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HomeMy WebLinkAboutC-8151-1 - Median Landscape Turf Replacement ProjectFebruary 27, 2019 Diversified Landscape Management, Inc. Attn: Cynthia Smallwood 23052 Alicia Parkway, Ste. 385 Mission Viejo, CA 92692 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov Subject: Median Landscape Turf Replacement Project — C-8151-1 Dear Cynthia Smallwood: On February 27, 2018, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 1, 2018 Reference No. 2018000073344. The Surety for the contract is Developers Surety and Indemnity Company and the bond number is 810803P. Enclosed is the Faithful Performance Bond. Sincerely, �1 /— I�ity�Al�1 nV1C// Lel crani I. Brown, MMC City Clerk Enclosure Executed in Duplicate B , Nunber: 810803P Premium: $6,271.00 EXHIBIT B Premium is for contract term and is subject to adjustment based on the final contract price CITY OF NEWPORT BEACH BOND NO. 810803P FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 6,271.00 , being at the rate of $ 1.44% thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Diversified Landscape Management, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of Clearing and grubbing, Grading, Landscape Establishment and Maintenance, Irrigation Improvements, Providing As -Built drawings, and all other incidental items of work necessary to complete the work in place in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Develo ers Surety and Indemnity 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 Four Hundred Thirty Five Thousand Four Hundred Sixty Seven Dollars ($435,467.81) 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 specked, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specked 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. Diversified Landscape Management, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 28th day of June 12017 Diversified Landscape Management, Inc. Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety 17771 Cowan Suite 100, Irvine, CA 92614 Address of Surety 800-782-1546 Telephone APPROVED AS TO FORM: CITY ATTORNE)('S OFFICE Date: `"71/3//7 Aaron C. Harp King City Attorney � i 6 �.-1-✓1 t� uc � - �,fit lv](.rn.�` t i �,e l Aut�Signatte/Title President Aut rized Agent Sian ure Cynthia J. Young, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Diversified Landscape Management, Inc. page B-2 ALL-P,_APOSE ACKNOWLED..4MENT State of California County of Oranqe ) On June 29, 201 7 before me, Sherri 'Roberts (insert name and title of the officer) personally appeared Cynthia J Smallwood who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in-his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s) or the entity upon behalf of which the person(s)'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHERRI ROBERTS� y,, COMM. #2053044 Eli NOTARY PUBLIC CALIFORNIA y 'tna RIVERSIDE COUNTY jE.mMy CORRI, Expues Oec 22.2017 Signature (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible (Witness(es) Capactiy of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other Other Information: ❑ Check here if no thumbprint or fingerprint is available. 0 RIVERSIDE RUBBER STAMP & ENGRAVING (RRSE) • 800 -STAMP -19 • (951) 684-5411 • (951) 684 -7208 -Fax - www rrse.00m • info@rrse.00m CALIFORNIA ALL-PURPOSE ACKIYWLEDGEMENT 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 San Bernardino On June 28. 2017 before me personally appeared Cynthia J. Young LAURIE El. DRUCK Notary Public - California San Bernardino County z Z '° Commission # 2156851 My Comm. Expires Jul 14, 2020 Name(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Na O Individual O Corporate Officer O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ ) ss. On 20 before me,__—`_-- Notary Public, personally appeared `— who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ !ss. On 20__ before me,.------_^ Notary Public, personally appeared —"` Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Diversified Landscape Management, Inc. Page B-3 No. 4606-0 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pusuan! rn due Insurance Code of the State of California, Developers Surety and Indemnity Company of California, organized ander the lines of California, snhjec•1 to cls• Arlic•les q/'Invorporalion or olher fundamental organizational documents. is hereby authorized to transact within this State, .subject to all provisions of Ihi.s C'eri ffic•ate, the following classes of insurance: Fire, Marine, Surety, Plate Class, Liability, Boiler and Machinery, Burglary, Sprinkler, Automobile, Legal, and Miscellaneous us az(ch classes are now or may hereafter he defined in the h7surcn ev Laws of the Slate ofCulifornia. THIS CERTIFICATE is expressly condifloned upon the holder hereofnow and herea(er being in full conaphanec with all, and nm in violation ofony, gl'lhe applicable laws and lmvful requirements ma(k nndcr aathnr•ily ofdm laws gfrhe ,Sink of C'rrlifornirr ns long «s such lows ar reriniremenls are in elJi•ct and upphcable, nal n.r .tach laws and requirwnents Jame are, or mqY hcrc•gfler be changed or amended [N WPCN[:SS W HERFOI', gJJeclive as rJ'Ihe 2l''` d<ry a/'December, 2(116, /hove set np, lnuul and enured n;v gJJicial sent n, be uUiard dlr 21cdayoj'Decemher, 2016. Dave Jones htmttmca• Cbnm,i"w'm ' (. r., , (Y ll V\ — BY Carol Frair for Joel Laucher ('blry rtepure NOTICE: Qaalllic 16011 ssith the Sccrclary ofSmtc must be accomplished as required by the California Curpoi,toons Cute promplly :dlcr issuance otlbis Cerliticate of Aulltorily. I'ailurc to do so "ill be a violation of Inswmue Code sect ion 701 and will he gmunts fill avid, int, this Cc) Iificwe nl'Awhority purniant in Ibe eavonxms made in the application therefor ani the cont ikons col ainet herein. