,e Mr Comm. Ere. 11n, ; Nota Sign re (Notary Public Seal) ADDITIONAL OF THE ATTACHED DOCUMENT (Title or description of attached document) of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NolaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, ifneeded, should be completed and attached to the doaaaent. Acknowledgments from other states rmy be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary lmv. • State and County information must be the State and County where the document signers) 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. • The 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). • Print the names) of document signer(%) who personally appear at the time of notarization. • Indicate the correct singular or plum] forms by crossing off incorrect forms (i.e. helsheAhey, is/ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seat impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient arca permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on tile with the ounce of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On MAY 0 8 2017 before me, Adelaide C. Hunter, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats 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. ADELAIDE C. HUNTER Notary Public • California 'a -e Orange County z Z Commission x 2168064 s My Comm. Er ires Oct 19, 2020 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 / 1 1"W"t Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacityries) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats and Matthew J. Coats of Coats Surety Insurance Services. Inc., its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25.000.000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14' of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14TH DAY OF NOVEMBER, 2016. •�`OEV NIIY'gby. ,•o iY`cY2: e e • i.° N eF ✓D—•(h�rJtiY-ice (Seal) ...,1.o Robert D. O'Leary Jr, President & CEO Philadelphia Indemnity Insurance Company On this 14'" day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. aao rtxxmv xorm+r .0 non Noxna, Xaurr rvOrK lower N<r-- hp., Ilon[lom+ey founry "aY (OrtnlleJkY. E�Iro Jm. !, 1011 Notary Public: Y r'e' 4--. tfttl ar (Notary Seal) residing at: Bala Cynwyd. My commission expires: January 20182018 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this W day of November, 2016 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, Q �� / In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 3 EC // day of � 20�'. i '. 1 92% : (^ Edward Sayago, Corporate Secretary e `..ee.,.... o"� PHILADELPHIA INDEMNITY INSURANCE COMPANY 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 Reauirements A. Workers' Compensation Insurance Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers contemplated by this Agreement. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Green Giant Landscape, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for 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 Green Giant Landscape, Inc. Page C-2 documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured Green Giant Landscape, Inc. Page C-3 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. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Green Giant Landscape, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 5/11/17 Dept./Contact Received From: Raymund Date Completed: 5/16/17 Sent to: Raymund By: Alicia Company/Person required to have certificate: Green Giant Landscape, fnc. Type of contract: Public Works 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/9/16-10/9/17 A. INSURANCE COMPANY: Ohio Casualty Insurance Company B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $11M or greater): What is limit provided? IM/2M/2M E. ADDITIONAL INSURED ENDORSEMENT— please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND N N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes N No H. Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N 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 N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No Il. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 5/8/17-5/8/18 A. INSURANCE COMPANY: Integon National Insurance Co. B. AM BEST RATING (A-: VII or greater) A-: XI C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? IM E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: 0 N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 4/1/17-4/1/18 A. INSURANCE COMPANY: Oak River Insurance Company B. AM BEST RATING (A-: VII or greater): A++: XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1M F. WAIVER OF SUBROGATION (To include): Is it included? X Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: X N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A X Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 5/16/17 Date X N/A ❑ Yes ❑ No X N/A ❑ Yes ❑ No X N/A ❑ Yes ❑ No X 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. PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BONITA CANYON SPORTS PARK PICKLEBALL COURTS CONTRACT NO. C-8130-2 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 2-5.3 Submittals 2-5.3.1 General. 2-5.3.3 Shop Drawings. 2-5.3.4 Supporting Information. 2-6 WORK TO BE DONE 2-7 SUBSURFACE DATA 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.2 Survey Service SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup 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 5-1.1 General. 5-1.2 Payment. 1 1 1 1 1 1 2 2 2 3 3 3 3 4 4 4 4 4 4 4 4 5 5 5 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-7.3 Contract Time Accounting 6 6-7.4 Working Hours 6 6-9 LIQUIDATED DAMAGES 7 6-11 TEMPORARY CONSTRUCTION FENCE AND ACCESS 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7 7-1.2 Temporary Utility Services 7 7-8 WORK SITE MAINTENANCE 8 7-8.4.2 Storage of in Public Streets 8 7-8.6 Water Pollution Control 8 [I� 7-8.6.1 General. 8 7-8.6.2 Best Management Practices (BMPs) 8 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP) 9 7-8.6.4 Dewatering 9 7-10 SAFETY 9 7-10 PUBLIC CONVENIENCE AND SAFETY 9 7-10.1 Traffic and Access. 9 7-10.2 Storage of Equipment and Materials in Public Streets. 10 7-10.3 Street Closures, Detours and Barricades. 10 7-10.4 Safety. 10 7-10.4.1 Work Site Safety. 11 7-10.4.1.1 General. 11 7-10.5.4 "No Parking' Signs 11 7-10.5.3 Steel Plates Covers 11 7-10.6 Notices to Residents and Businesses 11 7-15 CONTRACTOR'S LICENSES 12 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 12 SECTION 9 - MEASUREMENT AND PAYMENT 12 9-3 PAYMENT 12 9-3.1 General 12 9-3.2 Partial and Final Payment. 16 PART 2 - CONSTRUCTION MATERIALS 16 SECTION 200 - ROCK MATERIALS 16 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 16 201-1 PORTLAND CEMENT CONCRETE 16 201-1.1 Requirements 16 201-1.1.2 Concrete Specified by Class and Alternate Class 16 201-1.2 Materials 16 201-1.2.1 Cement 17 201-2 REINFORCEMENT FOR CONCRETE 17 201-2.2 Steel Reinforcement 17 201-2.2.1 Reinforcing Steel 17 201-7 NON -MASONRY GROUT 17 201-7.2 Quick Setting Grout 17 206-6 CHAIN LINK FENCE 17 206-6.1 General 17 SECTION 218 — MISCELLANEOUS ITEMS 17 218-1 COURT SURFACING 17 PART 3 - CONSTRUCTION METHODS 18 SECTION 300 - EARTHWORK 18 300-1 CLEARING AND GRUBBING 18 300-1.1 General. 18 300-1.3 Removal and Disposal of Materials 19 300-1.3.1 General 19 300-1.3.2 Requirements 20 300-1.5 Solid Waste Diversion 20 300-2 UNCLASSIFIED EXCAVATION 20 300-1.1 General. 20 300-4 UNCLASSIFIED FILL 21 300-4.1 General. 21 300-4.6 Application of Water. 21 SECTION 301— SUBGRADE PREPARATION, TREATED MATERIALS, AND PLACEMENT OF BASE MATERIALS 21 301-1SUBGRADE PREPARATION 21 301-1.1 General 22 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 22 301-1 CONCRETE STRUCTURES 22 303-1.7.1 General 22 303-1.7 Placing Reinforcement. 22 303-1.7.1 General 22 303-4 MASONRY CONSTRUCTION 23 303-4.1 Concrete Block Masonry 23 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 23 303-5.1 Requirements 24 303-5.1.1 General 24 303-5.5 Finishing 24 303-5.5.1 General 24 303-5.5.4 Gutter 24 303-5.7 Repairs and Replacements 24 PART 6 - TEMPORARY TRAFFIC CONTROL 25 SECTION 600 -ACCESS 25 600-1 GENERAL 25 PART 8 - LANDSCAPING AND IRRIGATION 25 SECTION 800 - MATERIALS 25 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BONITA CANYON SPORTS PARK PICKLEBALL COURT; CONTRACT NO. C-8130-2 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 -5240-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 (2015 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents Add to this section, "If there is a conflict within any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control." 2-5.3 Submittals 2-5.3.1 General. Add to this section, "A *.pdf digital document of each submittal may be substituted for hard copies with approval of the Engineer. Hard copies still may still be required for some submittals. Each submittal shall include a title page which clearly shows the Page 1 of 42 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BONITA CANYON SPORTS PARK PICKLEBALL COURTS CONTRACT NO. C-8130-2 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 -5240-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 (2015 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802,714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents Add to this section, "If there is a conflict within any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control." 2-5.3 Submittals 2-5.3.1 General. Add to this section, "A *.pdf digital document of each submittal may be substituted for hard copies with approval of the Engineer. Hard copies still may still be required for some submittals. Each submittal shall include a title page which clearly shows the Page 1 of 40 following information: Contractor's name, address, and phone number; project name; submittal number and revision number; date; and relevant specification section. 2-5.3.3 Shop Drawings. Add the following to Table 2-5.3.3: TABLE 2-5.3.3 Item I Subsection No. I Title I Subject 7 304-3.1 General I Chain Link Fences and Gates 2-5.3.4 Supporting Information. Delete m) of the second paragraph and replace with the following: m) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, installation instructions, and other information necessary to describe a system, product or item. This information is required for the following: a. Irrigation Systems. b. Drainage products (pipe, fittings, drains, clean outs, catch basin) c. Court surfacing products d. Vapor Retarder e. Windscreen f. Court nets and posts g. Trash receptacles and benches h. Chain link fence materials i. Retaining wall materials n) Landscaping submittals per subsection 800-1.5.4. o) Irrigation submittals per subsection 800-2.5. 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of mobilizing; providing traffic control, erosion control, staking and survey monument restoration; verifying utility locations and coordinating with utility companies; clearing and grubbing; completing site demolition, earthwork, and site grading; constructing drainage improvements, post -tensioned concrete pickleball court over base material with vapor retarder, concrete walk, mow curb, v -ditch, seat and retaining walls (with subdrains) and court surfacing; furnishing and installing black vinyl chain link fence and gates, windscreen fabric, pickleball court posts, nets, trash receptacles, benches, landscaping and irrigation improvements; preparing as -built drawings; and all other work required by the contract documents. Page 2 of 40 2-7 SUBSURFACE DATA Add to this section, "The following reports have been prepared for the City of Newport Beach and are attached in the Appendix. These reports are incorporated into the project Contract Documents. Contractor is responsible to complete all recommendations as identified in these reports (see Appendix A. 1. "Geotechnical Evaluation Bonita Canyon Sports Park Pickleball Courts (1990 Ford Road), Newport Beach, California" prepared by Ninyo & Moore and dated September 14, 2016. (Project No. 209681001) 2. "Supplemental Geotechnical Recommendations Bonita Canyon Sports Park Pickleball Courts (1990 Ford Road), Newport Beach, California" prepared by Ninyo & Moore and dated January 27, 2017. (Project No. 209681001) W4111AV QRLC3 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "Consistent with California's Business and Professions Code §8771, California's Streets and Highways Code §1810.5 and the Greenbook Section 2-9.1, the Contractor's Licensed Land Surveyor 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 and their accessories 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." 2-9.2 Survey Service Delete this section and replace with the following: "The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records and local control 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 Stantec Consulting Services and can be contacted at (949) 474-1400. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such as replacement will be performed by the Contractor at his expense. Stakes will be set and stationed for curbs, concrete pads/walks, storm drains, structures, and rough/precise grades. 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. A corresponding cut or fill to finished grade (or flowline) will be indicated the cut - sheets. Page 3 of 40 SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment Replace Section 3-3.2.3 Markup with the following: 3-3.2.3 Markup (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction materials. 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 Page 4 of 40 in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General. Add the following after the 1st paragraph: "The location and existence of the utilities shown on the Plans are approximate and taken from available records." Add the following after the 2nd paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." Add the following after the 3rd paragraph: "Subsurface installations include all existing structures and utilities (whether shown on the plans or not) that may conflict with the new improvements. The purpose of this utility verification is to confirm that there are no conflicts between new and existing improvements prior to the start of construction. Verification shall be by potholing or other suitable methods. Close attention shall be paid to the locations of new underground improvements such as storm drain pipe, fence & gate foundations, and retaining wall foundations. The Contractor shall also field verify the invert elevation at the storm drain join location. " 5-1.2 Payment. Add following: "The cost for this work will be included in the "Mobilization, Traffic Control, Erosion Control, and Surveying Services" bid item and no additional compensation will be allowed therefor." SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed. 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: "No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. Page 5 of 40 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 80 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.3 Contract Time Accounting Add to this section: "Any City holiday, defined as January 1 st (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 241h, (Christmas Eve), December 25th (Christmas), and December 315' (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 Working Hours Normal working hours are limited to weekdays from 7:30 a.m. to 4:30 p.m. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays 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 Page 6 of 40 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". Revise paragraph two 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, park users, vehicular and pedestrian traffic, and the public as a result of construction operations." 6-11 TEMPORARY CONSTRUCTION FENCE AND ACCESS Access to the project site shall be from the existing parking lot and along the existing concrete walk to the east of the project site. Any existing improvements damaged by the Contractor outside of the project limits shall be repaired per Section 7-9, Protection and Restoration of Existing Improvements. Prior to construction, the Contractor shall provide a temporary construction fence around the entire project site. The construction fence shall include a privacy screen and at least one temporary access gate. The construction fence shall be installed on the edge of the existing concrete walk along the eastern and southern sides of the project site and include fencing off the existing canopy which shall remain protected in place. The temporary construction fence shall not block access to the existing walk or encroach into the existing basketball court to the north of the project site. The fence shall not block the portion of existing concrete walk being removed and replaced. Construction of this area shall be coordinated with the Engineer. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Add to the end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Page 7 of 40 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." 7-8 WORK SITE MAINTENANCE Replace Section 7-8.4.2 Storage of in Public Streets with the following: 7-8.4.2 Storage of in Public Streets Delete the entire section and replace with the following: "Construction materials and equipment may only be stored in streets, roads, parking lots or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.6 Water Pollution Control 7-8.6.1 General. Add to this section: "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. Page 8 of 40 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. The cost for preparing and implementing the BMP plans shall be included in the "SWPPP Implementation" bid item and no additional compensation will be allowed therefor." 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP) Add to this section: A Storm Water Pollution Prevention Plan (SWPPP) is not required for this project. 7-8.6.4 Dewatering Add the following to the end of this section: "Per the Geotechnical Evaluation, groundwater was not encountered in the borings at the time of drilling. Regional maps indicate that the historic high groundwater at the site is greater than approximately 10 feet below the ground surface, so it not anticipated to found. Contractor shall contact the Engineer immediately if groundwater is found during construction. 7-10 SAFETY 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 (W.A.T.C.H.), latest edition, also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." Page 9 of 40 7-10.2 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 City right-of-way or property if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan showing typical closures and detour plans(s). The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. All advanced warning sign installations shall be reflectorized and/or lighted. 3. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 4. Sidewalk closures in nonresidential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 5. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 6. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 7. Included on the TCP shall be the limits of the temporary construction fencing, the location of the temporary construction gate and how the Contractor will access the site from the parking lot. 7-10.4 Safety. Page 10 of 40 7-10.4.1 Work Site Safety. 7-10.4.1.1 General. 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 7-10.5.4 "No Parking" Signs 7-10.5.4 "No Parking" Signs The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs in the stalls which will be closed with approval from the Engineer. These signs shall be posted at least forty-eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow - Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.5.3 Steel Plates Covers Add the following; "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards." Add the following Section 7-10.6 Notices to Residents and Businesses 7-10.6 Notices to Residents and Businesses 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 Page 11 of 40 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. 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. A C-50 license shall be required to install the post tensioned slab. 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. 