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Cynthia J. Young, Jay P. Freeman, Laurie B. Druck, jointly or severally' as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full pourer and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior ice -President or any Vice President of the corporations be, and that each of Nem hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. .... By: P '.tv AND; %.,, OV,PANYO� Daniel Young, Senior ice-P�re�sideennt ,•'m° 3fppP0 'Ea1 y? �� OpFORgT s 'Ti 1936 of io: 1987 By. Mark Lonsdon, Vim -President '%,3�aio:•...... off o7<IFpAN�r'� A notary public or other otlicer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Orange On February 62017 betas me,_._ Lucille Raymond Notary Public _ We Hera Insed Name end IN or gw Offkw personally appeared _ Daniel Young and Mark Lansdon Name(s)ar Signw(s) LUCILLrWYk RAYMOND Commlealon N 2081815 N Notary Public • CalBarals Orange County M Comm. Expires Oct 13 2018+ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in hisrherAheir authorized capacity(ies), and that by his/herAheir 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 he foregoing paragraph is two and coned. WITNESS my hand and official seal. Signature Lucifi y and, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, dons hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respecive Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day bf ao ,••c,�tV ANo rNe �oY p� 1 OJ o......... tii L `i 4UP RST (. By: Cassie J.BARIS10111, Assistant 6ectfilary of '$ror o +98i rp ATS -1002 (02/17) May 7, 2018 Diversified Landscape Management, Inc. Attn: Cynthia Smallwood 23052 Alicia Parkway, Ste. 385 Mission Viejo, CA 92692 Subject: Median Landscape Turf Replacement Project C-8151-1 Dear Cynthia Smallwood: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov On February 27, 2018 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 1, 2018, Reference No. 2018000073344. The Surety for the bond is Developers Surety and Indemnity Company and the bond number is 810803P. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Executed in Duplicate . Ad Number: 810803P Premium included in charge EXHIBIT A for Performance Bond CITY OF NEWPORT BEACH BOND NO. 810803P LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Diversified Landscape Management, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of Clearing and grubbing, Grading, Landscape Establishment and Maintenance, Irrigation Improvements, Providing As -Built drawings, and all other incidental items of work necessary to complete the work in place in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned principal, and, Developers Surety and Indemntiy Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as ,Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Thirty Five Thousand Four Hundred Sixty Seven Dollars ($435,467.81) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 at seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of #M 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, if is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 28th day of June 12017 Diversified Landscape Management, Inc. Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety 17771 Cowan Suite 100, Irvine, CA 92614 Address of Surety 800-782-1546 Telephone APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: By: <- Y - Aaron C. Harp 1a City Attorney Authorized SignaturefFitle President i 1" Authbrized Agent �ignatpre r Cynthia J. Young, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Diversified Landscape Management, Inc. PageA-2 ALL -P, APOSE ACKNOWLED, 4MENT State of California County of Orange ) On June 29, 2017 before me Sherri 'Roberts, Notary Public (insert name and title of the officer) personally appeared Cynthia J Smallwood who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHERRI R2053044 ..:,:. COMM. #2053044 a ¢� NOTARY PUBLIC CALIFORNIA N d RIVERSIDE COUNTY My Comm Expires Dec 22. 2017 Signature (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible (Witness(es) Capactiy of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other Other I ® Check here if no thumbprint or fingerprint is available. @ RRVERSIDE RUBBER STAMP & ENGRAVING (RRSE) • 8ODSTAMP-19 - (951) 684-5411 - (951) 6847208 -Fax - www.rrse=m - info@nse.00m CALIFORNIA ALL-PURPOSE ACKW WLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ` ss. County of San Bernardino /) On June 28. 2017 before personally appeared J. Young who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. LAURIE B. UR CK I certify under PENALTY OF PERJURY under the laws of i Notary Public California the State of California that the foregoing is ; San Bernardino County z 9 9 z - Commission # 2156851 = true and correct. My Comm. Expires Jul 14, 2020 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Docu Document Date: _ Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's O Individual O Corporate Officer O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me,_,-- __ Notary Public, personally appeared ^.-- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 ire Notary Public, Public, personally appeared --------- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herftheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Diversified Landscape Management, Inc. PageA-3 No. 4606-0 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the ,Slate of California, Developers Surety and Indemnity Company of California. organized under the laws q/'California, subject to its Articles of hworporation or other fundamental organizational documents, is hereby authorized to transact within this Slate, subject to all provisions ofthis Certificate, the following classes ofinsurance: Fire, Marine, Surety, Plate Glass, Liability, Boiler and Machinery, Burglary, Sprinkler, Automobile, Legal, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereofnow and hereafter being in full compliance with all, and not in violation gfany, ol'the applicable laws and lawful requirements made under authorily of the laws gfthe State gfCaliformil as long as such laws or requirements arc in effect and applicable, and as such laws and requirements now are, or may hereafter be changed in amended. IN WITNESS WHEREOF, e(%ctiveasoflhe..21"daya(December, 2016,1 have set my hand and caused my gjIlciad seal to be afixed this 21" day of December, 2016, Dave Jones Lwnance Cnmmi.ciunsr I1' Carol Frair for Joel L.aucher Chky'oer„ '• NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly alter issuance ofthis Certificate of Authority. Failure to do so gill be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate 0 - Authority pursuant to the covenants made in the application therefor and the conditions contained herein. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: **'Cynthia J. Young, Jay P. Freeman, Laurie B. Druck, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by fire respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the aftorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporatons be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking a contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 6th day of February, 2017. By: l l�l`�•rwoi,Yo •.,, D.c Daniel Young, Senior Vice -President yJ�.",'VORy�o''c�'S OYt,4ANY Cy --- --- '� 1936 �aOUptxPORgT By. o:�5 'I[rFO. ' ,.... •'••, ••*•••��,c d 1967 [rFpPN Mark Lansdon, Vice -President "4nn,us•"", A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6 2017 before me, Lucille Raymond Notary Public Dale Nere Insert Nana"TNs.Aire glflca personally appeared Daniel Young and Mark Landon N.i,(s) of Signa(s) LUCILLE RAYMOND Commission i 2081945 9 -+_ Notary Public - California Z Orange County My Comm. Expires Oct 13 2018 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons) whose nome(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ herftheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature l-1 Lucill and Nolary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certfy that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. ,.r.t.u.u•,ej �. This Certificate is executed in the City of Irvine, California, Mis! day dECd-`h— C' ` qy PND /N •p, DykY^'tY p� J': pP61�'•�ds, 5, ,*L pPPUAtT n� L 936 '�= By: Cassie J. nisfom, Assistant se tary t o': 1 f�°= .• ATS -1002 (02/17) Document -4893364 -Page- I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page I of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� NO FEE • E R 0 0 0 9 9 2 1 9 8 7 5 2018000073344 9:17 am 03101118 90 SCS N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Diversified Landscape Management, Inc., Mission Viejo, California, as Contractor, entered into a Contract on June 13, 2017. Said Contract set forth certain improvements, as follows: Median Landscape Turf Replacement Project - C-8151-1 Work on said Contract was completed, and was found to be acceptable on February 27, 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Developers Surety and Indemnity Company. BY u lic Wo ks Dire to City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. ►�/�, ��n Executed on ' "�rl�I 'i at Newport Beach, California. BY Cifv Clerk about:blank 03/01/2018 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Diversified Landscape Management, Inc., Mission Viejo, California, as Contractor, entered into a Contract on June 13, 2017. Said Contract set forth certain improvements, as follows: Median Landscape Turf Replacement Project - C-8151-1 Work on said Contract was completed, and was found to be acceptable on February 27, 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Developers Surety and Indemnity Company. BY %, Zw A I. I J 0 P`0151icWAs Directo 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 �(tiiU I I t W' D at Newport Beach, California. BY J Ci y Clerk CITY CiFCx CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 2nd day of May, 2017, at which time such bids shall be opened and read for MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT Contract No. 8151-1 $ 520,000.00 Engineer's Estimate Approved by Mark Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanvlD=22078 Hard copy plans are available via Santa Ana Blue Print Located at 2372 Morse Ave, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" and/or "C-34" For further information, call Patrick Arciniega, Project Manager at (949) 644-3347 City of Newport Beach MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT Contract No. 8151-1 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 SPECIAL PROVISIONS............................................................................................SP-1 2 City of Newport Beach MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT Contract No. 8151-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk electronically via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS (Contractor shall also submitinfo via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL (LINE ITEMS to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated 3 quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 at seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)). 