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 Page 12 of 40 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, Traffic Control, Erosion Control, and Surveying Services: Work under this item shall include, but not be limited to, providing bonds, insurance and financing, restroom facilities, submittals, traffic control, BMP and erosion control measures, procurement and construction schedule, all reporting documentation; establishing an offsite material and equipment storage location; documenting existing conditions; attending all project coordination meetings, coordinating with all applicable agencies and stakeholders; securing project site with 6 -foot screen fencing; verifying all utility locations; surveying services; demobilizing including site cleanup, removing all Dig Alert markings; turning over any required documentation and turnover items as noted in these Special Provisions; and all other related work as required by the Contract Documents. Item No. 2 Demolition and Earthwork: Work under this item shall include, but not be limited to, clearing and grubbing the existing turf and planting areas; saw cutting, removing and disposing of the existing sidewalk and mow curbs to the limits in contract documents; removing, excavating, hauling, stockpiling, and disposing of existing abandoned utilities and any other native/non-native underground material to the limits in contract documents, grading (including selective grading) of work site, compacting native/non-native; and over excavating and recompacting the subgrade under the PCC court and walk improvements; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 3 Import Material: Work under this item shall include, but not be limited to, removing and disposing expansive soil offsite and replacing it by importing fill material; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. The unit cost shall be per cubic yard and the amount paid shall be for the volume of fill material imported to site only. Payment quantity shall not include the volume of expansive soil exported. Fill material shall only be imported onsite if there is not enough soil with a low expansion index available at the site for fill material and subgrade preparation. Item No. 4 Drainage Improvements: Work under this item shall include, but not be limited to, exposing existing utilities prior to excavating operations; excavating pipe trench; shoring and bracing the trench; patching temporary or placing trench plates; protecting the trench; installing pipes, fittings, pipe sleeves, drain inlets, catch basins, cleanouts, and external joint sealer; placing bedding; backfilling trench; compacting soil; connecting to existing facilities; removing, abandoning or protecting interfering portions of existing utilities or improvements; supporting temporary and permanent of utilities; disposing excess excavation materials; restoring all existing improvements damaged by the work; and all other work items as required for performing the work complete and in place. Item No. 5 Pickleball Court Hardscape, Base, Vapor Retarder, Surfacing, and Paint: Work under this item shall include, but not be limited to, preparing subgrade; compacting soil; hauling, placing, and compacting base material; installing vapor Page 13 of 40 retarder; constructing post -tensioned concrete slab and thickened edges; placing pipe penetrations, court surfacing and line paint; restoring all existing improvements damaged by the work; and all other work items as required to complete in the work in place. Item No. 6 PCC Sidewalk: Work under this item shall include, but not be limited to, preparing and compacting subgrade; hauling, placing, and compacting base material; constructing the PCC walk per contract documents; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 7 PCC Mow Curb: Work under this item shall include, but not be limited to, preparing and compacting subgrade; constructing PCC mow curb per contract documents; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 8 PCC V -Ditch: Work under this item shall include, but not be limited to, preparing and compacting subgrade; constructing PCC v -ditch per contract documents; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 9 Seat Wall: Work under this item shall include, but not be limited to, structural excavating and disposing soil; preparing and compacting subgrade and structure backfill; constructing the concrete foundation, reinforcement, masonry block and cap per contract documents; installing subdrain system; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 10 Black Vinyl Coated Chain Link Fence With Windscreen Fabric (7 -Foot) on Retaining Wall (3 -Foot): Work under this item shall include, but not be limited to, structural excavating and disposing soil; preparing and compacting subgrade and structure backfill; constructing concrete foundations, reinforcement, masonry block and cap; placing subdrain system; installing fence posts, rails, chain link fabric and fittings and windscreen; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place per contract documents Item No. 11 Black Vinyl Coated Chain Link Fence With Windscreen Fabric (10 - Foot): Work under this item shall include, but not be limited to, structural excavating the foundations; disposing excess soil; constructing concrete foundations; installing fence posts, rails, chain link fabric and fittings, windscreen per contract documents; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 12 Black Vinyl Coated Chain Link Fence Without Windscreen Fabric (10 - Foot): Work under this item shall include, but not be limited to, structural excavating the foundations; disposing excess soil; constructing concrete foundations; installing fence posts, rails, chain link fabric and fittings, restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Page 14 of 40 Item No. 13 Black Vinyl Coated Chain Link Fence (3 -Foot): Work under this item shall include, but not be limited to, structural excavating and foundations; disposing excess soil; constructing concrete foundations; installing the fence posts, rails, chain link fabric and fittings; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place per contract documents. Item No. 14 Black Vinyl Coated Chain Link Fence Pedestrian Gate (10 -Foot): Work under this item shall include, but not be limited to, structural excavating the foundations; disposing excess soil; constructing concrete foundations; installing gate posts, rails, chain link fabric and fittings, windscreen per contract documents; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place per contract documents. Item No. 15 Black Vinyl Coated Chain Link Fence Pedestrian Gate (3 -Foot): Work under this item shall include, but not be limited to, structural excavating the foundations; disposing excess soil; constructing concrete foundations; installing the gate posts, rails, chain link fabric and fittings; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place per contract documents. Item No. 16 Pickleball Court Nets and Posts: Work under this item shall include, but not be limited to, structural excavating the foundations; constructing the concrete foundations; installing the posts and nets; installing the ground anchors; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place per contract documents. Item No. 17 Trash Receptacles and Benches: Work under this item shall include, but not be limited to, installing trash receptacles and benches; connecting trash receptacles and benches to the PCC walk; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place per contract documents. Item No. 18 Irrigation: Work under this item shall include, but not be limited to, furnishing and installing the irrigation system materials and related appurtenances; connecting to existing water and electrical utilities; excavating and backfilling pipe trenches; testing the irrigation system, as noted in sections 801-5.7 through 801-5.7.4; providing contractor guarantee for the irrigation system components as noted in section 801-8.1; providing irrigation system inspections and clean-up operations and all other work items as required to complete the work in place per contract documents. Item No. 19 Soil Amendment: Work under this item shall include, but not be limited to, placing soil amendments; providing soils testing; conducting necessary weed abatement cycles; providing clean-up operations within the limits as shown on the contract documents and all other work items as required to complete the work in place per contract documents. Page 15 of 40 Item No. 20 Planting: Work under this item shall include, but not be limited to, excavating and backfilling of planting pit; placing plant material; providing clean-up operations within the limits as shown on the contract documents; and all other work items as required to complete the work in place per contract documents. All plant submittals shall include a scaled photograph of each representative plant shown on the drawings. Item No. 21 Plant Establishment Period (90 Calendar Days): Work under this item shall include, but not be limited to watering, mowing, fertilizing the project related landscape materials; supervising the embellishment work; and all other work items required to establish and maintain the landscaping for the entire duration of the Plant Establishment Period per the contract documents Item No. 22 Provide As -Built Drawings: Work under this item shall include, but not be limited to, all costs 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 monthly progress payment. An amount of $2,500 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid. Add to this section: Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Add to this section: Portland Cement concrete for construction shall be Class 560-C- 3250 unless otherwise specified on the contract documents or approved by the Engineer. 201-1.2 Materials Page 16 of 40 201-1.2.1 Cement Add to this section: Cement shall be Type II/V Portland Cement. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 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 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. 206-6 CHAIN LINK FENCE 206-6.1 General Add to this section: "This section shall be superseded by details and notes shown on plans where applicable." SECTION 218 — MISCELLANEOUS ITEMS 218-1 COURT SURFACING 218-1 General. Court surfacing shall be Sportmaster Sport Surfaces products or an approved equal and shall include: Acrylic Resurfacer with Sand, Neutral Concentrate with Sand, and ColorPlus. Colors shall be light green within non -volley zone and blue within the court. Page 17 of 40 All materials shall be applied per the manufacturer's specification in Appendix B. Finish of post tensioned slab shall be per manufacturer's recommendations. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.1 General. Add to this Section: "In addition to the work outlined in Section 300-1, "Clearing and Grubbing," of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item: a) Removal and disposal of all vegetation, trash and other objectionable material from the affected portion of the project site. b) Maintain dust control at all times by watering, including developing a water supply and furnishing and placing all water required for work done in the Contract, including water used for extra work. c) Protection and maintenance of existing improvements, including utilities, trees, plants, irrigation, including temporary capping of facilities as required during construction, fences, walls and other facilities within the construction zone, except those specifically shown on the Plans or directed by the Engineer to be removed or relocated. d) Maintenance of the site in a neat and orderly condition throughout the construction period and clearing and removal of debris from site of work. e) Removal of all USA mark -outs. f) Trimming of trees for the Contractor's convenience shall be at the Contractor's expense and shall be subject to prior approval of the Engineer. g) Items to be salvaged shall be removed in a manner as to not damage them. Upon removeal, Engineer will review condition of salvaged material and direct to Contractor to either deliver the salvaged material City's Utilities Yard at 949 West 16th Street, another location with the City, or to dispose of off-site. The Contractor shall make arrangements for the delivery of salvaged materials the City Utilities Yard by contacting the City of Newport Beach Utilities Division at (949)644-3011. Page 18 of 40 h) In the event that a cultural or paleontological resource is exposed during ground disturbing activities, construction activities (e.g. grading, grubbing, or vegetation clearing) should be halted immediately near the discovery and the Contractor shall information the Engineer. i) Per State of California Health and Safety Code Section 7050.5, if human remains are discovered during ground disturbances, all construction activities shall be halted immediately near the discovery and the Contractor shall inform the Engineer. Construction activities may not resume until the Coroner has made a determination of origin and disposition pursuant to PRC Section 5097.98." 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: hftp://newportbeachca.gov/index.aspx?pace=157 and then selecting the link Franchised Haulers List. All materials removed shall be legally disposed of by the Contractor at locations outside the project site unless otherwise shown on the Plans or specified in the Special Provisions. All removal bid items shall include the cost of disposal and no additional compensation shall be allowed therefor." 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. Prior to any removals, the Contractor shall verify the location of the existing underground utilities within the site (including irrigation line) and confirm that they will not be conflict with any of the proposed improvements, particularly the drainage and retaining wall improvements. 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. 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. Reinforcing or other steel may be encountered in portions of concrete to be removed. No additional compensation will be allowed for the removal of concrete containing reinforcing or other steel. Page 19 of 40 Backfill shall be placed and compacted to fill any voids created by removals. Backfill shall be placed and compacted in accordance with Section 300-4 "Unclassified Fill" of the Standard Specifications. This work shall be included in the individual removal item and no additional payment will be allowed therefor. 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 "I -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 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. 300-2 UNCLASSIFED EXCAVATION 300-1.1 General. Add to this Section: "Per the Geotechnical Evaluation, it is anticipated that excavations within the terrace deposits on site may be accomplished with heavy-duty earthmoving equipment in good working condition. The contractor should anticipate possible difficult excavations in dense cobble layers. The near surface soils may contain oversize material. The contractor should be prepared to take appropriate measures to address the presence of oversized materials. Trenches and excavations be designed and constructed in accordance with Occupational Safety and Health Administration (OSHA) regulations. For planning purposes, we recommend that the existing soil be considered as OSHA soil Type C. For excavations deeper than 5 feet the excavation shall be laid back at a slope inclination no steeper than 1'/2:1 (horizontal to vertical) for slopes less than approximately 10 feet high, or shored. Selective grading shall be performed on site. During site grading, expansive clay and clayey silt soil within the footprint of the concrete court, hardscape or retaining walls shall be segregated from sandy soil. This expansive material may be used as fill material within the planting areas only. The Contractor shall assume that approximately 1/3 of the excavated material will contain expansive soil. The City's geotechnical representative Page 20 of 40 shall be on site at the time of grading to evaluate and test the materials with regard to expansive potential. Excessive material shall be disposed of offsite. Portions of interfering abandoned utilities in conflict with the new improvements (including the scarification zone) may need to be removed and disposed of. This work shall be assumed to be included in the lump sum price for "Demolition and Earthwork" and no additional compensation shall be paid. The earthwork quantities listed on the Plans are based on the calculated difference in elevation between the existing contour topographic mapping and the final design pavement sub -grades and finished ground of slopes and parkways as shown on the project plans, excluding temporary back cut slopes or excavations." 3004 UNCLASSIFED FILL 3004.1 General. Add to this Section: "All onsite excavated materials shall be used for fill materials prior to importing any offsite materials. Low expansive on site soils to be placed as fill $hould be free of trash, debris, roots, vegetation, contaminated material, and other deleterious materials. Fills should generally be free of rocks or hard lumps of material larger than approximately 4 inches in diameter. Rocks or hard lumps larger than 4 inches in diameter should be broken into smaller pieces or should be removed from the site. Special care should be taken to avoid damage to wet and dry utility lines when compacting fill and subgrade materials. After selective grading operations, if not enough soil with a low expansion index is available at the site for fill material and subgrade preparation, then low expansive granular material will need to be imported. Imported fill material, if used, should consist of clean, granular material with a low expansive potential, corresponding to an expansion index of 50 or less. The soil should be tested for corrosive properties prior to importing. The imported materials shall satisfy the Caltrans (2012) criteria for non -corrosive soils." 300-4.6 Application of Water. Add to this Section: "Fill soils should be placed at 2 percent above the optimum moisture content as evaluated by ASTM D 1557." SECTION 301 — SUBGRADE PREPARATION, TREATED MATERIALS, AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION Page 21 of 40 301-1.1 General Add to this section: "Ground preparation for the pickleball court pad area include moisture conditioning of the upper approximately 18 inches of subgrade soils to approximately 2 percent above the laboratory optimum moisture content as evaluated by ASTM International (ASTM) D 1557. In fill areas, the upper 18 inches of fill should be placed at the recommended moisture content and compacted to 90 percent relative compaction. In planned cut areas, the subgrade soil should be over -excavated approximately 18 inches below the bottom of the pad, moisture conditioned and then replaced as compacted fill. The limits of moisture conditioned soil and over -excavation should extend laterally approximately 2 feet or more beyond slab -on -grade areas. The moisture content of the subgrade soil should be maintained until the concrete is placed. The post -tensioned slabs should be underlain by a 4 -inch -thick capillary break (consisting of sand per Table 200-1.5.5) overlain by a polyethylene vapor retarder (with a thickness of 10 mils or more). Sand shall be compacted to 90 percent relative compaction. The vapor retarder is recommended in areas where moisture -sensitive portions of the court are anticipated. Subgrade soils beneath the slabs shall be maintained in a moist condition until placement of concrete. Non post -tensioned hardscape shall be supported on a minimum of 12 -inches of low expansion potential subgrade soils with an expansion index of less than 50 and compacted to a relative compaction of 90 percent in accordance with ASTM D 1557. The moisture content of the subgrade soil should be maintained at slightly above the laboratory optimum until the concrete is placed." SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 301-1 CONCRETE STRUCTURES 303-1.7.1 General Add to this section: "Post tensioned concrete pad shall be constructed per details shown on Plan. Court surfacing shall be applied per the manufacturer's specification in Appendix B. Finish of post tensioned slab shall be per manufacturer's recommendations." 303-1.7 Placing Reinforcement. 303-1.7.1 General Add to this section: "Handling of Epoxy -Coated Rebar: Epoxy -coated reinforcing bars shall be stored, transported, and placed in accordance with ASTM D3963 and in such a manner to avoid chipping of epoxy coating. Page 22 of 40 1. Use padded or nonmetallic slings and padded straps to protect coated reinforcement from damage. 2. Handle bundled bars to prevent sagging that could damage the coating 3. Do not drop or drag rebars. 4. Store on wooden cribbing. 5. Coated rebars subject to rejection by Engineer if rebar coating has been damaged. 6. Coat all tie wires, clips, chair and bar supports, and all other metallic materials used to install the epoxy -coated reinforcing bars with either: a. The same powdered epoxy resin with a minimum thickness of 6 mils (0.15mm) b. A plastic material approved by the Engineer. 7. Use plastic headed concrete vibrators during concrete placement around epoxy - coated rebar. Inspection of Epoxy -Coated Rebars: 1. Coated rebars will be inspected on the jobsite for handling defects, coating abrasion, coating thickness and continuity of coating. 2. Engineer may defer final inspection of rebar coating integrity and repairs until the rebars have been erected and all handling is completed. 3. Repair procedures to be approved by the Engineer prior to implementation. a. Do not place concrete until all repairs to coatings have been completed. Patching of Epoxy -Coated Rebar: 1. Patching and repair to be performed in accordance with the instructions of patching material manufacturer. 2. Patching material to provide a minimum film thickness of 5 mils over the bare area. a. Thickness of area adjacent to patched area not to exceed 15 mils. 3. Areas to be patched to be clean and free of surface contaminants. a. Treat areas in accordance with patching material manufacturer's instructions before oxidation occurs. 4. Total surface area covered by patching material not to exceed 2 percent of total surface area of the rebar. 5. Rebar welds and adjacent bare rebar areas to also be patched after welding is completed." 303-4 MASONRY CONSTRUCTION 303-4.1 Concrete Block Masonry Add to this section: "Retaining walls shall be constructed per details shown on Plan. Subdrain backfill material shall be 3/4" crushed rock per Section 200-1.2. Anti -graffiti coating shall be applied to masonry walls per Appendix C (or Engineer approved equal)." 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS Page 23 of 40 303-5.1 Requirements 303-5.1.1 General Add to this section: "The pedestrian hardscape being replaced as part of this project shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement." 303-5.5 Finishing 303-5.5.1 General Add to this section: "The Contractor shall repair and clean, at the Contractor's expense, all concrete damaged or discolored (including graffiti) during construction. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Section 303-5.7, "Repairs and Replacements," of the Standard Specifications. No additional compensation shall be paid for repairs due damaged or discolored concrete. 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. The Contractor shall conduct a flow test in the presence of the Engineer prior to acceptance of the flowline constructed by the Contractor. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Section 303-5.7, "Repairs and Replacements," of the Standard Specifications. No additional compensation shall be paid for repairs due to failed flow tests. 303-5.7 Repairs and Replacements Add to this section: "Where any concrete requires repair before acceptance, repair shall be made by removing and replacing the entire area between joints, and not by refinishing the damaged portions." SECTION 304 — METAL FABRICATION AND CONSTRUCTION 304-3 CHAIN LINK FENCE 304-3.1 General Add to this section: "Chain link fence and gates shall be per details shown on plans. Contractor shall submit Shop Drawings showing the details and dimensions of all chain link fences and gates." Page 24 of 40 PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 — ACCESS 600-1 GENERAL Add the following to the end of this section: "Pedestrian access to all park facilities within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to park users whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans" PART 8 - LANDSCAPING AND IRRIGATION SECTION 800 — MATERIALS 800-1 LANDSCAPING MATERIALS. 800-1.1 Topsoil. Delete Section 800-1.2 Soil Fertilizing and Conditioning Materials. 800-1.2.1 General. 800-1.2.2 Manure. Delete section. 800-1.2.3 Commercial Fertilizer. Delete the entire paragraph and substitute with the following: Commercial fertilizer shall have a guaranteed chemical analysis of 6 percent nitrogen, 2 percent phosphoric acid, 4 percent water soluble potash, 5 percent sulfur and 20% humic acid. Tri -C Soil Conditioner/Fertilizer or approved equal. Deliver fertilizer in standard bags, marked with weight, analysis, and name of manufacturer. Keep in dry storage. Submit 5 copies of manufacturer's printed literature for each product. 800-1.2.4 Organic Soil Amendment. Type 1. After the first paragraph add the following -delete paragraphs 2 & 3: Redwood sawdust shall be free of shavings or particles of other woods such as fir or pine, supplied in bulk and .5% nitrogen stabilized by standard techniques. Page 25 of 40 An acceptable substitute for above would be nitrogen stabilized fir or cedar sawdust ground to 0-1/4" particle size - 1.0% Nitrogen stabilized. Salinity shall not exceed 3.5 millimhos per centimeter at 25 degrees centigrade. 800-1.2.5 Mulch. Revise section to read: Mulch shall be designated as Type 1 and in accordance with the requirements herein. Mulch shall be packaged in bales or bags unless the Engineer approves a bulk source in advance of delivery to the Work site. a) Type 1 mulch (ground wood product), shall conform to Type 1 organic soil amendment. 800-1.2.6 Soil Conditioning. Add the following paragraph: Iron Sulfate. Iron sulfate shall be ferric sulfate or ferrous sulfate in pelleted or granular form, containing not less than 18.5 percent iron expressed as metallic iron and shall be registered as an agricultural mineral with the State Department of Agriculture in compliance with Article 2, "Fertilizing Materials," Section 1030 of the Agricultural Code. 800 -1.2.7 -Weed Abatement Cycle. Add the following paragraph: After soil preparation and establishment of final grades prior to any planting, the Contractor shall irrigate thoroughly for a period of time, two to three weeks, until the weed seeds have germinated. When there is sufficient weed seed germination, the Contractor shall apply a post -emergent contact herbicide according to the directions of the manufacturer, conforming to any and all codes affecting herbicide handling and use. Contractor shall repeat this "grow -and -kill" weed control cycle for a minimum of two (2) times, until weed has been eliminated to the satisfaction of the Engineer. The Contractor shall then wait an additional two (2) weeks to allow the herbicide to dissipate, then plant as indicated in the plans and specifications. The Contractor shall remove any residual foliage. Roots shall be removed except on slopes 2:1 or greater where they shall remain to add to the slope's stability. In order to apply an unrestricted herbicide (e.g. Roundup Pro, Rodeo), the Contractor must have a Pest Control Business License, which requires that at least one individual employed by the Contractor be in possession of a Qualified Applicator's License (QAL). If a qualified applicator is not present during treatment, all applicators must have undergone documented herbicide application training. All licenses must be issued by the State of California, be registered by the County of Orange, be of current status, and have been reviewed and approved by the City of Newport Beach, City Engineer, prior to construction. Only an Environmental Protection Agency and City of Newport Beach -approved herbicide may be used for the grow/kill cycle. A City of Newport Page 26 of 40 Beach approved brightly colored dye shall be used in all applications. The dye shall be mixed with the herbicide at an approved City of Newport Beach rate. Spraying shall be conducted only when weather conditions are conducive for effective uptake of the herbicide by the targeted species, and when wind conditions are such that herbicide drift is nonexistent. During herbicide application, protection or avoidance of nontargeted species is required. Any nontarget species lost within the project site due to intentional or unintentional application of herbicide shall be replaced as deemed necessary, and at the direction of the engineer. 0800-1.3 Seed. Delete section. 800-1.4 Plants. 800-1.4.1 General. Revise section to read: Plants shall have a growth habit normal to the species and shall be sound, healthy, vigorous and free from insect pests, plant diseases, sun scalds, fresh bark abrasions, excessive abrasions, or other objectionable disfigurements. Plants shall have normal well-developed branch systems, and vigorous and fibrous roots systems which are neither root -nor pot- bound and are free of kinked or girdling roots. 800-1.4.2 Trees. Delete section 800-1.4.3 Shrubs. 800-1.4.4 Flatted Plants. Delete section. 800-1.4.5 Sod and Stolons (turf grass). Delete reference to stolons. Revise section to read: Sod shall be free of turf disease, insects, or weeds, and capable of healthy vigorous growth. 800-1.4.6 Cuttings. Delete section 800-1.5 Headers, Stakes, and Ties. Add: Delete section. 800-1.5.1 General. Delete section 800-1.5.2 Headers and Stakes. Delete section. 800-1.5.3 Tree Stakes. Delete section 800-1.5.4 Samples. Add section to read: Within 15 days of award of contract, submit one sample of each item and two copies of manufacturer's technical data for approval. Submittals shall include scaled photographs of each representative plant noted on the drawings. 800-2 IRRIGATION SYSTEM MATERIALS. Page 27 of 40 800-2.1 Pipe and Fittings. 800-2.1.1 General. . 800-2.1.2 Steel Pipe. Delete section. 800-2.1.3 Plastic Pipe for Use with Solvent Weld Socket or Threaded Fittings. At end of first paragraph, add section to read: Pipe shall be purple in color for reclaimed water applications 800-2.1.4 Plastic Pipe for Use with Rubber Ring Gaskets. Delete section. 800-2.1.5 Copper Pipe. Delete section. 800-2.2 Valves and Valve Boxes. 800-2.2.1 General. Revise section to read: Valves and Valve boxes are existing and shall remain and be protected in-place. 800-2.2.2 Gate Valves. Delete section. 800-2.2.3 Manual Control Valves. Delete section. 800-2.2.4 Remote Control Valves. Delete section. 800-2.2.5 Garden Valves. Delete section. 800-2.2.6 Quick -Coupling Valves and Assemblies. Delete section. 800-2.2.7 Valve Boxes. Delete section. 800-2.3 Backflow Preventer Assemblies. Delete section. 800-2.4 Sprinkler Equipment. Revise section to read: Spray heads shall be of the types and sizes shown on the Plans. Equipment of one type and flow characteristic shall be from the same manufacturer and all equipment shall bear the manufacturer's name and identification code in a position where they can be identified in the installed position. Equipment shall have identification for reclaimed water use. 800-2.5 Action Submittals. Product Data: For each type of product indicated, include rated capacities, operating characteristics, electrical characteristics, and furnished specialties and accessories. 800-3 ELECTRICAL MATERIALS. Delete section 801-1 GENERAL. After the last paragraph add the following: Page 28 of 40 All existing landscape areas disturbed by the Contractor as part of or as a result of the work shall be prepared and replanted. Existing irrigation in the park shall be repaired and restored to operating condition to the satisfaction of the Engineer prior to planting. 801-2 EARTHWORK AND TOPSOIL PLACEMENT. 801-2.1 General. Add the following paragraph: Moisture Content: No soil preparation or work shall occur when the moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form in the air or that clods will not break readily. Apply water, if necessary, to provide ideal moisture content for tilling and for planting as herein specified. 801-2.2 Topsoil Preparation and Conditioning. 801-2.2.1 General. Revise section to read: Planting areas shall be free of weeds and other extraneous materials to a depth of 12 inches (300 mm) below finish grade before topsoil work. Soil shall not be worked when it is so wet or so dry as to cause excessive compaction or the forming of hard clods or dust. 801-2.2.2 Fertilizing and Conditioning Procedures. Add after the second paragraph: For all Planting Areas: Uniformly broadcast soil amendments and fertilizer in planting areas and work in 6-8 inches by means of a rototiller, or equal, to attain uniform blends of the following: Rate per 1000 Sq. Ft. Nitrogen -fortified Organic Amendment 4 CY Calcium Carbonate Lime 100 lbs. 10 lbs Ammonium Sulfate (21-0-0) 7 lbs 801-2.3 Finish Grading. 801-3 Header installation. Delete section. 801-4 PLANTING. 801-4.1 General. Add the following: The Contractor shall notify the Engineer at least 48 hours in advance of needed inspections. Page 29 of 40 801-4.2 Protection and Storage. Add the following paragraph: Regularly water all nursery stock in containers and place them in a cool area protected from sun and drying winds. Do not allow plants to dry out before or during planting operations. Keep exposed roots moist by means of wet sawdust, peat moss or burlap at all times during planting operations. Do not expose roots to the air except while being placed in the ground. Wilted or diseased plants, whether in place or not, will not be accepted and shall be replaced at the Contractor's expense. 801-4.3 Layout and Plant Location. Add the following paragraphs: Remove all plants from their containers and set so that, when settled, they bear the same relation to the required grade as they bore to the natural grade before being transplanted. Plant each plant in the center of the pit and backfill with prepared soil. Do not use soil in muddy condition for backfilling. Do not fill around trunks or stems. Cut off all broken or frayed roots. In the event that underground construction work or obstructions are encountered in the planting operations, alternate locations for plant material will be selected by the Engineer. Operation will be done at no extra cost to the City. No plant material shall be planted until finish grades have been inspected and plant material has been "spotted" and approved for proper location. Plant pits must be dug and inspected before planting. Before "spotting" plant material, the sprinkler system shall be turned on long enough to "flood" the areas to determine proper surface drainage. If, due to gradient, the Engineer considers this operation unnecessary, the Contractor shall so inform the Engineer. Failure of the Contractor to notify the Engineer for the inspections and approval before proceeding with any of the above items shall make the Contractor liable at his own expense to make any changes and/or corrections to the work as directed by the Engineer. 801-4.4 Specimen Planting. Delete section 801-4.5 Shrub Planting. Replace planting requirements with the following: All planting procedures shall conform to the applicable Standard Drawings as designated in the contract documents. 1. Fill holes with native backfill with no amended mixture of additional materials. Place slow-release fertilizer tablets in the upper 12 inches of backfill per the planting details. 2. All plants shall be planted immediately after containers are cut for removal, or after plants are removed from plastic containers. Containers shall not be cut prior to delivery of the plants to the planting area. Page 30 of 40 3. Set plant in upright position in the center of the hole and compact the backfill mixture around the ball or roots. 4. Plants shall not be placed in dry soil. Soil in a muddy condition shall not be used for backfilling. Fill all pits with water and allow to leach out before adding the native soil for backfill. 5. After watering, backfill the remainder of the hole and tamp the soil in place until the surface of the backfill is level with the surrounding area and the crown of the plant is at the finished grade of, or slightly above the surrounding area. 6. After backfilling, an earthen basin shall be constructed around each plant. Each basin shall be of a depth sufficient to hold at least six inches of water. Basins shall be the same size as the container size of each individual plant. The basins shall be constructed of native soil material. 7. Immediately after planting, apply water to each shrub by means of a hose. Apply water in a moderate stream in the planting hole until the material about the roots is completely saturated from the bottom of the hole to the top of the ground. 8. Apply water in sufficient quantities and as often as seasonal conditions require to keep the planted areas moist at all times, well below the root system of grass and plants. Generally, water each day for seven (7) days in cool seasons; for fourteen (14) days in hot weather. 9. Pruning - Pruning shall be limited to the minimum necessary to remove injured twigs and branches, and to compensate for loss of roots during transplanting, but pruning shall never exceed one-third of the branching structure. Pruning may not be done to the plants before delivery to the site. 801-4.6 Plant Staking and Guying. Delete section 801-4.6.1 Method "A" Tree Staking. Delete section 801-4.6.2 Method "B" Tree Staking. Delete section. 801-4.6.3 Guying. Delete section. 801-4.7 Ground Cover and Vine Planting. Delete section. 801-4.8 Lawn Planting. 801-4.8.1 General. 801-4.8.2 Seed. Delete section. Page 31 of 40 801-4.8.3 Sod. 801-4.8.4 Stolon Planting. Delete section. 801-4.9 Erosion Control Planting. Delete section. 801-4.9.4 Sprigging. Delete section. 801-4.9.5 Watering. Add the following: It shall be Contractor's responsibility to maintain a balanced watering program to ensure proper growth until final acceptance of the work. Contractor to water a min. of once a week. 801-5 IRRIGATION SYSTEM INSTALLATION. 801-5.1 General. Add to this section: Per the direction of the Engineer, prior to construction, the Contractor, in coordination with the City, shall perform all shut down of irrigation water facilities as required within the limits of work. All existing irrigation systems outside the limits of work shall remain fully functional and operational. If it's necessary to shut down the irrigation system outside of the limits of work, then the Contractor shall continue to water the area manually throughout the duration of the shutdown. The Contractor shall provide the Engineer advanced notice a minimum of seven calendar days prior to the time he desires the shutdown of water facilities to take place. 801-5.2 Trench Excavation and Backfill. Replace the last paragraph with the following: The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand, or other approved materials, free from large clods of earth or stones. Backfill shall be mechanically compacted in 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. Flooding of trenches shall not be permitted. 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. 801-5.3 Irrigation Pipeline Installation. 801-5.3.1 General. Page 32 of 40 801-5.3.2 Steel Pipeline. Delete this section 801-5.3.3 Plastic Pipeline. 801-5.3.4 Copper Pipeline. Delete this section 801-5.4 Installation of Valves, Valve Boxes, and Special Equipment. 801-5.5 Sprinkler Head Installation and Adjustment. 801-5.5.1 General. 801-5.5.2 Location, Elevation, and Spacing. 801-5.5.3 Riser and Nozzle Line Installation. 801-5.5.4 Sprinkler Head Adjustment. 801-5.6 Automatic Control System Installation. 801-5.7 Flushing and Testing. 801-5.7.1 General. 801-5.7.2 Pipeline Pressure Test. 801-5.7.2.1 General 801-5.7.2.2 Method A. 801-5.7.2.3 Method B. 801-5.7.3 Sprinkler Coverage Test. 801-5.7.4 Operational Test. 801- PLANT ESTABLISHMENT. Delete the entire text and insert in its place the following: 801-6.1 General Requirements Maintain all areas within the work limits of the contract on a continuous basis until final acceptance. Furnish all labor, equipment, materials, tools, services, and special skills required to perform the landscape maintenance as set forth in these Specifications and in keeping with the highest standards of quality and performance. Page 33 of 40 801-6.1.1 Scope of Work. Maintenance shall include continuous maintenance of planting area. Maintenance of plant material shall include, but not be limited to watering, mowing, fertilization, weed control, and pest control. It is expected that these maintenance practices will keep each site in a state of healthy, vigorous growth. If the Contractor observes any turf that appears to be declining due to causes that are beyond his control, he must notify the Engineer in writing within 48 hours of observance. The Engineer will investigate, and if in agreement, will provide Contractor with written validation thereby releasing the Contractor of replacement responsibility. Landscaped areas will be maintained in a vigorous, healthy, and stress - free condition at all times. Failure by the Contractor to immediately take corrective action to eliminate plant stress due to i.e., lack of water, insect infestation, etc., will result in penalties assessed against the Contractor. The City reserves the right to require the Contractor to apply plant dye within 24 hours of notification to landscape that has been stressed due to Contractor's neglect. The dye will be applied at no extra charge to the City. 801-6.1.3 Maintenance Function Report. Maintain and keep current a report form that records all ongoing and, and maintenance functions performed on a daily basis by Contractor's personnel. 801-6.1.4 Personnel (a) General. Provide sufficient personnel to accomplish the work within the allotted time frames as indicated in this Specification. Immediately notify the Engineer when the work force has been removed from the job site due to inclement weather, or other reasons. Additional Personnel. The Engineer reserves the right to require the Contractor to provide additional landscape personnel and equipment at no additional cost to the City in the event the Contractor fails to adhere to the maintenance schedule or provide and perform landscape work as specified herein the General Requirements and Maintenance Specifications of the contract. Supervisor. Provide an English-speaking supervisor who is fully trained in all maintenance responsibilities for the areas. This supervisor shall be onsite at all times while work is being performed. Dress Code. Employees shall present a neat, well-groomed appearance at all times. Hair (including facial hair) shall be maintained Page 34 of 40 in a neat, well-groomed fashion. Employees with tattoos and/or body piercing that are determined by the Engineer to be objectionable shall be immediately replaced with a satisfactory employee. (b) Conduct. Employees shall act in a courteous, professional manner at all times while working on the project. Every effort shall be made to perform the work while creating minimum disturbance to the citizens. Any employee who is determined by the Engineer to be incompetent, disorderly, intemperate, or otherwise objectionable shall be immediately removed from the project and replaced with a satisfactory replacement. 801-6.2 Start of Plant Establishment 801-6.2.1 General. After all work indicated on the plans and herein specified has been completed, inspected and approved by the Engineer the plant establishment period will start. In order to carry out the work, the Contractor shall maintain a sufficient number of men and adequate equipment to perform the work herein specified from the time any planting is done until the final approval. If at any time the Contractor is not performing plant establishment work the establishment period shall be suspended and not restarted until all deficiencies have been corrected to the satisfaction of the Engineer. No payments will be made for work required during the suspended period and the period shall be extended by the length of time of the suspension. 801-6.2.2 Criteria for Start of Plant Establishment Period. The maintenance and plant establishment period shall not start until all elements of the project that impact the landscape are completed in accordance with the contract documents. 801-6.2.3 Inspections. A written notice requesting an inspection should be submitted to the Engineer at least 48 hours prior to the anticipated date. Prior to start of the plant establishment period, the Contractor will be required to have a complete inspection and approval of all landscape construction items. An inspection shall be scheduled at intervals during the landscape establishment period. 801-6.3 Maintenance Tasks During the contract period provide all watering, mowing, weeding, fertilizing, cultivation and spraying necessary to keep the turf in a healthy growing condition and to keep the planted areas neat and attractive. All Page 35 of 40 shrubs planted by Contractor shall be pinched and pruned as necessary to encourage new growth and to eliminate rank sucker growth as approved by the Engineer. Do not prune trees without written approval of the Engineer. 