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 622626 A C27 Contractor's License No. & Classification 1000045193 06/30/2017 DIR Reference Number & Expiration Date Diversified Landscape Management, Inc Bidder QA Authorized Signaturef itle May 1, 2017 City of Newport Beach MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT Contract No. 8151-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of amount bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MASTER FORMAL CONTRACT, Contract No. 8151-1 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 26th day of Diversified Landscape Management, Inc. Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety 17771 Cowan, Suite 100, Irvine CA 92614 Address of Surety 800-782-1546 Telephone 2017. rvia w Y Authori• d Signaturerritle d�- Authorized Agoit Si ture Cynthia J. Young, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & SUretV must be attached) 5 CALIFORAIA CIVIL CODE § 1189 State of California County of l f3ri.)ta On May 1, 2017 before me, Sherri Roberts, Notary Public Date Name and Title of the Officer personally appeared Cynthia J Smallwood Name(s) of Signer(s) SCOMM #2033044 NOIARYPUBLIC CALIFORNIA COUNYY 22 My Comm Expires Dec 22, 2017 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand d official seal Place Notary Seal Above Signature: 17Lt Y� Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2013 National Notary Association • www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ` SS. County of San Bernardino /) On April 26, 2017 before (e.g., "Jane Doe, Notary personally appeared Cynthia J. Young Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of LAURIE B. DRUCK the State of California that the foregoing paragraph is Notary Public - California true and correct. San Bernardino County z _ Commission # 2156851 WITNESS my hand and official seal. My Comm. Expires Jul 14, 2020 r�UMnu. � ont.t� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's O Individual O Corporate Officer O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: No. 6695 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Certificate of Authority THiS 1S TO CERTIFY, Mat, pucruarrr 10111"asurance Code 0f Me Stale oJ'Clllfarnia, Developers Surety and lndauutity Connpany of West Des Maines, /own, organiged under the lmvn of Iowa, srbjert to itv Arricler of incorporation or ether finndaumrual orgnniztrtiannl dncumanl f', is hervky arithoriZed to trun.rrtrt within this Stale, subfacl to all provisions of this Cerrificatr, the jnllowing classes of insltrmeer Surety as such classes are now or may hetet ftrr be depned in t/re Inswance Laws 0Jtlte 57nte Of Ca/iJbnda. THIS CERTIFICA'T'E is expressly coadilianed opal the holder hereof now and herecyter being in fids canplimlce with all, and not in via lation of any, of the applicable laws and lawful requirements anode tender nulboriy of the lmvs Ophe Sema of Califnrnla as lvag ac -rarh laws or requirements are in affect mrd applicable, and as such laws and requirements now rtre, or maty hereafter he changed oramended. iN WITNESS WHEREOF, effective as ofthe 30th day ofAugm, 199,9, 1 have heretauo set my haul mut canned ny official seal to he afjlAed rials 30th day of August, 1999. Fee $2833,00 Ree. No, Chuck Quackenhush Inmruore Cbm.1.1m, r Filed 3/3/99 61, Vi Nririrt S Sidhurp Crrn fcaaian arpwy 1, the undersigneel Insurance. Comrnisaionrr compared the ahoy copy ojCarl%cuJ'the 67(119 cfCulifa•nln, rho hereby cert%+that 1 hrn'a nlu OJ'Aulhurity with the duplirae ofortgtnnl )jowOn /,114, in my 0lee, and that ilia snore is a All, true, and curreci transcript thereof, and afthe whole ojsaidrhrplicutr., and.rnlJ Cartifrcale ofAulhorl.V is new i+i lk&ree and affect. iN WITNESS WHEREOF, I have. hureunlu set my hand and causer/ nw 41oial seal to Ge ajfcred this list day of Oclobwr 20Q9, John Gurameodi L,.avnnen faun..... r Pauline D'Arulrea POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Cynthia J. Young, Jay P. Freeman, Laurie B. Druck, jointly or severally*** as their he and lawful Attomey(s)-in-fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the afforney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and afftesledby their respective Secretary or Assistant Secretary this 6th day of February, 2017. By: 'tv AND rNo s,, Ok,PANYp� Daniel Young, Senior Vice -President yJe�.•,oPp°airs% `,�G4 PP�AgT C 'X9 .-1 19360. f o: 1967 By: i0•a Mark Landon, Vice -President '•.��d0••*•••aaza� gUFOPN 'C IA 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. accuracv. or validity of that document. State of Califomia County of Orange On February 6, 2017 before me, Lucille Raymond Notary Public Dale Hera lfu Nemo aW Tide or Ne Oacw personally appeared Daniel Young and Mark Landon Nane(e)ofagner(s) LUCILLE RAYMOND Commission 0 2081815 �_ Notary Public • California Z Orange County 4 Comm. Et ires Oct 13 20111+ Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shellhey executed the same in his/her/their authorized capacily(im), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 4 n Signature — r F ' rA Lucill y ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby cedify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the dale of this Certificate. * This Certificate is executed in the City of Ilvine, California, ihisaw day o`. tv nNorp pk.PANYO� /N By: M1� 40PPUH4 f�C' By 1936`_ Cassie JOpimisfonl, Assistant Se Lary %'o c rho: o c 1967 \p ?b •,, off ..........0 ATS -1002 (02/17) o..........a# City of Newport Beach MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT Contract No. 8151-1 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractors total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bi Name: Address; / Phone: State License Number: DIR Reference: Email Address: Name: Address: i j Phone: , State