801-6.4 General Maintenance a) Remove trash weekly. b) Exterminate vertebrate pest's gopher, mole, etc., and repair damaged areas, as required. 801-6.5 Weed Control 801-6.5.1 Eradicate all noxious weeds from site 801-6.6 Replacement Plantings During the plant establishment period, all plant materials shall be in a healthy, growing condition and spaced as indicated on the Plans. All turf that shows signs of failure to grow at any time during the life of the contract or those plants injured or damaged from any cause, including vandalism, as to render them unsuitable for the purpose intended shall be immediately replaced in kind and size at the expense of the Contractor. 801-6.7 Fertilization Make two applications of commercial fertilizer with 8 lbs Tri -C Humate 6-2- 4 w/ 5% S per 1000 sq. ft. square feet at the following periods: (The fertilization must be observed by the Engineer) • Thirty (30) calendar days after the 90 -day establishment period has begun. Just prior to the end of the 90 -calendar day establishment period. 801-6.8 Planting Establishment All planting areas that do not show a prompt establishment of plant material, and areas where plant material is missing, shall be replanted at 10 -day intervals until the plant material is established. If a good rate of growth has not been demonstrated within 30 days of sodding, Contractor shall be responsible to determine the appropriate horticultural practices necessary to obtain good growth. Contractor shall obtain agronomic soils testing of all areas not showing good growth and shall provide copies of the test results to the Engineer to verify the appropriateness of all maintenance work performed. If additional soil amendments are needed, up to a maximum 25 percent beyond the application rate specified, Contractor shall provide such amendments at no additional cost to City. 801-6.9 Grading and Drainage Page 36 of 40 During the plant establishment period all flow lines shall be maintained to allow for free flow of surface water. Low spots and pockets shall be graded to drain properly. 801-6.9.1 Damage to planting areas shall be repaired immediately and throughout the plant establishment period. All litter and debris generated during the performance of this contract shall be removed from the site the same day it is generated and disposed of off-site in the proper manner at the Contractor's expense. Papers, plant clippings, animal feces, and other debris shall be removed from sidewalks and other hard surfaces immediately following each maintenance function. At no time shall paper, plant clippings, or other debris be blown or swept from the landscaped areas and/or hard surfaces onto private property, storm drains or public streets. 801-6.10 Disease and Pest Control a) Throughout the plant establishment period, all plants shall be maintained in a disease and pest free condition. A licensed pest control operator shall be retained by the Contractor to recommend and apply all pesticides, herbicides, and fungicides. Exterminate gophers, moles, and all other rodents, and repair damage. The Contractor shall be responsible for detecting diseases and pests as soon as their presence is manifested. The contractor shall take immediate action to identify the disease and/or pest and apply such remedies as are necessary to control the infestation. The contractor shall remove all rodents, taking control measures immediately upon discovery. b) Pesticides. All materials shall be in strict accordance with and applied within the Standards set forth in the EPA regulations and the California food and Agricultural Code. Pesticides shall be selected from those materials which characteristically have the lowest residual persistence. Use of emulsifiable concentrates shall be used when possible to limit windblown particles. The use of adjuvants will be utilized to increase pesticide efficiency thereby reducing the total amount of technical material required to gain control. Contractor is responsible for obtaining all required permits, and maintaining the required usage documentation with copies sent to the Engineer. Page 37 of 40 Pesticides shall be applied at times which limit the possibility of contamination from climatic and other factors. Early morning application shall be made when possible to avoid contamination from drift. Applicator shall monitor forecast weather conditions to avoid making application prior to inclement weather to eliminate potential runoff from treated areas. All pesticide applications shall be in accordance with written recommendations provided by a licensed pest control advisor (PCA) with application performed by a licensed qualified applicator (QAC) with copies of the written recommendations sent to the City Engineer. Spray equipment shall be in good operating condition, quality, and design to efficiently apply material to the target area. Drift will be minimized by avoiding high-pressure application and using water- soluble drift agents. Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used which ensure that materials are confined to the target area. Spray tanks containing leftover materials shall not be drained on the site to prevent contamination. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the California Food and Agricultural Code or EPA regulations. c) Rodent Control. Continuously control all rodents within the boundaries of the project. Damage as a result of rodent activity shall be repaired at the Contractor's expense. 801-6.12 End of Plant Establishment Period 801-6.12.1 Request for Inspection. When Contractor believes the plant establishment period is complete, and the project is ready for final acceptance, the Contractor shall request inspection of the project. The Engineer will not inspect the project for final acceptance until all deficiencies are corrected. 801-6.12.2 Written Acceptance. Final acceptance and assumption of maintenance responsibilities by City shall occur only upon the Engineer's written acceptance of the project for maintenance by the City. 801-6.13 Clean Up 801-6.13.1 Remove surplus materials from the site and leave premises in a neat and clean condition each day. 801-6.13.2 Remove all tags and labels from all plant material only after the approval of the Engineer. Page 38 of 40 801-6.13.3 Prior to acceptance of the project for maintenance, clean up and remove all remaining debris and surplus materials, leaving the premises neat and clean. 801-7 MEASUREMENT. 801-8 PAYMENT. Add the following: 801-8.1 Guarantee. 801-8.1 Contractor Guarantee All landscape installed under the contract shall be guaranteed for a period of 90 days against any and all poor, inadequate, or inferior materials, and/or workmanship, for the noted period following the date the Project Notice of Completion is filed with the County Recorder. During the guarantee period, irrigation system components, any landscape planting found to be dead, missing, or in poor condition shall be replaced by the Contractor within 10 days of written notification. The Engineer shall be the sole judge as to the condition of the materials. Replacement shall be made in accordance with City standards; replacement shall be same size, and kind as originally installed. Landscape materials shall be furnished, planted, and fertilized as specified and guaranteed within these documents. Contractor shall provide material and labor involved in replacing landscape and irrigation system at no additional cost to the City. The Guarantee form shall be re -typed onto the Contractor's letterhead and contain the following information: GUARANTEE FOR LANDSCAPE PLANTING All plant material installed under the Contract shall be guaranteed against any and all poor, inadequate or inferior materials, repair or replace any defects in material or workmanship, which may develop during the 90 day period from the date the Project Notice of Completion is filed with the County Recorder. Any materials found to be dead, missing, or in poor condition as determined by the Engineer, during the Establishment Phase shall be replaced immediately, not at the end of the Establishment Phase prior to inspection. The Engineer shall be the sole judge as to the condition of material. Material to be replaced within the guarantee period shall be replaced by the Contractor within seven (7) days. GUARANTEE FOR LANDSCAPE IRRIGATION Page 39 of 40 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 Engineer prior to acceptance of the irrigation system. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. The beginning date of the one-year guarantee shall be from the written final acceptance date established by the Engineer at the end of the Maintenance Phase. The guarantee form shown below shall be re -typed onto the Contractor's letterhead and contain the following information: te�na:�e��rr��r•�:�y�:�i►ialcaic�ire�rr.����� 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 Engineer after receipt of written notice from the Engineer. All repair work shall completed to the satisfaction of the Engineer. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer 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: Page 40 of 40 City of Newport Beach BONITA CANYON SPORTS PARK PICKLEBALL COURTS Contract No. 8130-2 SUPPLEMENTAL DOCUMENTS and SPECIFICATIONS: SportMaster Specification Sheets: A1_Acrylic Resurfacer A2—Neutral Concentrate with Sand A3_ColorPlus A4 T/X Textured White Line Paint Ninvo & Moore Geotechnical Evaluation: B I Geotechnical Evaluation 82_ Supplemental Anti -Graffiti Coating: C_AntiGraffitiCoating o- p� to SPORT SURFACES CMT - 33 1. PRODUCT NAME: Acrylic Resurfacer With Sand 2. MANUFACTURER: ThorWorks Industries, Inc. 2520 S. Campbell St. Sandusky, OH 44870 Phone: 800-326-1994 Fax: 419-626-5477 www.thorworks.com Add tiand P I ant L oal ans: SealMaster has a nationwide network of manufacturing and distribution facilities. Phone 1-800-395-7325 or visit www.sealmoster.net to find the location near you. 3. PRODUCT DESCRIPTION & BENEFITS: SportMaster Acrylic Resurfacer With Sand is a 1000/. acrylic emulsion with sand designed for filling and smoothing asphalt or concrete surfaces in preparation for SportMaster color coating systems. 4. USES: Tennis courts, basketball courts, and other asphalt or concrete surfaces. Cdcr: Black 5. SURFACE PREPARATION: Pavement surface must be cleaned entirely of dust, dirt, debris and all loose materials. New asphalt must cure 14 to 28 days before application. Repair of pavement surface defects, depressions and cracks must be completed prior to application. All repairs must be flush and smooth to adjoining surfaces. 6. MIXING PROCEDURES: Patching For Patching and filling depressions, Acrylic Resurfacer With Sand may be modified with sand and cement using the following mix design: Acrylic Resurfacer With Sand Cement ............ I Gallon (always mix cement thoroughly with a small amount of water before adding to patch mix. For applying patch mix, you'll need a straight edge or screed bar (Metal, wooden, aluminum, etc.) that is wider than the depression area that will be patched. Apply large amount of patch material at one end of the depression and use the straight edge to screed and smooth material across the depression. Feather the edges of the patch material with a hand trowel or squeegee to assure a smooth patch. Allow patch to cure 24 hours. If shrinkage cracks occur when patch dries, simply apply another coat of patch mix with a squeegee. This will fill in and eliminate shrinkage cracks. Once patch mix has thoroughly cured (at least 24 hours) sanding or grinding may be required to provide a smooth patch finish. Coding: When applying Acrylic Resurfacer With Sand as a coating, use the following mix design: Acrylic Resurfacer With Sand ............................10 Gallons Water......................................4 Gallons Revised: 7109 Apply Acylic Resurfacer With Sand as a coating using a soft rubber squeegee. Allow to dry. Scrape all rough spots and ridges before applying the next coat. Apply one or two coats, depending on surface porosity and condition. Two coats are recommended on new or uncoated asphalt. 7. DRYING TIME: 30 to 60 minutes under optimum drying conditions. 8. COVERAGE: Yield calculations are based on undiluted gallons of SportMaster Acrylic Resurfacer With Sand and will vary according to surface texture and porosity within the limits below: Each coat requires .11 to .13 gallons per square yard. 9. CAUTIONS: KEEP OUT OF REACH OF CHILDREN. Do not take internally. If swallowed, call a physician immediately. In case of contact with eyes, flush immediately with water for 15 minutes and call a physician. When not in use, keep containers tightly closed and upright to prevent leakage. Product Dcia Type Acrylic Emulsion Odor Slight Ammonia Flammability Non -Flammable Flash Point None Storage Life One Year Acrylic Resurfacer With Sand ............................10 Gallons Colors Black Water ........... 3 Gallons (or enough to achieve workability) Sand.....................................40 Pounds �D o moa moa m m n w 0 A n w w N 0 c D Acrylic Resurfacer With Sand 10. WARRANTY: Copyright© 2009, SealMaster The statements made on this All rights reserved. technical bulletin are believed to be true and accurate, and are ThorWorksIndustries, Inc. intended to provide a guide for P.O. Box 2277 approved construction practices. Sandusky, OH 44870 Manufacturer does not make, nor does it authorize any agent or Phone: 1-800-326-1994 representative to make any FAX: 1-419-626-5477 warranty, express or implied, concerning this material as www.sportmaster.net workmanship, weather, construction, equipment utilized and other variables affecting results are all beyond our control. Manufacturer warrants only that the material conforms to product specifications and any liability to the buyer or user of this product is limited to the replacement value of The product only. In no event shall Manufacturer be liable for any injury, loss or damage, either direct or incidental, special or consequential, however arising, in connection with material or equipment furnished or work performed. Manufacturer shall not, in any manner, be liable for any defects, variations or change in condition in the substructure over which its products ore installed. r, SPORT SURFACES iLPP#t A4,io SPORT SURFACES 1. PRODUCT NAME: Neutral Concentrate With Sand MANUFACTURER: ThorWorks Industries, Inc. 2520 S. Campbell St, Sandusky, OH 44870 Phone: 800-326-1994 Fax: 419-626-5477 www.thorworks.com Additional Plant Locations: SealMaster has a nationwide network of manufacturing and distribution facilities. Phone 1-800-395-7325 or visit www.sealmaster,net to find the location near you. 3. PRODUCT DESCRIPTION & BENEFITS: SportMaster Neutral Concentrate with Sand is a 1000/ acrylic emulsion coating formulated for tennis courts and other sport and recreational pavement surfaces. Neutral Concentrate with Sand is designed to be mixed with SportMaster ColorPlus pigment dispersion to achieve desired color. Uses: Tennis courts, basketball courts, and other multipurpose pavement surfaces. Color: Neutral. Desired color is achieved by mixing ColorPlus pigment dispersion with Neutral Concentrate with Sand. Surface Preparation: Pavement surface must be cleaned entirely of dust, dirt, and debris. Repair of pavement surface defects, depressions and cracks must be completed prior to application. All repairs must be flush and smooth to adjoining surfaces. New aspha8 surfaces must cure 14 to 30 days prior to application. It is recommended that any uncoated asphalt surface receive one or more coats of Acrylic Resurfacer (Technical Bulletin CMT - 3) as required by surface roughness and porosity to provide a smooth, dense underloyment for application of color coatings. Neutral Concentrate With Sand CMT - 40 Revised: 7/09 New concrete surfaces must cure 28 days prior to application. Concrete surfaces should have a medium broom finish or similar roughened texture. Etch surface with muriatic or phosphoric acid and apply SportMaster Acrylic Adhesion Promoter (Technical Bulletin CMT - 21). 4. MIXING PROCEDURES: • Mix in the following order for 55 gallon drum of Neutral Concentrate with Sand: SportMaster Neutral Concentrate with Sand ............................55 gallons SportMaster ColorPlus .......... 4 gallons Water...............................20-25 gallons • Mix in the following order for 30 gallon keg of Neutral Concentrate with Sand: SportMaster Neutral Concentrate with Sand ........................... 30 gallons SportMaster ColorPlus .......... 2 gallons Water...............................12-15 gallons Note: Mix Thoroughly to ensure complete dispersion of ColorPlus. 5. APPLICATION: Apply mixed coating with a soft rubber squeegee. A minimum of two coats are recommended. 6. IMPORTANT: Stir material thoroughly before using. Temperature must be a minimum of 50° F. and rising before application. Do not apply when rain is imminent or forecast. Keep from freezing. Close container when not in use. 7. COVERAGE: Yield calculations are based on undiluted gallons of Neutral Concentrate with Sand and vary according to surface texture and porosity within the limits below .06 to .08 gallon per square yard per coat 8. DRYING TIME: Neutral Concentrate with Sand dries in 30 to 60 minutes under optimum drying conditions. Allow each coat of material to dry thoroughly before applying successive coats. Low ambient or low surface temperature and high humidity increase drying time. Allow coating to cure for 48 hours before opening up for play. 9. CAUTIONS: KEEP OUT OF REACH OF CHILDREN. Do not take internally. If swallowed, call a physician immediately. In case of contact with eyes, flush immediately with water for 15 minutes and call a physician. When not in use, keep containers tightly closed and upright to prevent leakage. 10. WARRANTY: The statements made on this technical bulletin are believed to be true and accurate, and are intended to provide a guide for approved construction practices. Manufacturer does not make, not does if authorize any agent or representative to make any warranty, express or implied, concerning this material as workmanship, weather, construction, equipment utilized and other variables affecting results are all beyond our control. Manufacturer warrants only that the material conforms to product specifications and any liability to the buyer or user of this product is limited to the replacement value of the product only. In no event shall Manufacturer be liable for any injury, loss or damage, either direct or incidental, special or consequential, however arising, in connection with material Product Data: Type....... ................. ,,...................... .......................... ,......... ......Acrylic Emulsion Pounds per Gallon..................................................................8.8±.5 Odor.........................................................................................Slight Ammonia Flammability ..... ..... .......... ...... ...... ..... .......... .................. ....... .. Non -Flammable FlashPoint ................ .................. ,................ ,..... .................... ,.None 0 R n 0 0 0 n Z 6) Neutral Concentrate With Sand or equipment furnished or work performed. Manufacturer shall not, in any manner, be liable for any defects, variations or change in condition in the substructure over which its products are installed. Copyright© 2009, SealMaster All rights reserved. ThorWorks Industries, Inc. P.O. Box 2277 Sandusky, OH 44870 Phone: 1-800-326-1994 FAX: 1-419-626-5477 www.sportmaster.net 1 I ........ SPORT Lpp tB ColorPlus CMT - 39 Revised: 3/12 SPORT SURFACES 1. PRODUCT NAME: ColorPlus 2. MANUFACTURER: ThorWorks Industries, Inc. 2520 S. Campbell St. Sandusky, OH 44870 Phone: 800-326-1994 Fax: 419-626-5477 www.thorworks.com Additional Plant Locations: SealMaster has a nationwide network of manufacturing and distribution facilities. Phone 1-800-395-7325 or visit www.sealmaster.net to find the location near you. 3. PRODUCT DESCRIPTION & BENEFITS: SportMaster ColorPlus is a highly concentrated water based pigment dispersion designed for mixing with SportMaster Neutral Concentrate. Color: Forest Green, *Light Green, Dark Green, Beige, Brown, *Red, Maroon, Gray, Blue, Tournament Purple, Lt. Blue, *Dove Gray, *Ice Blue, *Sandstone, Orange, and Yellow. LEED: SS Credit 7.1: Heat Island Effect: Non -Roof *Specific colors may contribute toward LEED credits. 4. MIXING PROCEDURES: Mix in the following order for 55 gallon drum of Neutral Concentrate: SportMaster Neutral Concentrate ....... 55 gallons SportMaster ColorPlus .......... 4 gallons Water .............................28 - 33 gallons Silica Sand (80 to 100 mesh AFS) ........... 400lbs. Mix in the following order for 30 gallon keg of Neutral Concentrate: SportMaster Neutral Concentrate ....... 30 gallons SportMaster ColorPlus .......... 2 gallons Water .............................15 - 18 gallons Silica Sand (80 to 100 mesh AFS).......... 200 lbs. Note: Mix thoroughly to ensure complete dispersion of ColorPlus. 5. APPLICATION: Apply mixed coating with a soft rubber squeegee. A minimum of two coats are recommended. 6. IMPORTANT: Stir material thoroughly before using. Temperature must be a minimum of 50'F. and rising before application. Do not apply when rain is imminent or forecast. Keep from freezing. Close container when not in use. 7. CAUTIONS: KEEP OUT OF REACH OF CHILDREN. Do not take internally. If swallowed, call a physician immediately. In case of contact with eyes, flush immediately with water for 15 minutes and call a physician. When not in use, keep containers tightly closed and upright to prevent leakage. 8. WARRANTY: The statements made on this technical bulletin are believed to be true and accurate, and are intended to provide a guide for approved construction practices. Manufacturer does not make, nor does it authorize any agent or representative to make any warranty, express or implied, concerning this material as workmanship, weather, construction, equipment utilized and other variables affecting results are all beyond our control. Manufacturer warrants only that the material conforms to product specifications and any liability to the buyer or user of this product is limited to the replacement value of the product only. In no event shall Manufacturer be liable for any injury, loss or damage, either direct or incidental, special or consequential, however arising, in connection with material or equipment furnished or work performed. Manufacturer shall not, in any manner, be liable for any defects, variations or change in condition in the substructure over which its products are installed. Copyright© 2012, SealMaster All rights reserved. ThorWorks Industries, Inc. P.O. Box 2277 Sandusky, OH 44870 Phone: 1-800-326-1994 FAX: 1-419-626-5477 www.sportmaster.net 0 m D s LL Product Data: Type..........................................................................................Water Based Pigment Dispersion Flammability.......................................................................Non Flammable FlashPoint............................................................................None Colors...................................................................................Several Available 0 m D s LL °T/C Textured PIP White Line Paint SPORT SURFACES CMT - 52 Revised: 4/07 1. PRODUCT NAME: T/C Textured White Line Paint 2. MANUFACTURER: ThorWorks Industries, Inc. 2520 S. Campbell St. Sandusky, OH 44870 Phone: 800-395-7325 Fax: 419-626-5477 www.thorwofks.com Additional Plant Locations: SealMaster has a nationwide network of manufacturing and distribution facilities. Phone 1-800-395-7325 or visit www.sealmoster.net to find the location near you. 3. PRODUCT DESCRIPTION & BENEFITS: T/C Textured White Line Paint is a 1000/.acrylic emulsion paint fortified with fine sand to provide a texture similar to that of the playing surface. Color: Available in white. Uses: Line marking on tennis courts, running tracks, and other asphalt or concrete pavement surfaces. 4. SURFACE PREPARATION: Pavement surface must be cleaned entirely of dust, dirt, debris and all loose material. If using T/C Textured White Line Paint on a new, uncoated surface, allow adequate curing time before application. 5. MIXING PROCEDURES: T/C Textured White Line Paint can be rolled or brushed. To assure crisp lines, it is advisable to use a high quality tape to mask lines. Remove tape as soon as T/C Textured White Line Paint has dried. 6. IMPORTANT: Stir before using. Temperatures must be above 50°F both during application and for a period of at least 24 hours after application. Do not apply if rain is imminent or forecast. Keep from freezing. Close container when not in use. On outdoor concrete surfaces, assure adequate and functional perimeter drains as well as a sound vapor barrier beneath the slab. 7. DRYING TIME: Thirty to sixty (30 to 60) minutes under optimum drying conditions. Indoor applications are substantially affected by temperature and available ventilation and will dry more slowly. 8. COVERAGE: 500 to 600 lineal feet of 2 -inch line per gallon. 9. CAUTION: Do not store in direct sunlight or where temperatures exceed 100°F. Do not apply if rain is imminent or forecast. Keep from freezing. Close container when not in use. 10. WARRANTY: The statements made on This technical bulletin are believed to be true and accurate, and are intended to provide a guide for approved construction practices. Manufacturer does not make, nor does it authorize any agent or representative to make any warranty, express or implied, concerning this material as workmanship, weather, construction, equipment utilize and other variables affecting results are all beyond our control. Manufacturer warrants only that The material conforms to product specifications and any liability to the buyer or user of this product is limited to the replacement value of The product only. In no event shall Manufacturer be liable for any injury, loss or damage, either direct or incidental, special or consequential, however arising, in connection with material or equipment furnished or work performed. Manufacturer shall not, in any manner, be liable for any defects, variations or change in condition in the substructure over which its products are installed. Copyright© 2007, ThorWorks Industries, Inc. All rights reserved, ThorWorks Industries, Inc. P.O. Box 2277 Sandusky, OH 44870 Phone: 1-800-326-1994 FAX: 1-419-626-5477 www.sportmaster.net Product Data: Type ........... _.,........................Acrylic Emulsion Weight per gallon a1 77°F .......... .............. ........ ,...,...........__.................11 t 1 lbs. %Non Volatile Material.........................................................................54±2 Odor.......................................................................................................Ammonia Flammability ..... .............. ..... ....... ........................................................ Non -Flammable FlashPoint...............................................................................................None StorageLife............................................................................................One Year 0 0 N C D Geofecnrnc,v dna EnViranntencl S Ones COnIlRdn6 GEOTECHNICAL EVALUATION BONITA CANYON SPORTS PARK PICKLEBALL COURTS 1990 FORD ROAD NEWPORT BEACH, CALIFORNIA PREPARED FOR: Stantec 46 Discovery, Suite 250 Irvine, California 92618 PREPARED BY: Ninyo & Moore Geotechnical and Environmental Sciences Consultants 475 Goddard, Suite 200 Irvine, California 92618 September 14, 2016 Project No. 209681001 Ice cnte[Ilnu dl dn�9 E,wa..i Twnt,,j saenfes ConsW:dnCt September 14, 2016 Project No. 209681001 Mr. Jeffrey Wilkerson Stantec 46 Discovery, Suite 250 Irvine, California 92618 Subject: Geotechnical Evaluation Bonita Canyon Sports Park Pickleball Courts 1990 Ford Road Newport Beach, California Dear Mr. Wilkerson: In accordance with your request, we have performed a geotechnical evaluation for the proposed pickleball courts located at Bonita Canyon Sports Park at 1990 Ford Road in Newport Beach, California. This report summarizes our findings and conclusions regarding the site conditions and provides geotechnical recommendations for construction of the planned pickleball courts. Our study was conducted in general accordance with the scope of services presented in our proposal dated June 22, 2015. Ninyo & Moore appreciates the opportunity to be of service to you or `' ' Respectfully submitted, NINYO & MOORE si E Spencer Marcinek, PE Project Engineer p� SCM/LTJ/DBC/mlc Distribution: (1) Addressee (via e-mail) Daniel B. Chu, I Chief Geotechni .� mss... 475 GWL'6,d. Ate 200 [,v;,e CaIkln,. 92618 PR�,e[9491 53 00 Fa 0491 s31071 �� yo•Moore ..:, .z. 4 u r a :,o: ens r r„cen ae, a ,ain Iaysc:R . uee.e tircr i- Pn ., .v - Bonita Canyon Sports Park September 14, 2016 Newport Beach, California Project No. 209681001 TABLE OF CONTENTS Page INTRODUCTION....................................................................................................................1 2. SCOPE OF SERVICES 3. SITE DESCRIPTION AND PROPOSED CONSTRUCTION................................................2 4. SUBSURFACE EVALUATION AND LABORATORY TESTING......................................2 5. SUBSURFACE CONDITIONS...............................................................................................3 5.1. Groundwater.................................................................................................................3 6. CONCLUSIONS......................................................................................................................3 7. RECOMMENDATIONS..........................................................................................................4 7.1. Earthwork.....................................................................................................................4 7.1.1. Construction Plan Review and Pre -Construction Conference ............................5 7.1.2. Site Preparation...................................................................................................5 7.1.3. Excavation Characteristics..................................................................................5 7.1.4. Temporary Excavations......................................................................................5 7.1.5. Pickleball Court Pad Preparation........................................................................6 7.1.6. Fill Material.........................................................................................................6 7.1.7. Fill Placement and Compaction..........................................................................7 7.1.8. Slopes..................................................................................................................7 7.2. Seismic Design Considerations....................................................................................7 7.3. Foundations...................................................................................................................8 7.3.1. Footing Foundations...........................................................................................9 7.3.2. Light Pole Foundations.......................................................................................9 7.3.3. Post -Tensioned Concrete Slabs-On-Grade.......................................................10 7.3.4. Standard Reinforced Concrete Slabs-On-Grade...............................................10 7.4. Retaining Walls..........................................................................................................11 7.5. Corrosivity..................................................................................................................11 7.6. Concrete Placement....................................................................................................12 7.7. Drainage......................................................................................................................13 8. CONSTRUCTION OBSERVATION....................................................................................13 9. LIMITATIONS.......................................................................................................................14 10. REFERENCES.......................................................................................................................16 Tables Table 1 — 2013 California Building Code Seismic Design Criteria.................................................8 Table 2 — Post -Tensioned Concrete Slab -On -Grade Recommendations.......................................10 209681001 R Geo E [ -rev i pJnya-*GUre Bonita Canyon Sports Park September 14, 2016 Newport Beach, California Project No. 209681001 Fieures Figure 1 — Site Location Figure 2 — Site Plan and Boring Locations Figure 3 — Lateral Earth Pressures for Yielding Retaining Walls Figure 4 — Retaining Wall Drainage Detail Appendices Appendix A — Boring Logs Appendix B — Laboratory Testing 209681001 R Geo EwI -rev Bonita Canyon Sports Park September 14, 2016 Newport Beach, California Project No. 209681001 1. INTRODUCTION In accordance with your request, we have performed a geotechnical evaluation for the proposed pickleball courts located at Bonita Canyon Sports Park at 1990 Ford Road in Newport Beach, California (Figure 1). Our services included evaluation of the soil and geologic conditions at the site and preparation of geotechnical recommendations for the design and construction of the proposed pickleball courts. This report presents our findings, conclusions, and recommendations regarding the subject project. 2. SCOPE OF SERVICES Our scope of services for this project was performed in accordance with our proposal dated June 22, 2015, and included the following: • Project planning and coordination with the City of Newport Beach to schedule our field work and obtain access to the site. • Review of background data, including in-house geotechnical data, geologic maps and literature, State of California Earthquake Fault Zone maps, State of California Seismic Hazards Zones Maps, topographic maps, and stereoscopic aerial photographs. • Performance of a site reconnaissance to mark proposed boring locations for utility clearance. • Subsurface exploration consisting of the drilling, logging, and sampling of two hollow -stem auger borings to depths of approximately 16%2 feet. The borings were logged by a representative from our firm, and bulk and relatively undisturbed soil samples were collected at selected depth intervals for laboratory testing. • Laboratory testing on selected soil samples, including evaluation of in-situ moisture and dry density, percentage of particles finer than the No. 200 sieve, Atterberg limits, expansion index, and soil corrosivity. • Compilation and geotechnical analysis of background information, and field and laboratory data. • Preparation of this report presenting our findings, conclusions, and recommendations regarding the proposed improvements. 209681001 Rc . E. . e� t M/1/w®.. f%'0W1 _ Bonita Canyon Sports Park September 14, 2016 Newport Beach, California Project No. 209681001 3. SITE DESCRIPTION AND PROPOSED CONSTRUCTION Bonita Canyon Sports Park is located at 1990 Ford Road in Newport Beach, California (Figure l). The park includes multiple sports fields, playgrounds, lawn areas, and parking lots. The park is bounded by Bonita Canyon Drive to the north, Prairie Road to the east, Ford Road to the south, and Macarthur Boulevard to the west. The proposed pickleball courts are located on the western side of the park in a grass lawn area that extends to the south of Ford Road. A basketball court is located north of the project area and a playground and sidewalk are located east of the project area. The project area slopes gently to the south with elevations ranging from approximately 201 to 195 feet above mean sea level. An approximately 11 -foot high slope descends from the west side of the proposed pickleball courts down to Macarthur Boulevard over a distance of approximately 60 feet (Google Earth, 2016). We understand that the project involves the design and construction of four new pickleball courts. Grading is anticipated to include relatively minor cuts and fills of approximately 3 feet or less to achieve the planned finish grades. We also understand that a 3 -foot high retaining wall will be constructed along the west side of the courts. Additional improvements are anticipated to include drainage systems and landscaping. A site plan is presented on Figure 2. 4. SUBSURFACE EVALUATION AND LABORATORY TESTING our subsurface evaluation was conducted on August 12, 2016, and consisted of the drilling, logging, and sampling of two small -diameter borings using a track -mounted drill rig with 8 -inch - diameter hollow -stem augers. The borings were drilled to depths of approximately 16% feet and were logged by a representative from our firm. The purpose of the exploratory borings was to observe the subsurface materials and collect bulk and relatively undisturbed samples for laboratory testing. The approximate locations of the exploratory borings are shown on Figure 2. The logs of the borings are provided in Appendix A. Laboratory testing of representative soil samples was performed to evaluate in-situ moisture and dry density, percentage of particles finer than the No. 200 sieve, Atterberg limits, expansion index, and soil corrosivity. The results of our in-situ moisture content and dry density tests are 109681001 RGea Evd-rev 2 /Vle.g0, UUrP Bonita Canyon Sports Park Newport Beach, California September 14, 2016 Project No. 209681001 presented on the boring logs in Appendix A. The remaining geotechnical laboratory testing results are presented in Appendix B. 5. SUBSURFACE CONDITIONS Based on review of published geologic maps, the site is underlain by Pleistocene age terrace deposits. The terrace deposits generally include moderately to well indurated, interbedded gravel, sand, silt, and clay bearing deposits (Morton, 2004). The materials encountered in our borings consisted of terrace deposits to the depths explored. The terrace deposits included interbedded layers of moist, stiff, clayey silt and clay, and moist, medium dense, clayey sand, silty sand, and poorly graded sand with silt. Gravel and cobbles were also encountered in the near surface soil in boring B-2. Detailed descriptions of the subsurface materials are presented on the boring logs in Appendix A. 5.1. Groundwater Groundwater was not encountered in our borings at the time of drilling. Regional maps indicate that the historic high groundwater at the site is greater than approximately 10 feet below the ground surface (California Department of Conservation, Division of Mines and Geology, 1998). Fluctuations in groundwater levels will occur due to variations in precipitation, ground surface topography, subsurface stratification, irrigation, groundwater pumping, and other factors that may not have been evident at the time of our field evaluation. 6. CONCLUSIONS Based on our evaluation, it is our opinion that the project is feasible from a geotechnical standpoint, provided that the following recommendations are incorporated into the design and construction of the project. In general, the following conclusions were made: • Based on our exploratory borings, the site is underlain by Pleistocene age terrace deposits comprised of interbedded moist, stiff to very stiff, clayey silt and clay, and medium dense to dense, clayey sand, silty sand, and poorly graded sand with silt. Gravel and cobbles are also present in the terrace deposits. 209681001 R Geo Evil -rev 3 N>nyo,*uure Bonita Canyon Sports Park September 14, 2016 Newport Beach, California Project No. 209681001 • Based on our field exploration, laboratory testing, variability of the on-site soils, and experience, the near surface soils are considered to have a medium expansion potential. Earthwork and foundation recommendations are presented in the following sections to mitigate the expansive soil conditions on site. • Excavations in the site terrace deposits should be feasible with earthmoving equipment in good working order. Some dense cobble layers may be encountered, which may be difficult to excavate with light backhoe equipment. • We anticipate that the on-site excavated materials should be suitable for use as engineered fill. Over -size cobbles, if present, should be removed prior to placement of fill. • Groundwater was not encountered in our borings at the time of drilling. The historic high groundwater is reported to be greater than approximately 10 feet below the ground surface. Fluctuations in the groundwater level may occur as a result of variation in seasonal precipitation, irrigation practices, groundwater pumping, and other factors. • Based on our laboratory corrosion testing, the on-site soil can be classified as corrosive based on the California Department of Transportation (Caltrans) Corrosion Guidelines (Cal- trans, 2012). • During our field reconnaissance we did not observe erosion, slumping, ground cracking or other indications of instability along the slope area that descends to MacArthur Boulevard. In our opinion, the proposed pickleball court construction should not impact the stability of the slope, provided appropriate drainage improvements are included in the project. 7. RECOMMENDATIONS The following sections include our geotechnical recommendations for construction of the proposed pickleball courts. These recommendations are based on our evaluation of the site geotechnical conditions and our understanding of the planned construction. The proposed site improvements should be constructed in accordance with the requirements of the City of Newport Beach and other applicable governing agencies. 7.1. Earthwork Earthwork at the site is anticipated to consist of site clearing, relatively minor cuts and fills, trenching for utilities, foundation excavations, and trench backfill. Earthwork should be performed in accordance with the requirements of applicable governing agencies and the recommendations presented in the following sections. 209681001 R Geo Eva rev 4 JYJ,7/f®- fU®i'P_ Bonita Canyon Sports Park Newport Beach, California September 14, 2016 Project No. 209681001 7.1.1. Construction Plan Review and Pre -Construction Conference We recommend that the grading and foundation plans be submitted to Ninyo & Moore for review to evaluate conformance to the geotechnical recommendations provided in this report. We further recommend that a pre -construction conference be held in order to discuss the grading recommendations presented in this report. The owner and/or their representative, the governing agencies' representatives, the civil engineer, Ninyo & Moore, and the contractor should be in attendance to discuss the work plan, project schedule, and earthwork requirements. 7.1.2. Site Preparation Prior to excavation and fill placement, the site should be cleared of vegetation, sidewalks, surface obstructions, and surface soils containing organic materials. Existing utilities to remain in place (if any) should be located and protected from damage by construction activities. Obstructions that extend below the finish grade, if any, should be removed and the resulting holes filled with compacted soil. The materials generated from the clearing operations should be removed from the site and disposed of at a legal dump site. 7.1.3. Excavation Characteristics Based on our field exploration, we anticipate that excavations within the terrace deposits on site may be accomplished with heavy-duty earthmoving equipment in good working condition. The contractor should anticipate possible difficult excavations in dense cobble layers. The near surface soils may contain oversize material. The contractor should be prepared to take appropriate measures to address the presence of oversized materials. 