License Number: DIR Reference: Email Address: ' Name: Address: Phone: State Licen;e'Number: DIR Reference: .Email Address Diversified Landscape Management,Inc �( IM [Q, a President Bidder ^ Authoriz Signature t e City of Newport Beach MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT Contract No. 8151-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. Bidder's Name Diversified Landscape Management, Inc FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Nurnber Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $ Fii If final amount is different from rioinal, Telephone ( ) Contract Amount please explain (change orders, extra work, etc.) Did you file �nyclaims against the Agency? Did the Agency file any claims against yqu/Contractor? If yes, briefly explain and indicate outcome of claims. W No. 2 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $ Final Co i Oniiount $ If final amount is different from original, please explain (charge orders, extra work, etc.) Did you file any clp�in s against the Agency? Did the Agency file any claims against you/Cyorffractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From Agency Name ' Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different r6 original, please explain (charge orders, extra work, etc.) Did you fi e any claims against the Agency? Did the Agency file any claims ar sf you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 4 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $_ If final amount is different from tract Amount $ explain (change orders, extra work, etc.) Did you file any 0ifns against the Agency? Did the Agency file any claims against you/Corftractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount If final amount is different Telephone ( ) Contract Amount please explain (change orders, extra work, etc.) Did you file 5KcIaims against the Agency? Did the Agency file any claims against y Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Original Contract Amount $ Fi If final amount is different from origina Amount explain (change orders, extra work, etc.) Did you file any cliffs against the Agency? Did the Agency file any claims against you/Cgntfactor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Diversified Landscape Management, Inc Bidder Authorized Signat#tTitle _VfV - 1 12 i 'L.r�bVVIJ'Gi1V4 Landscape !Management Inc. Jose Jimenez 1. —Project Superintendent on-site time allocated to Job 2. -20 years of construction experience in general engineering/site development 3. -15 Years' experience as Project Superintendent/Project Engineer. Supervision of complete schedule of projects varying in size from $1 million to $2 million dollars. 230s2 Alicia Parkway Ste 385 Mission Viejo, CA 926292 Tele: (949)283-0728 email: csmallwood@dlmlandscape.com License No 622626 City of Newport Beach MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT Contract No. 8151-1 NON -COLLUSION AFFIDAVIT State of California ) County of orange ) / Cynthia SmaIIWOOCi being first duly sworn, deposes and says that t� or sh is President of DiversRedLandscape Management, [no the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Diversified Landscape Management, Inc ma dto—o Bidder Authorized Signatu /Title V V-A,.rte-N Subscribed and sworn to (or affirmed) before me on this day of i .2017 by evidence to be I certify under PENALTY OF PERJURY paragraph is true and correct. [SEAL] to me on the basis of me. laws of the State of California that the foregoing 13 Notary Public My Commission Expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of Orange On May 1, 2017 beforeme, Sherri Roberts Notary Public Date Name and Title of the Officer personally appeared Cynthia J Smallwood Name(s) of Signers) COMM I 205 044 NOTgRYPUBLIC CALIFORNIA RIVERSIDE COUNTY My Comm Expires Dec. 22, 2017 Place Notary Seat Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaclty(les), 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 he nd officiazal. Signature: Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ec. _ 0 2013 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT Contract No. 8151-1 DESIGNATION OF SURETIES Bidders name Diversified Landscape Management, 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): Liability and Workers Comp Insurance Alliant Insurance Services, Inc 735 Carnegie Drive Ste 200 San Bernardino, CA 92408 Christina Mountz Tele (909) 474-8799 Performance and Payment Bonds Alliant Insurance Services, Inc 735 Carnegie Drive Ste 200 San Bernardino, CA 92408 Cindy Young (909) 474-8804 14 City of Newport Beach MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT Contract No. 8151-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Diversified Landscape Management, 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. 15 Current Record Record Record Record Record Year of for for for for for Record 2016 2015 2014 2013 2012 Total 2017 No. of contracts 0 0 0 3 6 4 13 Total dollar 0 0 0 562,992 3,548,775 3,124,666 $7,236,433.95 Amount of Contracts (in Thousands of $) No. of fatalities 0 0 0 0 0 0 0 No. of lost 0 0 0 0 0 0 0 Workday Cases No. of lost 0 0 0 0 0 0 0 workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: Diversified Landscape Management, Inc 23052 Alicia Parkway Ste 385 Mission Viejo CA 92692 949-283-0728 622626 A C27 Title President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date May 1, 2017 Title President Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE State of California County of Orange On May 1, 2017 before me, Sherri Roberts, Notary Public Date Name and Title of the Officer personally appeared Cynthia J Smallwood Name(s) of Signer(s) COMRM l#2053044 NOTARY PUBLIC CALIFORNIA txii RIVERSIDFCOUNTY MY Comm Expires Dec 22. 