7.1.4. Temporary Excavations We recommend that trenches and excavations be designed and constructed in accordance with Occupational Safety and Health Administration (OSHA) regulations. For planning purposes, we recommend that the existing soil be considered as OSHA soil Type C. 309681001 Rfre Evil - rev 5 GI P7 -*9 -*UUCP Bonita Canyon Sports Park Newport Beach, California September 14, 2016 Project No. 209681001 Excavations deeper than 5 feet are not anticipated at the site. However, if deeper temporary excavations are performed, we recommend that the excavation be laid back at a slope inclination no steeper than 11/2:1 (horizontal to vertical) for slopes less than approximately 10 feet high, or shored. Recommendations for temporary shoring can be provided, if requested. 7.1.5. Pickleball Court Pad Preparation In order to reduce the potential for expansive soil distress, we recommend that the ground preparation for the pickleball court pad area (and other slab -on -grade areas) include moisture conditioning of the upper approximately 18 inches of subgrade soils to approximately 2 percent above the laboratory optimum moisture content as evaluated by ASTM International (ASTM) D 1557. In fill areas, the upper 18 inches of fill should be placed at the recommended moisture content and compacted to 90 percent relative compaction. In planned cut areas, the subgrade soil should be over -excavated approximately 18 inches, moisture conditioned and then replaced as compacted fill. The limits of moisture conditioned soil should extend laterally approximately 2 feet or more beyond slab -on -grade areas. The moisture content of the subgrade soil should be maintained until the concrete is placed. 7.1.6. Fill Material In general, the on-site soils should be suitable for re -use as fill, except for oversize cobbles if encountered. On-site and import soils to be placed as fill should be free of trash, debris, roots, vegetation, contaminated material, or other deleterious materials. Fill should generally be free of rocks or hard lumps of material larger than approximately 4 inches in diameter. Rocks or hard lumps larger than about 4 inches in diameter should be broken into smaller pieces or should be removed from the site. Imported materials should consist of clean, granular material with a low expansion potential, corresponding to an expansion index of 50 or less as evaluated in accordance with ASTM D4829. Import material should be submitted to Ninyo & Moore for review prior to importing to the site. 309681001 R Geo Eve1-rev 6 /VInya, *QGre Bonita Canyon Sports Park Newport Beach, California September 14, 2016 Project No. 209681001 The corrosion potential of proposed imported soils should also be evaluated prior to importing. Low corrosivity material may be considered as having a chloride concentration of 500 parts per million (ppm) or less, a soluble sulfate content of approximately 0.20 percent (2,000 ppm) or less, and a pH value of 5.5 or higher. The contractor should be responsible for the uniformity of import material brought to the site. 7.1.7. Fill Placement and Compaction Fill soils placed should be compacted in horizontal lifts to a relative compaction of approximately 90 percent or more as evaluated by ASTM D 1557. The lift thickness for fill soils will vary depending on the type of compaction equipment used but should generally be placed in horizontal lifts not exceeding 8 inches in loose thickness. Fill soils should be placed at 2 percent above the optimum moisture content as evaluated by ASTM D 1557. Special care should be taken to avoid damage to wet and dry utility lines when compacting fill and subgrade materials. 7.1.8. Slopes In general, planned slopes should not exceed inclinations of approximately 2 to 1 (hori- zontal to vertical). Fill slopes should be constructed such that the recommended compaction is achieved to the slope face. Slopes should be appropriately vegetated to reduce the potential for erosion. 7.2. Seismic Design Considerations The 2013 California Building Code (CBC) specifies that the Risk -Targeted, Maximum Considered Earthquake (MCER) ground motion response accelerations be used to evaluate seismic loads for design of buildings and other structures. The NICER ground motion response accelerations are based on the spectral response accelerations for 5 percent damping in the direction of maximum horizontal response and incorporate a target risk for structural collapse equivalent to l percent in 50 years with deterministic limits for near - source effects. The horizontal peak ground acceleration (PGA) that corresponds to the 209681001 R Gea Evel -rev 7 ^/>n.90- Uure Bonita Canyon Sports Park Newport Beach, California September 14, 2016 Project No. 209681001 MCER for the site was calculated as 0.65g using the United States Geological Survey (USGS, 2014) seismic design tool (web -based). Design of the proposed improvements should be performed in accordance with the requirements of governing jurisdictions and applicable building codes. Table 1 presents the seismic design parameters for the site in accordance with the CBC (2013) guidelines and adjusted MCER spectral response acceleration parameters (USGS, 2014). Table 1 — 2013 California Building Code Seismic Design Criteria Seismic Design Factors Value Site Class D Site Coefficient, Fe 1.0 Site Coefficient, F, 1.5 Mapped Spectral Response Acceleration at 0.2 -second Period, Ss 1.632 g Mapped Spectral Response Acceleration at 1.0 -second Period, SI 0.595 g Spectral Response Acceleration at 0.2 -second Period Adjusted for Site Class, Sms 1.632 g Spectral Response Acceleration at 1.0 -second Period Adjusted for Site Class, SII 0.892 g Site -Specific Design Spectral Response Acceleration at 0.2 -second Period, SDs 1.088 g Site -Specific Design Spectral Response Acceleration at 1.0 -second Period, SDI 1 0.595 g 7.3. Foundations The following sections include recommendations for slab -on -grade, footing, and light pole construction, which include provisions to mitigate the expansive soil conditions. The foundation recommendations presented in this report are based on the near surface soils having a medium expansion potential. The slab -on -grade recommendations are intended for construction on compacted fill placed and moisture conditioned in accordance with the previous sections of this report. The slab -on -grade recommendations include design criteria for post -tensioned slabs and conventional slabs -on -grade. Based on discussions with the project structural engineer, we understand that typical control joints to limit concrete cracking in the pickleball courts are not allowable for the playing surface. Accordingly, the post -tensioned slab design may be more appropriate. Foundations should be designed in accordance with structural considerations and the following recommendations. 209681001 R Geo EW -rev 8 p/nya' Moore Bonita Canyon Sports Park Newport Beach, California September 14, 2016 Project No. 209681001 7.3.1. Footing Foundations Foundations for the planned retaining wall and other minor structures may be designed using a net allowable bearing capacity of 1,500 pounds per square foot (psf) for footings supported on compacted fill and/or competent terrace deposits. The allowable bearing capacity may be increased by one-third when considering loads of short duration, such as wind or seismic forces. Foundations bearing on compacted fill may be designed using a coefficient of friction of 0.30, where the total frictional resistance equals the coefficient of friction times the dead load. Foundations may be designed using a passive resistance of 250 psf per foot of depth for a level ground condition up to a value of 2,500 psf. The allowable lateral resistance can be taken as the sum of the frictional resistance and passive resistance provided the passive resistance does not exceed one-half of the total allowable resistance. The passive resistance may be increased by one-third when considering loads of short duration such as wind or seismic forces. 7.3.2. Light Pole Foundations We anticipate that light poles will be supported on drilled pier foundations. Details of the pole foundations were not available at the time of this report. The actual depth of the caissons should be evaluated when details of the poles are available. Drilled pier foundations for the proposed light poles should have a diameter of 16 inches or more and may be designed using an allowable end bearing capacity of 2,000 psf. The lateral capacity of drilled piers may be evaluated using a passive resistance of 150 psf per foot of depth, up to a value of 1,500 psf per foot of depth. The passive resistance may be considered to act on an area equal to the product of the effective width (two times the pier diameter) and the embedded length of the pier. Analysis of pole footings to resist both axial and lateral load may be designed in accordance with Section 1807.3 of the 2013 CBC for embedded posts and poles. 209681 DO R 9 )V%R!7®,- p �1®tYIF' Bonita Canyon Sports Park Newport Beach, California September 14, 2016 Project No. 209681001 7.3.3. Post -Tensioned Concrete Slabs -On -Grade Post -tensioned slabs -on -grade should be designed by the project structural engineer based on the anticipated loading conditions. The following table presents our design parameters for post -tensioned slabs considering near surface soils with a medium expansion potential in accordance with the 2013 CBC and procedures presented in the Post -Tensioning Institute's Design of Post -Tensioned Slabs on Ground (2008). m.. r.1.. a o,...a_rr—;. as Mah-nn-Grade Recommendations Parameter Value Center Lift Edge Moisture Variation Distance, em (feet) 8.6 Center Lift, y. (inches) 0.4 Edge Lift Edge Moisture Variation Distance, em (feet) 4.1 Ede Lift, yn((inches) 1.1 Sub rade Modulus, k (pounds per cubic inch) 75 Modulus of Elasticity of Soil, Es (psi) 1,000 The post -tensioned slabs should be underlain by a 4 -inch -thick capillary break (consisting of either sand or gravel) overlain by a polyethylene vapor retarder (with a thickness of 10 mils or more). The vapor retarder is recommended in areas where moisture -sensitive portions of the court are anticipated. Subgrade soils beneath the slabs shall be maintained in a moist condition until placement of concrete. In addition, the perimeter of the pickleball court slabs should have deepened edges that extend approximately 12 inches below the adjacent finish grade for uniform slabs and 18 inches below grade for non-uniform (ribbed) slabs. The thickened edge should have a width of 12 inches or more and be tapered. The deepened slab edges are intended to reduce moisture intrusion below the slabs. 7.3.4. Standard Reinforced Concrete Slabs -On -Grade Standard reinforced concrete slabs -on -grade should be designed by the project structural engineer based on the anticipated loading conditions. The slabs should be underlain by a 309681001 R Geo Ev -rev 10 /f/17.q11,*oere Bonita Canyon Sports Park Newport Beach, California September 14, 2016 Project No. 209681001 4 -inch -thick capillary break (consisting of either sand or gravel) overlain by a polyethylene vapor retarder (with a thickness of 10 mils or more). The steel reinforcement for the slabs should be placed on the vapor retarder using chairs, as appropriate. The vapor retarder is recommended in areas where moisture -sensitive surfaces on the slabs are anticipated. Soils underlying the slabs should be moisture -conditioned and compacted in accordance with the recommendations presented in this report prior to concrete placement. Joints should be constructed at intervals designed by the structural engineer to help reduce random cracking of the slabs. In addition, the perimeter of the pickleball court slabs should have deepened edges that extend approximately 12 inches below the adjacent finish grade. The thickened edge should have a width of 12 inches or more and be tapered. The deepened slab edges are intended to reduce moisture intrusion below the slabs. 7.4. Retaining Walls Retaining walls may be supported by footing foundations designed in accordance with the previous recommendations presented above. Lateral earth pressures recommended for design of yielding walls are provided on Figure 3. Retaining walls should be backfilled with free -draining, granular soil with an expansion index of 20 or less. Measures should be taken to reduce the potential for build-up of moisture behind the retaining walls. Drainage design should include free -draining backfill materials. Subsurface drain details are presented in Figure 4. 7.5. Corrosivity Laboratory testing was performed on a representative sample of near -surface soil to evaluate pH, electrical resistivity, water-soluble chloride content, and water-soluble sulfate content. The soil pH and electrical resistivity tests were performed in general accordance with California Test Method (CT) 643. Chloride content testing was performed in general accordance with CT 422. Sulfate content testing was performed in general accordance with CT 417. The laboratory test results are presented in Appendix B. 209681001 ROe Ev -rev 11 /ylnya.- ffi"U1l_ Bonita Canyon Sports Park Newport Beach, California September 14, 2016 Project No. 209681001 The soil pH was measured at approximately 7.9 and the electrical resistivity was measured to be approximately 322 ohm -centimeters. The chloride content of the sample was measured to be approximately 795 ppm. The sulfate content of the tested sample was to be approximately 0. 156 percent (1560 ppm). Based on the laboratory test results and Caltrans (2012) criteria, the project site can be classified as a corrosive site, which is defined as having earth materials with more than 500 ppm chlorides, more than 0.20 percent sulfates (i.e., 2,000 ppm), a pH of 5.5 or less, or an electrical resistivity of less than 1,000 ohm -centimeters. If corrosion susceptible improvements are planned on site, we recommend that a corrosion engineer be consulted for further evaluation and recommendations. 7.6. Concrete Placement Concrete in contact with soil or water that contains high concentrations of water-soluble sulfates can be subject to premature chemical and/or physical deterioration. Based on the CBC (2013), the potential for sulfate attack is negligible for water-soluble sulfate contents in soil ranging from 0.00 to 0.10 percent by weight, moderate for water-soluble sulfate contents ranging from 0.10 to 0.20 percent by weight, severe for water-soluble sulfate contents ranging from 0.20 to 2.00 percent by weight, and very severe for water-soluble sulfate contents over 2.00 percent by weight. The soil sample tested for this evaluation, using Caltrans Test Method 417, indicates a water-soluble sulfate content of approximately 0. 156 percent by weight (i.e., 1560 ppm). Accordingly, the on-site soils are considered to have a moderate potential for sulfate attack. Due to the moderate potential for sulfate attack and due to the potential variability of the on-site soils, consideration should be given to using Type IIN cement for the project. In order to reduce the potential for shrinkage cracks in the concrete during curing, we recommend that the concrete for the proposed courts be placed with a slump of 4 inches based on ASTM C 143. The slump should be checked periodically at the site prior to concrete placement. We further recommend that concrete cover over reinforcing steel for the 20968 100 1 R Geo Evil -rev 12 p/17h10&*uore Bonita Canyon Sports Park Newport Beach, California September 14, 2016 Project No. 209681001 courts be provided in accordance with CBC (2013). The structural engineer should be consulted for additional concrete specifications. 7.7. Drainage Positive surface drainage is imperative for satisfactory site performance. Positive drainage should be provided and maintained to channel surface water away from the improvements and off-site. Positive drainage is defined as a slope of two percent or more for a distance of 5 feet or more away from foundations and tops of slopes. Runoff should then be transported by the use of swales or pipes into a collective drainage system. Surface waters should not be allowed to pond adjacent to the courts or on pavements. Area drains for landscaped and paved areas are recommended. 8. CONSTRUCTION OBSERVATION The recommendations provided in this report are based on our understanding of the proposed project and on our evaluation of the data collected based on subsurface conditions disclosed by widely spaced exploratory borings. It is imperative that the interpolated subsurface conditions be checked by our representative during construction. Observation and testing of compacted fill and backfill should also be performed by our representative during construction. We further recommend that the project plans and specifications be reviewed by this office prior to construction. It should be noted that, upon review of these documents, some recommendations presented in this report might be revised or modified. During construction, we recommend that the duties of the geotechnical consultant include, but not be limited to: • Observing clearing, grubbing, and removals. • Observing excavation bottoms and the placement and compaction of fill. • Evaluating imported materials prior to their use as fill. • Performing field tests to evaluate fill compaction. • Observing foundation excavations for bearing materials and cleaning prior to placement of reinforcing steel or concrete. 209681001 R Gxa Evel -rev 13 /V117a, *QQre Bonita Canyon Sports Park September 14, 2016 Newport Beach, California Project No. 209681001 The recommendations provided in this report assume that Ninyo & Moore will be retained as the geotechnical consultant during the construction phase of this project. If another geotechnical consultant is selected, we request that the selected consultant indicate to the City of Newport Beach and to our firm in writing that our recommendations are understood and that they are in full agreement with our recommendations. 9. LIMITATIONS The field evaluation, laboratory testing, and geotechnical analyses presented in this geotechnical report have been conducted in general accordance with current practice and the standard of care exercised by geotechnical consultants performing similar tasks in the project area. No warranty, expressed or implied, is made regarding the conclusions, recommendations, and opinions presented in this report. There is no evaluation detailed enough to reveal every subsurface condition. Variations may exist and conditions not observed or described in this report may be encountered during construction. Uncertainties relative to subsurface conditions can be reduced through additional subsurface exploration. Additional subsurface evaluation will be performed upon request. Please also note that our evaluation was limited to assessment of the geotechnical aspects of the project, and did not include evaluation of environmental concerns or the presence of hazardous materials. This document is intended to be used only in its entirety. No portion of the document, by itself, is designed to completely represent any aspect of the project described herein. Ninyo & Moore should be contacted if the reader requires additional information or has questions regarding the content, interpretations presented, or completeness of this document. This report is intended for design purposes only. It does not provide sufficient data to prepare an accurate bid by contractors. It is suggested that the bidders and their geotechnical consultant perform an independent evaluation of the subsurface conditions in the project areas. The independent evaluations may include, but not be limited to, review of other geotechnical reports prepared for the adjacent areas, site reconnaissance, and additional exploration and laboratory testing. 20968M R E,e - 14 Bonita Canyon Sports Park Newport Beach, California September 14, 2016 Project No. 209681001 Our conclusions, recommendations, and opinions are based on an analysis of the observed site conditions. If geotechnical conditions different from those described in this report are encountered, our office should be notified, and additional recommendations, if warranted, will be provided upon request. It should be understood that the conditions of a site could change with time as a result of natural processes or the activities of man at the subject site or nearby sites. In addition, changes to the applicable laws, regulations, codes, and standards of practice may occur due to government action or the broadening of knowledge. The findings of this report may, therefore, be invalidated over time, in part or in whole, by changes over which Ninyo & Moore has no control. This report is intended exclusively for use by the client. Any use or reuse of the findings, conclusions, and/or recommendations of this report by parties other than the client is undertaken at said parties' sole risk. 209681001 R Geo Eval -rev 15JV/17,90-*Uarm Bonita Canyon Sports Park September 14, 2016 Newport Beach, California Project No. 209681001 10. REFERENCES American Concrete Institute, 2014, Building Code Requirements for Structural Concrete (ACI 318-14) and Commentary (ACI 318R-14). American Concrete Institute (ACI), 2016, ACI Manual of Concrete Practice. American Society of Civil Engineers (ASCE), 2010, Minimum Design Loads for Building and other Structures, Standard 7-10. ASTM International (ASTM), 2016, Annual Book of ASTM Standards, West Conshohocken, Pennsylvania. Bowles, J.E., 1996, Foundation Analysis and Design, Fifth Edition, The McGraw-Hill Companies, Inc. California Building Standards Commission, 2013, California Building Code: California Code of Regulations, Title 24, Part 2, Volumes I and 2, based on the 2012 International Building Code. California Department of Transportation, 2012, Corrosion Guidelines, Version 2.0, dated November. California Department of Transportation, 2016, Caltrans ARS Online (V2.3.07), http://dap3.dot.ca.gov/ARS_Online/. California Geological Survey, State of California, 1998, Maps of Known Active Fault Near - Source Zones in California and Adjacent Portions of Nevada: International Conference of Building Officials, dated February. California Geological Survey, State of California, 1998, Seismic Hazard Zones Official Map, Tustin Quadrangle, 7.5 -Minute Series: Scale 1:24,000, Open -File Report 97-20, dated April 15. California Geological Survey, State of California, 2001, Seismic Hazard Evaluation of the Tustin 7.5 -Minute Quadrangle, Orange County, California: Open -File Report 97-20. California Geological Survey, State of California, 2001, Seismic Hazard Zones Map Official Revised Map, Tustin Quadrangle, 7.5 -Minute Series: Scale 1:24,000, Open -File Report 97-20, dated January 17. Federal Emergency Management Agency, 2009, FEMA Flood Map Service Center, Map Numbers 06059CO29IJ and 06059CO292J, http://msc.fema.gov/portal/search?Address Query=iryine%20va l l ey%20co l le ge#searchresultsanchor Google, 2016, Website for Viewing Aerial Photographs, http://maps.google.com/. Hart, E.W., and Bryant, W.A., 1997, Fault -Rupture Hazard Zones in California, Alquist-Priolo Earthquake Fault Zoning Act with Index to Earthquake Fault Zone Maps: California Geological Survey, Special Publication 42, with Supplements 1 and 2 Added in 1999. Historical Aerials, 2016, Website for Viewing Aerial Photographs, www.historicaerials.com. 309681001 RG o Evo1-rev 16 JY*7ya,*nure Bonita Canyon Sports Park September 14, 2016 Newport Beach, California Project No. 209681001 Jennings, C.W., and Bryant, W.A., 2010, Fault Activity Map: California Geological Survey, California Geologic Data Map Series, Map No. 6, Scale 1:750,000. Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and Southern California Districts of the Associated General Contractors of California, 2015, "Greenbook," Standard Specifications for Public Works Construction: BNI Building News, Los Angeles, California. Miller, R.V., and Tan, S.S., 1976, Geology and Engineering Geologic Aspects of the South Half Tustin Quadrangle, Orange County, California: California Geological Survey Special Report 126, Scale 1:12,000. Morton, D.M., 2004, Preliminary Digital Geologic Map of the Santa Ana 30'x 60' Quadrangle, Southern California, Version 2.0: United States Geological Survey, Open -File Report 99-172, Scale 1:100,000. Morton, P.K., Miller, R.V., 1981, Geologic Map of Orange County, California, Showing Mines and Mineral Deposits: California Geological Survey, Bulletin 204, Scale 1:48,000. Naval Facilities Engineering Command (NAVFAC), 1982, Foundations and Earth Structures Design Manuals, dated May. Ninyo & Moore, 2015, Proposal for Geotechnical Consulting Services, Proposed Pickleball Courts, Bonita Canyon Sports Park, Newport Beach, California, Proposal No. 04-00359, dated June 22. Ninyo & Moore, In -House Proprietary Information. Norris, R.M., and Webb, R.W., 1990, Geology of California, Second Edition: John Wiley & Sons. Post -Tensioning Institute, 2008, Design of Post -Tensioned Slabs on Gorund, 3`d Edition, dated May. Post -Tensioning Institute, 2008, Standard Requirements for Analysis of Shallow Concrete Foundations on Expansive Soils, dated May. Sprotte, E.C., Fuller, D.R., Greenwood, R.B., and Mumm, H.A., 1980, Classification and Mapping of Quaternary Sedimentary Deposits For Purposes of Seismic Zonation, South Coastal Los Angeles Basin, Orange County, California: California Geological Survey Open File Report 80-19, Scale 1:48,000. Stantec, 2016, Site Plan — 50% Submittal, Bonita Canyon Park Pickleball Courts, dated July 26. State of California, County of Orange, 2009, Tsunami Inundation Map for Emergency Planning, Newport Beach Quadrangle, Scale 1:48,000. State of California, State Water Resources Control Board, 2016, GeoTracker Database System, http://geotracker.swrcb.ca.gov/. State of California, State Water Resources Control Board, 2016, Water Data Library, http://www.water.ca.gov/waterdatalibrary/. 209681001 R Gea Eve] - rev 17 /r♦//nb1,9- QQre Bonita Canyon Sports Park September 14, 2016 Newport Beach, California Project No. 209681001 United States Geological Survey, 2008, National Seismic Hazard Maps - Fault Parameters, http://geohazards.usgs.gov/cfusion/hazfaults—search/hf search—main.cfm. United States Geological Survey, 2014, US Seismic Design Maps, US Seismic Design Maps Ground Motion Calculator — Version 3.1.0; http://geohazards.usgs.gov/designmaps/ us/application.php. United States Geological Survey, 2015, Tustin, California Quadrangle Map, 7.5 Minute Series: Scale 1:24,000. AERIAL PHOTOGRAPHS Source Date Flight Numbers Scale USDA 11-18-52 AXK-15 43 and 44 1: 20,000 309681001 ft Geo Eva[ -rev 18 #Jnya, *QQr% „:/: ^ I aQ•i � � vel _ '�:1.• \\EAS\� � p LTASOtlO f / _ )� 1• I / A Interior. In, to 'E`p[LTAs~\ ONS NEWPORT.rBIEACHaA” \ BISON AVE t a `u�'\,• .A r9t` -'�^\ AI ( L �- �Cl I l�-lam _ •)J \ \ ,15�-''?�` •�°j;'"` 1.. 1>// SITEmm .l) J Big NtG�O OH pBVaYon ✓/�� TA C;NypH •\� \ r �1 -Nor\th`Sfar \ \� EORO ft6 55 y��"LdO u. APBFY.P r�� l T� rtf .rBeach r �f'`'�F OORNES$'�,L7 .2�0\\�. /B'�C9'!"Yp `` ' �Z Q�` Blg n9o0GNN�p...-I 19 .Cayon pJ n < 0: 5n �� � 1 v /�� / �, `--( � •�iSPa (Y4frrr Coq I _� I IT CAPITAq\' Community Pacific Cottege r View vik 5r<'��N a�) / ` .r�/ Qo •�0INp'� Memorial Pdtk"� z SORT - i f `� cT i V'NLTE USGS TOPOGRAP-.G UAP OF IAGJNA 3-ACH, \E'N. GR' 3EAT .. ,,. _.._-3RINIA OUADRANGLS, DATED 20'5, SCA_E 1 2A000. N SCALE IN FEET 0 2,000 4,000 NOTE: PMENSIONS, DIREOTICNS AND LCCATONS ARE APPROXIMATE nre SITE LOCATION FIGURE PROJECT NO. DATE BONITA CANYON SPORTS PARK PICKLEBALL COURTS 1990 FORD ROAD 209681001 9116 NEWPORT BEACH, CALIFORNIA I m ------ ---- dL F w W Z 0 0 No %OZILOISO Xvo:n 6mvie-wommoz ITJ W LLz ti O 'o 00 z N W m ------ ---- dL F w W Z 0 0 No %OZILOISO Xvo:n 6mvie-wommoz RETAINING WALL 2 "r RESULTANT T��\ i3ACC PP D/3 i PASSIVE PRESSURE NOTES: 1. ASSUMES NO HYDROSTATIC PRESSURE BUILD-UP BEHIND THE RETAINING WALL 2. STRUCTURAL, GRANULAR BACKFILL MATERIALS AS SPECIFIED IN GREENBOOK SHOULD BE USED FOR RETAINING WALL BACKFILL 3. DRAINS AS RECOMMENDED IN THE RETAINING WALL DRAINAGE DETAIL SHOULD BE INSTALLED BEHIND THE RETAINING WALL 4. SURCHARGE PRESSURES CAUSED BY VEHICLES OR NEARBY STRUCTURES ARE NOT INCLUDED 5. H AND D ARE IN FEET IF IS LESS THAN 12 FEET) 6. SETBACK SHOULD BE IN ACCORDANCE WITH FIGURE 1808.7 OF THE CBC (2013) NO' rO SCALE /�/inyo�/�nore PROJECT NO. DATE 209681001 9/16 -MSHE, 'RAOL RESULTANT ------------- H/3 i Pa ACTIVE PRESSURE RECOMMENDED GEOTECHNICAL DESIGN PARAMETERS Lateral Earth Equivalent Fluid Pressure (Ib/ft'/ft)01 Pressure Level Backfill 2H:1 V Sloping Backfill P with Granular Soils 0 with Granular Sols Rl 37H 57H Level Ground 2HAV Descending Ground P 250D 90D H LATERAL EARTH PRESSURES FOR FIGURE YIELDING RETAINING WALLS BONITA CANYON SPORTS PARK PICKLEBALL COURTS 1990 FORD ROAD NEWPORT BEACH, CALIFORNIA RETAINING WALL SOIL BACKFILL COMPACTED TO 90% RELATIVE COMPACTION 12 INCHES 3/4 -INCH OPEN -GRADED GRAVEL WRAPPED IN AN APPROVED GEOFABRIC. 4 -INCH -DIAMETER PERFORATED SCHEDULE 40 PVC PIPE OR EQUIVALENT INSTALLED WITH PERFORATIONS DOWN; 1% GRADIENT OR MORE TO A SUITABLE OUTLET *BASED ON ASTM D1557 NOF FO SCALE NOTE: AS AN ALTERNATIVE, AN APPROVED GEOCOMPOSITE DRAIN SYSTEM MAY BE USED /v�RyO&�UUre � 1 W BONITA CANYON SPORTS PARK PICKLEBALL COURTS 1 1 1 1 Q 209681001 1 1 ) FINISHED GRADE 1 1 j 1 GEOFABRIC 1 1 1 1 1 1 6INCHES OR MORE-- � 1 1 1 1 ------- -- 3INCHES WALL FOOTIN 4 -INCH -DIAMETER PERFORATED SCHEDULE 40 PVC PIPE OR EQUIVALENT INSTALLED WITH PERFORATIONS DOWN; 1% GRADIENT OR MORE TO A SUITABLE OUTLET *BASED ON ASTM D1557 NOF FO SCALE NOTE: AS AN ALTERNATIVE, AN APPROVED GEOCOMPOSITE DRAIN SYSTEM MAY BE USED /v�RyO&�UUre RETAINING WALL DRAINAGE DETAIL FIGURE PROJECT NO. DATE BONITA CANYON SPORTS PARK PICKLEBALL COURTS 1990 FORD ROAD 209681001 9/16 NEWPORT BEACH, CALIFORNIA Bonita Canyon Sports Park Newport Beach, California APPENDIX A BORING LOGS were September 14, 2016 Project No. 209681001 methods. Bulk Samples Bulk samples of representative earth materials were obtained from the exploratory borings. The samples were bagged and transported to the laboratory for testing. The Standard Penetration Test (SPT) Sampler Disturbed drive samples of earth materials were obtained by means of a Standard Penetration Test sampler. The sampler is composed of a split barrel with an external diameter of 2 inches and an unlined internal diameter of 13/8 inches. The sampler was driven into the ground 12 to 18 inches with a 140 -pound hammer falling freely from a height of 30 inches in general accordance with ASTM International (ASTM) D 1586. The blow counts were recorded for every 6 inches of penetration; the blow counts reported on the logs are those for the last 12 inches of penetration. Soil samples were observed and removed from the sampler, bagged, sealed, and transported to the laboratory for testing. were obtained in the field using the following method. The Modified Split -Barrel Drive Sampler The sampler, with an external diameter of 3 inches, was lined with 1 -inch -long, thin brass rings with inside diameters of approximately 2.4 inches. The sample barrel was driven into the ground with the weight of a hammer or the kelly bar of the drill rig in general accordance with ASTM D 3550. The driving weight was permitted to fall freely. The approximate length of the fall, the weight of the hammer or bar, and the number of blows per foot of driving are presented on the boring logs as an index to the relative resistance of the materials sampled. The samples were removed from the sample barrel in the brass rings, sealed, and transported to the laboratory for testing. 209681001 R Geo Evil - rev piW7ff8- (goore SOIL CLASSIFICATION CHART PER ASTM D 2488 GRAIN SIZE CONSISTENCY - FINE-GRAINED SOIL IMAWMIRSIONS SPOOLING CABLE OR CATHEAD AUTOMATIC TRIP HAMMER SPOOLING CABLE PRIMARY DIVISIONS HAMMER GROUPSYMBOL GROUP a a 1i Boulders > 12' > 12" Largerthan basketball -sized CLEAN GRAVEL less than 5% fines r0a. GW well -graded GRAVEL ,•• •y;' GP poorly graded GRAVEL <_4 '3 55 Very Soft <2 GRAVEL more than 50% Of coarse traction retained on GRAVEL with DUAL CLASSIFICATIONS 5% to 12% fines L GW -GM well -graded GRAVEL with silt Cobbles 3-12" 3-12' Fietbaetl to baskkFist -sized z r,�a- GP -GM poorly graded GRAVEL with silt 1-3 Coarse 3/4-3" 3/4-3" Thumb -sized to fist -sized GW -GC well -graded GRAVEL with Gay �� Y'yy; GP -GC poorly grade GRAVEL with clay Gravel 4-6 11-30 22-63 8-20 15-42 No. 4 sieve 9-15 Fine #4 - 3/4" 0.19 - 0.75" Pea-sized to thumb -sized GRAVEL with GM silty GRAVEL COARSE- GRAINED SOILS 43-70 FINES more than 12% fines �� GC SY clayey GRAVEL 11-20 Coarse #10-#4 0.079-0.19" Rock -salt -sized to pea-sized > 70 GC -GM silty, clayey GRAVEL more than > 20 > 26 50% retained on No. 200 CLEAN SAND less than 5% fines SW well -graded SAND Sand Medium Ir40-#10 0.017-0.079" Sugar -sized to rock -salt -sized SP poorly graded SAND sieve SW -SM well -graded SAND with sillFine #200-#40 0.0029- 0.017' Flour -sized to sugar -sized SP -SM poorly graded SAND with silt SAND 50% or more SAND with DUAL of coarse fraction CLASSIFICATIONS 5% to 12% fines SW -SC well -graded SAND with clay Fines Passing #200 <0.0029' Flour -sized and smaller SO SC poody graded SAND with clay passes Na. 4 sieve i€ SM silty SAND PLASTICITY CHART SAND with FINES ,,,,,; more than ?,:+,; SC clayey SAND 12% fines SC -SM silty, clayey SAND 70 CL lean CLAY v` 60 GRAINED SOILS 50% orCH FINE-13.fl� No. 200 sieve SILT and CLY liquidAmit less than 50% INORGANIC ? ML SILT 50 x CH or OH CL -ML silty CLAY i 40 — OL(PI>4) organic CLAY y 30 CL or OL MH or OH OL(PI<4) organic SILT20 SILT antlMH limit 50%or moreabove'A'-lineiOH(plots fat CLAYmorepasses elastic SILT 0. 7 4CLAYliquid OH (plots on or organic CLAY 0 0 10 20 30 40 50 60 70 80 90 100 LIMIT(LL),% oelow A -linesHighly organic SILTLIQUID PT Peat APPARENT DENSITY - COARSE-GRAINED SOIL CONSISTENCY - FINE-GRAINED SOIL SPOOLING CABLE OR CATHEAD AUTOMATIC TRIP HAMMER SPOOLING CABLE OR CATHEAD AUTOMATIC TRIP HAMMER •58 Very Loose <_4 '3 55 Very Soft <2 <3 <1 12 Loose 5-10 9-21 4-7 6-14 Soft 2-4 3-5 1-3 2-3 Medium Firm 5-8 6-10 4-5 4-6 11-30 22-63 8-20 15-42 Stiff 9-15 11-20 6-10 7-13 Dense Dense 31-50 64-105 21-33 43-70 Very Stiff 16-30 21-39 11-20 14-26 Very Dense > 50 > 105 > 33 > 70 Hard > 30 139 > 20 > 26 *Wya&ffinure USCS METHOD OF SOIL CLASSIFICATION 11 Explanation of USCS Method of Sol[ Classification 11 w Q. E o E s BORING LOG EXPLANATION SHEET O w N y ax o d "51 to W = 3 p K U p Bulk sample. Modified split-barrel drive sampler. No recovery with modified split-barrel drive sampler. Sample retained by others. Standard Penetration Test (SPT). 5 No recovery with a SPT. xxxx Shelby tube sample. Distance pushed in inches/length of sample recovered in inches. No recovery with Shelby tube sampler. Continuous Push Sample. Seepage. t0 Q Groundwater encountered during drilling. s Groundwater measured after drilling. SM MAJOR MATERIAL TYPE (SOIL): Solid line denotes unit change. -- -- -- --- CL ---...-------- Dashed line denotes material change. Attitudes: Strike/Dip b: Bedding c: Contact 15 j: Joint f: Fracture F: Fault cs: Clay Seam s: Shear bss: Basal Slide Surface sf: Shear Fracture sz: Shear Zone sbs: Shear Bedding Surface The total depth line is a solid line that is drawn at the bottom of the boring. BORING LOG #117 p«�OO�� Explanation ofBoring Log Symbols PROJECTNO. I DATE FIGURE N Lu -� DATE DRILLED 8/12/16 BORING NO. B-1 a � U Z w N ~ a 0 GROUND ELEVATION 199'3(MSL) SHEET 1 OF I 8 w ¢vi Z 3 m F z g N METHOD OF DRILLING 8" Hollow-Stem Auger (J&H Drilling) Lo m w ° } N� ¢ > > O DRIVE WEIGHT 140 lbs. (Auto. Trip Hammer) DROP 30" ° SAMPLED BY SCM LOGGED BY scM REVIEWED BY DESCRIPTION/INTERPRETATION DEPOSITS: SC 'Dark brown, moist, stiff, clayey SILT;—few gravel; rootlets._ _ _ — — _ _ Yellowish brown, moist, medium dense, clayey SAND; fine to medium sand; few gravel; _ _ _ oxidation staining; cla_ystone fragments; contains tenses of sandy clay. _ _ _ _ _ _ SM Reddish brown, moist, medium dense, silty SAND; very fine sand; trace gravel. 16 12,9 107.1 SC Reddish brown, moist, medium dense, clayey SAND; trace gravel; mottled dark brown. sM Reddish yellow, moist, medium dense, silty SAND; fine sand; trace gravel; oxidation 27 122 939 staining. to- 44. Yellowish brown; dense; increasing sand content. Sp-SM Light brown, dry to moist, dense, poorly graded SAND with silt; fine sand. 24 Total Depth = 16.5 feet. Groundwater was not encountered during drilling. Backfilled with on-site soil on 8/12/16. 20 Notes: Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents. 30 40 BORING LOG BOMT PICKLEBALL CALIFORNIAOURTS /v07 **ore 1990 FORD ROAD, NEWPORT BEACH, CALIF PROJECT NO. DATE FIGURE 209681001 1 9/16 1 A-1 U) Lu DATE DRILLED 8/12/16 BORING NO. B-2 a � LL U Z w y 8 a Q GROUND ELEVATION 197'±(MSL) SHEET I OF I w o ¢vi U. F v� zo g N METHOD OF DRILLING 8" Hollow -Stem Auger(1&H Drilling) a W SU Z > m vi 7 i m ¢ DRIVE WEIGHT 140 lbs. (Auto. Trip Hammer) DROP 30" mC1 K U 0 SAMPLED BY SCM LOGGED BY SCM REVIEWED BY DESCRIPTION/INTERPRETATION 0 — — — — — TERRACE DEPOSITS: _ML SC 'Park brown, moist, very stiff, clayey SILTLfew gravel, few organics.— _ _ _ _ _ _ Yellowish brown, moist, medium dense, clayey SAND; fine to medium sand; few cobbles; few gravel; oxidation staining; claystone fragments; contains lenses of sandy clay. gM Bluish gray, moist, medium dense, silty SAND; veryfine sand; few gravel; oxidation 16 10.8 104 6 _ _ _ _ _ stamp; contains lenses of sandy silt _ _ _ __ _ _ _ _ CL Brown, moist, very stiff, lean CLAY; pinhole voids; mottled light brown. 12 SM Yellowish brown, moist, medium dense, clayey SAND; fine sand; pinhole voids; t0 oxidation veins. 20 29 Light brown; dense; increasing in sand content. Total Depth = 16.5 feet. Groundwater was not encountered during drilling. Backfilled with on-site soil on 8/12/16. 20 Notes: Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents. 30 40 BORING LOG BONITACAN PARK BALL COURTS 990FORDROAD,NE NEWPORT BEACH, #117o&Moore 1990 FORD ROAD,NEWPORTBEACH, PROJECT NO. DATE FIGURE 209681001 9/16 1 A-2 Bonita Canyon Sports Park Newport Beach, California APPENDIX B LABORATORY TESTING September 14, 2016 Project No. 209681001 Classification Soils were visually and texturally classified in accordance with the Unified Soil Classification System (USCS) in general accordance with ASTM D 2488. Soil classifications are indicated on the logs of the exploratory boring in Appendix A. In -Place Moisture and Density Tests The moisture content and dry density of relatively undisturbed samples obtained from the exploratory borings were evaluated in general accordance with ASTM D 2937. The test results are presented on the logs of the exploratory borings in Appendix A. 200 Wash An evaluation of the percentage of minus -200 sieve material in selected soil samples was performed in general accordance with ASTM D 1140. The results of the tests are presented on Figure B -l. Atterbere Limits Tests were performed on selected representative fine-grained soil samples to evaluate the liquid limit, plastic limit, and plasticity index in general accordance with ASTM D 4318. The test results were utilized to evaluate the soil classification in accordance with the Unified Soil Classification System (USCS). The test results and classifications are shown on Figure B-2. Expansion Index Tests The expansion index of a selected representative soil sample was evaluated in general accordance with Uniform Building Code (UBC) Standard No. 18-2 (ASTM D 4829). A specimen was molded under a specified compactive energy at approximately 50 percent saturation (plus or minus 1 percent). The prepared 1 -inch thick by 4 -inch diameter specimen was loaded with a surcharge of 144 pounds per square foot and was inundated with tap water. Readings of volumetric swell were made for a period of 24 hours. The results of the tests are presented on Figure B-3. Soil Corrosivity Tests Soil pH and minimum resistivity tests were performed on a representative soil sample in general accordance with California Test (CT) 643. The chloride content of the selected sample was evaluated in general accordance with CT 422. The sulfate content of the selected sample was evaluated in general accordance with CT 417. The test results are presented on Figure B-4. 209681001 R Geo Eval -rev JVIn.gfl-*oore SAMPLE LOCATION SAMPLE DEPTH (FT) DESCRIPTION PERCENT PASSING NO.4 PERCENT PASSING NO. 200 USCS (TOTAL SAMPLE B-2 0.0-3.0 CLAYEY SAND 100 37 SC B-2 5.0-6.5 SILTY SAND 94 40 SM PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 1140 /finyo&*Qllr% NO. 200 SIEVE ANALYSIS FIGURE PROJECT NO. DATE BONITA CANYON SPORTS PARK PICKLEBALL COURTS 1990 FORD ROAD NEWPORT BEACH, CALIFORNIA R _1 v 209681001 9/16 209681001 F,g B 200,WASH B-2 SYMBOL LOCATION DEPTH (FT) LIQUID LIMIT, LL PLASTIC LIMIT, PL PLASTICITY INDEX, PI USCS CLASSIFICATION (Fraction Finer Than No. 40 Sieve) USCS (Entire Sample) • B-1 5.5-6.5 25 16 9 CL SC ■ B-2 0.0-3.0 26 15 11 CL SC NP - INDICATES NON -PLASTIC IYd 50 FL X 40 z F 30 U N g 20 a ml Ills mmmmmm OEM mmmmm�*WE NEEMENEWEE Noff. • OMENE■II MEN■ 0 10 20 30 40 50 60 70 80 90 100 LIQUID LIMIT, LL PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 4318 f f1flyO&/rOUre ATTERBERG LIMITS TEST RESULTS PROJECT NO. DATE BONITA CANYON SPORTS PARK PICKLEBALL COURTS 1990 FORD ROAD NEWPORT BEACH, CALIFORNIA 203681001 9/16 N%81001 Fig BF2 A7ERBERG 8-1-8.2 FIGURE B-2 SAMPLE LOCATION SAMPLE DEPTH (FT) INITIAL MOISTURE (%) COMPACTED DRY DENSITY (PCF) FINAL MOISTURE N VOLUMETRIC SWELL (IN) EXPANSION INDEX POTENTIAL EXPANSION B-2 0.0-3.0 11.7 103.4 24.1 0.040 40 Low PERFORMED IN GENERAL ACCORDANCE WITH /�/inya&/Moore PROJECT NO. I DATE 2981001 Fp 83 EXPANSION BQ 0030 ❑ UBC STANDARD 18-2 ❑ ASTM D 4829 EXPANSION INDEX TEST RESULTS BONITA CANYON SPORTS PARK PICKLEBALL COURTS 1990 FORD ROAD NEWPORT BEACH, CALIFORNIA FIGURE B-3 SAMPLE LOCATION SAMPLE DEPTHRESISTIVITY' (FT) PH1 (Ohm -cm) SULFATE CONTENT' CHLORIDE CONTENT' (ppm) (ppm) (�) 6-2 00 3 0 7.9 322 1560 0.156 795 1 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 643 2 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 417 ' PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 422 #%/I/JO&MQOCe CORROSIVITY TEST RESULTS FIGURE PROJECT NO. DATE BONITA CANYON SPORTS PARK PICKLEBALL COURTS 1990 FORD ROAD B-4 209661001 9116 NEWPORT BEACH, CALIFORNIA 2 0 9 6 010 01 Fig 84 CCRRO IVIW B-200.30 jvn CFO & MTM January 27, 2017 Project No. 209681001 Mr. Jeffrey Wilkerson Stantec 46 Discovery, Suite 250 Irvine, California 92618 Subject: Supplemental Geotechnical Recommendations Bonita Canyon Sports Park Pickleball Courts 1990 Ford Road Newport Beach, California References: Ninyo & Moore, 2016, Geotechnical Evaluation, Bonita Canyon Sports Park Pickleball Courts, 1990 Ford Road, Newport Beach, California, dated September 14. Dear Mr. Wilkerson: In accordance with your request, we have prepared this letter providing supplementary geotech- nical recommendations for the proposed pickleball courts located at Bonita Canyon Sports Park at 1990 Ford Road in Newport Beach, California. We previously prepared the referenced ge- otechnical evaluation report for the project dated September 14, 2016. Our previous geotechnical evaluation included two exploratory borings on site. The borings encountered interbedded poorly graded sand, silty sand, clayey sand, and clayey silt with a few interbeds of clay. Based on the presence of clayey interbeds on site, we provided recommendations for post -tensioned concrete slabs -on -grade considering near -surface soils with a medium expansion potential. Per your re- quest, this letter provides supplemental recommendations for selective grading and post - tensioned concrete slabs -on -grade considering near -surface soils with a low expansion potential. SELECTIVE GRADING In order to utilize a post -tensioned slab designed for low -expansion potential soil, selective grad- ing should be performed to separate clayey expansive soil for disposal off site. During site grading, clay and clayey silt soil should be segregated from sandy soil and stockpiled for off-site disposal. The geotechnical consultant should be on site at the time of grading to evaluate the ma - 475 (,odd, Sete too n me. ,i fornia 92518 Phone V 91 753 701-0 Far W91 753 7071 Bonita Canyon Sports Park January 27, 2017 Newport Beach, California Project No. 209681001 terials with regard to expansion potential. Laboratory testing of representative samples should be performed during grading to evaluate expansion potential. Materials should be evaluated within 2 feet of the finish pad subgrade elevation. Exploratory test pits may be appropriate to evaluate materials in cut areas of the pad. If not enough soil with a low expansion index is available at the site for subgrade preparation, low expansion granular material may need to be imported. For preliminary estimating purposes, it should be assumed that approximately 1/3 of the material will need to be imported. The actual quantity of imported material is subject to change during construction. Imported fill material, if used, should also consist of clean, granular material with a low expan- sion potential, corresponding to an expansion index of 50 or less. The soil should also be tested for corrosive properties prior to importing. We recommend that the imported materials satisfy the Caltrans (2012) criteria for non -corrosive soils (i.e., soils having a chloride concentration of 500 parts per million [ppm] or less, a soluble sulfate content of approximately 0.20 percent (2,000 ppm) or less, a pH value of 5.5 or higher, or an electrical resistivity of 1,000 ohm -centimeters or more). The contractor should be responsible for the uniformity of im- port material brought to the site. Apart from the selective grading recommendations presented in this letter, the earthwork recom- mendations presented in our previous geotechnical report for the project remain applicable. POST -TENSIONED CONCRETE SLABS -ON -GRADE Post -tensioned slabs -on -grade should be designed by the project structural engineer based on the anticipated loading conditions. The following table presents our design parameters for post - tensioned slabs considering near surface soils with a low expansion potential (after selective grading) in accordance with the 2013 CBC and procedures presented in the Post -Tensioning In- stitute's Design of Post -Tensioned Slabs on Ground (2008). z /�Nnyas/r�oo�e 309681001 L Supp Cm Bonita Canyon Sports Park Newport Beach, California January 27, 2017 Project No. 209681001 Table I — Post -Tensioned Concrete Slab -On -Grade Recommendations Parameter Value Center Lift Ede Moisture Variation Distance, em (feet) 9.0 Center Lift, ym (inches) 0.3 Edge Lift Edge Moisture Variation Distance, em (feet) 4.6 Ede Lift, y. (inches) 0.6 Subgrade Modulus, k(pounds per cubic inch 75 Modulus of Elasticity of Soil, Es (psi) 1,000 The post -tensioned slabs should be underlain by a 4 -inch -thick capillary break (consisting of ei- ther sand or gravel) overlain by a polyethylene vapor retarder (with a thickness of 10 mils or more). The vapor retarder is recommended in areas where moisture -sensitive portions of the court are anticipated. Subgrade soils beneath the slabs shall be maintained in a moist condition until placement of concrete. In addition, the perimeter of the pickleball court slabs should have deepened edges that extend approximately 12 inches below the adjacent finish grade for uniform slabs and 18 inches below grade for non-uniform (ribbed) slabs. The thickened edge should have a width of 12 inches or more and be tapered. The deepened slab edges are intended to reduce moisture intrusion below the slabs. CONSTRUCTION OBSERVATION It is imperative that the geotechnical consultant checks the subsurface conditions during construction and inspects the selective grading operations. We recommend that the geotechnical consultant review the project plans and specifications prior to construction. It should be noted that, upon review of these documents, some recommendations presented in this report may be revised or modified. During construction, we recommend that the duties of the geotechnical consultant include, but not be limited to: 3 /fjUnyos/t�►oo�e 309681001 L Supp Gm Bonita Canyon Sports Park Newport Beach, California January 27, 2017 Project No. 209681001 • Observing clearing, grubbing, and removals. • Observing excavation, placement, and compaction of fill. • Observing the selective grading operations. • Evaluating existing excavated material and/or imported materials prior to their use as fill. • Performing additional characterization testing and expansion index testing of the subgrade soil. • Performing field tests to evaluate fill compaction. • Observing foundation excavations for bearing materials and cleaning prior to placement of reinforcing steel or concrete. • Performing material testing services including concrete compressive strength and steel tensile strength tests and inspections. The services presented in this geotechnical report have been conducted in general accordance with current practice and the standard of care exercised by geotechnical consultants performing similar tasks in the project area. No warranty, expressed or implied, is made regarding the con- clusions, recommendations, and opinions presented in this report. We appreciate the opportunity to provide services on this project. Respectfully submitted, NINYO & MOORE Spencer Marcinek, PE Project Engineer SCM/LTJ/DBC/mlc Distribution: (1) Addressee (via e-mail) Daniel B. Chu, PhD, PE, GE Chief Geotechnical Engineer a /t�lnya3/Noore 2ae6e1001 i Supp c� ANTI -GRAFFITI COATING PART 1 -GENERAL 1.01 Anti -Graffiti Coating Summary: A. Description: This section includes the application of graffiti resistant coatings to protect above grade, vertical masonry and concrete surfaces. "Coatings" as used herein means all graffiti resistant coating system materials, including base coatings and top coatings required to achieve the performance requirements of this section. a. Included: Clear (transparent) graffiti resistant coating ii. Water repellant sealer 1.02 References: A. ASTM D 2369-92 — Test method for volatile organic content of coatings. B. ASTM D 3960-93 — Practice for volatile organic compound (VOC) content of paints and related coatings. 1.03 Submittals: A. Product Data: In accordance with the provisions of submittal section, submit complete manufacturer's literature and specifications, include complete lists of materials proposed for use, giving the manufacturers name, product numbers, and product information sheets for each specific item. Submit description for protection of surrounding areas and non -masonry surfaces, surface preparation, application, and final cleaning. B. Maintenance Requirements: Submit manufacturer's instructions for graffiti removal procedures. C. Application and Safety: Submit manufacturer's recommendation methods of installation including limitations, safety and environmental cautions, and material safety data sheets. 1.04 Quality Assurance A. Applicator Qualifications: 1. Applicator must be trained by manufacturer on application of protective coating, safety practices, clean up, removal of graffiti and ongoing maintenance of coating. 2. Outside applicator must be experienced applicator and have a history of successful applications within the past two years. Applicator must use skilled workers who are trained, experienced, and familiar with the specific requirements and methods of similar products. B. Performance Requirements: Graffiti resistant coating shall be a permanent coating. Products shall not require reapplication after removal for life of the warranty period provided that the manufacturer's specifications for removal have been followed throughout the life of the coating. Product must be available to suit architectural aesthetics of substrate and must come in clear with a satin or gloss finish. 3. Coatings and removal products must have been in commercial use for a period of not less than five (5) years. 1.05 Environmental Regulations A. Comply with the California Code of Regulations Title 24. B. Comply with all applicable Federal, State, and local codes and regulations. C. All products must not contain VOC (zero VOC), solvents or odors for the air quality management district where application takes place. Where those requirements conflict with this specification, comply with the more stringent provisions. D. Reduction must be water. E. Clean up with thinners and solvents. MEK, toluene, xylene will not be approved. 1.06 Test Panels A. Before full-scale application, review the manufacturer's product data sheet and apply sealer and graffiti resistant coating to test panels to determine number of applications, coverage rates, mils thickness, compatibility, effectiveness, surface preparation, application procedures and desired results. Final specifications will be determined by this procedure. B. Apply sealer and graffiti resistant coating to test panels in accordance with manufacturer's written instructions. Allow 48 hours or until test panels are thoroughly dry and tack free before evaluating final appearance and results. Do not begin full-scale application until test panels are reviewed and accepted by project official, architect, manufacturer, applicator and the construction manager. C. Test Panel Requirements: Size: minimum 4 feet each or as determined by project coordinator. 2. Locations: as determined by project coordinator. 3. Numbers: as required to completely test each sealer and graffiti resistant coating with each typical substrate to be protected. a. Test panel shall be tested in accordance with the performance of this section for the removal of all graffiti from the coating. Removal agent shall also be demonstrated to the satisfaction of the section. b. No evidence of ghosting, shadowing or staining shall remain after removal provided that all manufacturer's recommendations have been followed with regard to application of the coating and removal process. D. Apply the system as specified in a designated area. This will serve an indication that the applicator can provide acceptable results and will be used as the standard for the rest of the work. E. Retain and protect test panels approved by project manager in undisturbed condition during the work of this section, to be used as a standard for judging the graffiti resistance coating work. 1.07 Delivery, Storage, and Handling A. Delivery: Deliver materials to site or specified address in manufacturer's original, unopened containers and packaging, bearing the manufacturer's label with the following information: 1. Name or title of material 2. Manufacturer's stock number and date of manufacturing (batch number) 3. Manufacturer's name 4. Contents by volume and weight 5. Application/instructions 6. Technical specifications 7. Color name number (if applicable) B. Storage and Handling: Store materials not in actual use, except those materials already catalyzed, in tightly covered containers. Maintain containers used in storage of paint in clean condition, free of foreign materials and residue. 2. Do not allow material to freeze. Protect from freezing where necessary, containers should be protected from prolonged exposure to hear or sunlight. Materials should be stored in an environment between 45 and 75 degrees Fahrenheit. 3. Keep storage area neat and orderly. Remove flammable rags and waste daily. Take all precautions to ensure that workman and work areas are adequately protected from the fire hazards and health hazards from handling, mixing, and application of paints. 1.08 Project Conditions A. Apply Okon PLGR-5 CMU water repellant as base coat to provide water repellant surfaces, control pH and for overall aesthetics of surface. Follow manufacturer's directions for application. B. Apply SCR 3 clear gloss topcoat only when temperature of surfaces to be coated and surrounding air temperatures are between 50 and 90 degrees Fahrenheit. Allow first coat to dry before applying second coat. Do not apply wet on wet. C. Do not apply topcoat when relative humidity exceeds 80%. Do not apply earlier than 24 hours after rain or if rain is predicted for a period of 12 hours after application, unless otherwise indicated by manufacturer's written instructions. D. Do not apply to frozen substrates. Allow adequate time for substrate to thaw, if freezing conditions exist before application. E. Do not apply under windy conditions such that graffiti control coating may be blown to surfaces not intended to be treated. 1.09 Maintenance Products A. Extra Products: Furnish City with the following extra products: 1. Graffiti Resistant Coating: 1 gallon 2. Graffiti Removal Agent: 1 gallon 1.10 Warranty A. Warranty shall cover the original purchaser for a period of up to ten (10) years from the date of purchase. B. Manufacturer shall warrant the removal of all graffiti defacement, chemical staining, ghosting, shadowing and normal environmental effects, without exception, and will retain reasonable gloss and color stability so long as product is applied and maintained according to manufacturer's recommendations. PART II -PRODUCTS 2.01 Manufacturers A. Design is based on products manufactured by: Genesis Coating Incorporated in California (800) 533-4273 2.02 Graffiti Control Coatings A. Graffiti control coating must be tested and approved by the Project Coordinator. B. Graffiti control coating must have the capability of having all types of paints and graffiti materials (currently known to the public) completely removed without damaging both the coating and the substrate when removed according to manufacturer's written recommendations. C. Removal agent shall be non-toxic and have a PH level between 7 and 8.5. After removal is complete, no evidence of graffiti shall be present when used in accordance with manufacturer's written recommendations. D. The removal of graffiti materials shall not cause a change in appearance of the treated surface for the period of the warranty when removal is completed in compliance with manufacturer's written recommendations. E. The graffiti control coating should follow the technical data as listed below: 1. Resin type of graffiti control coating should be aliphatic polyurethane. 2. Percent solids of mixed material should equal: a) Percent Solids by Weight: Clear 60%/Pigmented=66% (mixed) b) Percent Solids by Volume: Clear=58%/Pigmented=64% (mixed) 3. Specific gravity should equal 1.05. 4. Pot life of mixed material should be between 1.5 to 2 hours. 5. Full cure of applied material should be between 3 to 5 days depending on temperature and humidity. 6. Graffiti control coating should be a two component coating system. 7. Graffiti control coating should be reducible with water. 8. Graffiti control coating should contain zero volatile organic compounds (VOC). PART III -EXECUTION 3.01 EXAMINATION A. Prior to the commencement of the Work of this Section, applicator must examine areas and conditions where graffiti control coating is to be applied. Applicator must notify Contractor in writing of conditions detrimental to proper and timely completion. Do not proceed with Work until unsatisfactory conditions have been corrected in a manner acceptable to the applicator. B. Starting if coating Work will be construed as applicator's acceptance of the surfaces and conditions in any particular area. C. Do not apply over dirt, rust, scale, grease, moisture, or conditions otherwise detrimental to formation of durable paint film as discussed in manufacturer's technical specifications. 3.02 Protection A. Protect surrounding areas, landscaping, building occupants, pedestrians, vehicles, and non masonry surfaces not designated for protection during the Work from graffiti resistant coatings, masonry or concrete cleaners if used, residues, rinse water, fumes, wastes, and effluents in accordance with manufacturer's written specifications. B. Cover finished work and materials of all other trades that may be affected by work of the Section during coating application. Protect all surrounding adjacent areas from overspray. C. Divert and protect pedestrian and vehicle traffic. 3.03 Surface Preparation A. General: Perform preparation and cleaning procedures in accordance with coating manufacturer's instruction and as herein specified for each particular substrate condition. 1. Clean surfaces to be painted before applying coating or surface treatments. Remove oil, grease, and other surface contaminants prior to mechanical cleaning. Program cleaning and painting so that contaminants from the cleaning process will not fall onto wet, newly surfaces. B. Repair, patch, and fill all cracks, voids, defects, and damaged areas in surface as approved by Engineer. Allow repair materials to cure completely before application of graffiti resistant coatings. C. Apply compatible sealant and caulking and allow to cure completely before application of graffiti resistance coating. D. Seal all open joints E. Apply new construction substrates to properly cure before graffiti control. Properly clean the new substrates as specified in manufacturer's technical data. 3.04 Application of Graffiti Control Coating A. General: Apply sealer and graffiti resistant coating in accordance with manufacturer's directions. Review material safety data sheets prior to use of material. Use application techniques best suited for substrate and type of material to be applied. B. Applicator must know the substrate that is to be coated and understand the porosity, texture, and general conditions that will be present during the application to provide a correct bid and choose correct product acquisition. C. Anti -graffiti coating must be reducible with clean, fresh water at a rate of 5%-20% depending on applications. D. Don not mix two -component coating at any other rate than the ratio supplied by the manufacturer. Applicator must use caution when spraying materials. Applicator should wear OSHA approved respirator with organic vapor cartridge. Avoid over -spray and spillage. Mark all windows, move vehicles, cover air intakes, cover vegetation, and warn pedestrians prior to spraying. Applicator must make sure there is proper ventilation. Do not apply in windy conditions. G. Applicator shall do a test sample prior to application to confirm aesthetics, compatibility and coverage. Engineering must indicate acceptance of the test sample and sign off prior to full application. H. Apply material between 50 degrees and 90 degrees Fahrenheit with a relative humidity not to exceed 80%. 3.05 Application Rates A. Use Okon PLGR-5 CMU Water Repellant sealer to achieve a proper profile for a pinhole free, continuous coating. Allow sealer to cure based on product manufacturer's direction. B. Allow approximately 6-8 hours, or until tack free, dry time between each coat of GCR 3 Clear Top Coat. Full cure of material is approximately 3-5 days. Temperature and humidity will affect and cure time of graffiti control coating. C. Typically apply 2 mils dry (3-5 wet mil, do not exceed 7 wet mils) per coat to achieve optimal performance, however it is mandatory to determine the acceptable mils thickness for each specified job. D. Mark time of application to establish pot life of material. Typical pot life is 1.5 to 2 hours depending on temperature and humidity. Exposure to direct sunlight, heat, or high humidity will decrease pot life of the material. Discard material after 2.5 hours. E. Product should not be mixed with other products or containers of GCP 1000 Do not mix partial kits. F. Follow manufacturer's specified mixing instructions and dwell time charts. Never add water directly to activator or unanalyzed polyol. G. Apply coating in a crosshatch pattern. One vertical pass and on horizontal pass are considered one coat. H. Spray applications are recommended by manufacturer for optimal coverage and appearance. Material sets up quickly and pulls easily, use caution when backrolling. Coverage rates are affected by porosity, texture, method of application and environmental conditions. Average coverage rates should be approximately 250 top 280 sgaure feet per gallon per coat. Application will require two coats of material. Coverage rates for extremely porous surfaces will be substantially lower than normal rates. Applicator should establish coverage rates for job under these conditions. Do not use universal spec to determine coverage. More material is not better. Over application will result in microblistering, poor adhesion , and blushing. 3.06 Graffiti Removal A. Use manufacturer's recommended graffiti remover for the specific system. Spray vandalized area, allow 1-3 minutes before aggravating with a soft bristle brush or sponge. C. Wash graffiti off with damp towels or pressure washer (1500psi) 3.07 Cleaning, Touching Up and Refinishing A. General: Clean equipment immediately with solvents. Do not allow catalyzed material to stay in hoses beyond pot life. Clean material on shin and hair immediately with industrial soap and water. B. Carefully remove all splatters, spots, and blemishes caused by work of this Section. C. Upon completion of the Work, remove all rubbish, cans, and accumulated materials resulting from the Work. All areas must be left in a clean and orderly condition. D. Runs, sags, misses, holidays, stains and other defects ion the coated surface, including inadequate coverage and mil thickness, will be satisfactorily touched up or refinished. 3.08 Field Quality Control A. Inspection: Inspect the graffiti resistant coating Work with the Engineer, applicator, and manufacturer's representative, and compare with test panel results accepted by all of the above.