2017 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(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand /and official s I. Place Notary Seal Above Signature:J�itn c( 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: 0 2013 National Notary Association a www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT Bidder's name Contract No. 8151-1 ACKNOWLEDGEMENT OF ADDENDA Diversified Landscape Management,lnc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Received 17 City of Newport Beach MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT Contract No. 8151-1 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: Diversified Landscape Management, Inc Business Address: 23052 Alicia Parkway Ste 385 Mission Viejo, CA 92692 Telephone and Fax Number: (949) 283-0728 California State Contractor's License No, and Class: 622626 A C27 (REQUIRED AT TIME OF AWARD) Original Date Issued: 07/02/1991 Expiration Date: 11/30/2018 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: Cynthia Smallwood, President The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Robert Smallwood, Officer 23052 Alicia Pkwy, Ste 385, Mission Viejo CA 92692 (949) 683-9550 Cynthia J Smallwood, President, Secretary/Treasurer, 23052 Alicia Parkway, Ste 385 Mission Viejo, CA 92692 (949) 283-0728 Corporation organized under the laws of the State of California 6I? 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: 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 numbe f the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owne /agency? If so, explain. 1' Have you ever 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.)? (9/ No 19 Are any claims or actions unresolved or outstanding? Yes / No If yes to any of the above, explain. (Attach additional sheets, if necessary) Employee falsified dairy time card, slating he worked as a Tender, then stated to labor compllance that he worked as an Operator. claim was settled Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Diversified Landscape Management, Inc Bidder 1 � r Cynthia J Smallwod (Print name of Owner or President of j Corporation/Company) Auth rized Signatur itle��mr President Title May 1, 2017 Date On before me, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public in and for said State My Commission Expires: 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of Orange On May 1 , 2017 before me, Sherri Roberts, Notary Public Date Name and Title of the Officer personally appeared Cynthia J Smallwood Name(s) of Signers) SHERRIIROBER COMM. #2053044 NOTARYPUBLIC CALIFORNIA •�`• RNERSIOF COUNtt My Conus Expires Dec 22,2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hansp and official seal. Signature: �X/' .e tar 1, � Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: 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: Oa,ry , 51 v' •x rv.eM d. • • M. I I I I 13ry In 01 N ry101 IN, 121rra �1 City of Newport Beach MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT Contract No. 8151-1 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 MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT CONTRACT NO. 8151-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 13th day of June, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and Diversified Landscape Management, Inc., a California corporation ("Contractor"), whose address is 23952 Alicia Parkway, Suite 385, Mission Viejo, CA 92692, 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 Clearing and grubbing, Grading, Landscape Establishment and Maintenance, Irrigation Improvements, Providing As -Built drawings, and all other incidental items of work necessary to complete the work in place (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 8151-1, 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 Four Hundred Thirty Five Thousand Four Hundred Sixty Seven Dollars ($435,467.81). 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 Cynthia Smallwood to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 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 Diversified Landscape Management, Inc. Page 2 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: Cynthia Smallwood Diversified Landscape Management, Inc. 23052 Alicia Parkway, Ste. 385 Mission Viejo, CA 92692 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 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. Diversified Landscape Management, Inc. Page 3 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. 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 Diversified Landscape Management, Inc. Page 4 subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, Diversified Landscape Management, Inc. Page 5 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. Diversified Landscape Management, 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. Diversified Landscape Management, 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. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 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. Diversified Landscape Management, 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] Diversified Landscape Management, 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: l /7,l! M ATTEST: Date: 1 Al /��l Leilan� 1. Brown City Clerk CITY OF NEWPORT BEACH, a Califorrliayn7nicipcprp�ration Date: / 7 / V A M vin Mu ayor CONTRACTOR: Diversified Landscape Management, Inc., a California corporation Date: By: Signed in Counterpart Cynthia J. Smallwood Chief Executive Officer/Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Diversified Landscape Management, 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 OF NEWPORT BEACH, CITY AT ORN���FICE a California municipal corporation Date: // Date: _F—_ By: Aaron C p M as Kevin Muldoon City j orney 0I Mayor ATTEST: CONTRACTOR: Diversified Landscape Date: Management, Inc., a California corporation Date: s, \ Al Leilani 1. Brown City Clerk Cynthia J Smallwood Chief Executive Officer/Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Diversified Landscape Management, Inc. Page 10 Executed in Duplicate Bond Number: 810803P Premium included in charge EXHIBIT A for Performance Bond CITY OF NEWPORT BEACH BOND NO. 810803P _ LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Diversified Landscape Management, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of Clearing and grubbing, Grading, Landscape Establishment and Maintenance, Irrigation Improvements, Providing As -Built drawings, and all other incidental items of work necessary to complete the work in place in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Developers Surety and Indemntiy Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred Thirty Five Thousand Four Hundred Sixty Seven Dollars ($435,467.81) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Diversified Landscape Management, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of tine, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 28th day of June 2017 Diversified Landscape Management, Inc. Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety 17771 Cowan Suite 100, Irvine, CA 92614 Address of Surety 800-782-1546 Telephone APPROVED AS TO FORM: CITY ATTOgJJfrYOFFICE Dater Aaron C. Harp City Attorney Authorized Signature/Title President .i Auth rized Agent ign� re Cynthia J. Young, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Diversified Landscape Management, Inc. PageA-2 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ) On :nine 29, 2017 before me, Sherri 'Roberts, Notary Public (insert name and title of the officer) personally appeared Cynthia T Smallwood who proved to me on the basis of satisfactory evidence to be the person(sy whose name(s) is/are- subscribed to the within instrument and acknowledged to me that h6/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(&);"or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHERRIROBERTS r COMM. k2053044 v . <.,... NOTARY PUBLIC CALIFORNIA ai Z RIVERSIDE COUNTY - [Q - My Colum Expires Dec 22.2011 Signature (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible (Witness(es) Capactiy of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other Other ❑ Check here if no thumbprint or fingerprint is available. @ RNERSIoe Rui STAMP & ENGRAVING (RRSE) • 800STAMP-19 • (951) 684-5411 - (951) 6847208 -Fax • www.rrse.com • info@rrse.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ` SS. County of San Bernardino /) On June 28. 2017 before personally appeared Cynthia J. Young Name(s) of Signer(s) OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's O Individual O Corporate Officer O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. LAURIE DRUGI< is California Notary Public I certify under PENALTY OF PERJURY under the laws of n San Bernardino County Z the State of California that the foregoing g g is Z Commission # 2155851 true and correct. M Comm. Expires Jul 14, 2020 WITNESS my hand and official seal. C/1OIAAlup. g Orm,�c.1� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's O Individual O Corporate Officer O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )ss. On 20 before me,,,------- Notary Public, personally appeared —`-- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ ) ss. On 20 before me, ------ Notary Public, personally appeared --- proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacily(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Diversified Landscape Management, Inc. PageA-3 No. 4606-0 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the .State of Caltlbrnia, Developers Surety and Indemnity Company of California, organized under the lairs oj'California, subject to its Articles of Incorporation or other funat venial organizational docmneas. is hereby authorized to transact within this State, subject to all provisions ofahis Certificate, Ihejbllowing clauses of insurance: Fire, Marine, Surety, plate Class, Liability, Boiler and Machinery, Burglary, Sprinkler, Automobile, Legal, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the bolder hereoj)nrw and hereafter being in frill compliance wit/ all, and not in violation ofany, ofthe applicable Says and lnvful requirements made under authority of the laws ofthe Stare gfCahlornia as long as such laws or requirements are in effect and applicable, and as such /at and requirements now are, or may hereafter be changer/ or aneaded IN WITNESS WHEREOF, eljective as ofthe 21" day oj'December, 2016, 1 have set my hand and caused my ojlicial seal to be ajjised this 21" day of December, 1016. Dave Jones lnnvmae Gmrmnscinner By Carol I-rair for Joell..aucher Chief orr,q, NOTICE; Qualification wish the Secretary of State must be accomplished as required by the California Corporations Code prmnpdy alter issuance ofthis Certificate of Aulboriiy. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263.3300 KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Cynthia J. Young, Jay P. Freeman, Laurie B. Druck, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confined. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vim -President, Senior Vim -President or any Yce President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Aborney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested bytheirrespective Secretary or Assistant Secretary this 6th day of February, 2017. By. .�GT//i„ti'� Q" •tY AND iyo •,, ON.PANYO.c Daniel Young, Senior Vim -President hJ oho ey' 'y ��O40PPOggT p 1936- ? o'•. i o By. r 1967 Mark Landon, Vim-President�s?%.......... •� oy c�4cOPP*p �� 44ut N0, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 62017 before me, Lucille Raymond, Notary Public Delp Here Insert Name and ilk of dw Oaar personally appeared Daniel Young and Mark Landon Narrate) of egner(a) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hernheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of LUCILLE RAYMOND which the person(s) acted, executed the instrument. Commission Ar 2081915 to Notary Public • California z Orange County My Comm. Expires Oct 13 2018 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 lJ Lucill y ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions Of Me respective Boards of DifeCors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. 1 .aa•oony'• MANY This Certificate is executed in the City of Irvine, California, thisday o`-�'. •�,•tv ANo rNa 4pM U,x. ' Qry.... 6 PPaA C N t,�o ,OM n X o M By Cassie Jrrisford, Assistant Se lary sof �936P• . +R teof+r9&?N`p �F l�•••. qxr ,6 ATS -1002 (02/17) 's, ego..*••*••• #P Executed in Duplicate Bond Nunber: 810803P Premium: $6,271.00 EXHIBIT B Premium is for contract term and is subject to adjustment based on the final contract price CITY OF NEWPORT BEACH BOND NO. 810803P FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 6,271.00 , being at the rate of $ 1.44% thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Diversified Landscape Management, Inc. hereinafter designated as the "Principal," a contract for The work necessary for the completion of this contract consists of Clearing and grubbing, Grading, Landscape Establishment and Maintenance, Irrigation Improvements, Providing As -Built drawings, and all other incidental items of work necessary to complete the work in place in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Developers Surety and Indemnity 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 Four Hundred Thirty Five Thousand Four Hundred Sixty Seven Dollars ($435,467.81) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Diversified Landscape Management, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 28th day of June , 2017 . Diversified Landscape Management, Inc. Name of Contractor (Principal) Developers Surety and Indemnity Company Name of Surety 17771 Cowan Suite 100, Irvine, CA 92614 Address of Surety 800-782-1546 Telephone APPROVED AS TO FORM: CITY ATTORNEYS / FFICE Date: ���� By Aaron C. Harp3 City Attorney Auth rized Signat e/Title President Aut, rized Ager Sin ure Cynthia J. Young, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Diversified Landscape Management, Inc. Page B-2 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ) On June 7.9 , 101 7 before me, Sherri Roberts (insert name and title of the officer) personally appeared Cynthia J Smallwood who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in-his/her/their authorized capacity(ies), and that by.his%her/their signatures(s)6n the instrument the person(s)"or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHERRIROBERTS COMM. #2053044 NOT PUBLIC. CALIFORNIA N 8 ad My COMM EbOres Dec22,IY 2017 Signature (seal) OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible (Witness(es) Capactiy of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other Other Information: ❑ Check here if no thumbprint or fingerprint is available. @ RFVERS10E RUBBER STAMP & ENGRAVING (RRSE) • 800STAMP-19 • (951) 684-5411 • (951) 6847208 -Fax - www.rrse.com • info@rrse.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California SS. County of San Bernardino On June 28. 2017 before personally appeared Cynthia J. Young Name(s) of Signer(s) LAURIE B. DRUCK Notary Public - California <:•-s a; San Bernardino County z Z Commission # 2156851 My Comm. Expires Jul 14, 2020 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's N O Individual O Corporate Officer O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ ) ss. On 20 before me,_—_--__--- , Notary Public, personally appeared `-- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ss. On 20 before me,__—_--- Notary Public, personally appeared ----'– Proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Diversified Landscape Management, Inc. Page B-3 No. 4606-0 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to doe Insurance Code ofthe.State ofCalijlrnia, Developers Surety and Indemnity Company of California, organized under the hors of California, .subject to its Articles of Incorporation or other fmndarnewal organizational documerus. is hereby authorized to Transact within This State, .subject to all provisions ofthis Certificate, the jbllowing classes of insurance: Fire, Marine, Surety, Plate Class, Liability, Boiler and Macbinery, Burglary, Sprinkler, Automobile, Legal, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws ofdre Saae of California. THIS CERTIFICATE is expressly conditioned upon the holder hereofnow and hereat er being in ./all compliance with all, and nor in violation nfany, ofthe applicable laws raid lawful requirements made under authority ofthe laws ofthe State ojC'alifornia as long us such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or cronended. IN WITNESS WIIEREOF,cff civeasojthe 2Pday ofDecember, 2016, /have set my hand anal caused my ojliciatl se al to be afjised this 21"day of December, 2016. Dave Janes Inn,rrsnoe C'annnisslnner By Carol Fralr for Joel I..aucher Chief Depxry: NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly aIle, issuance ofthis Certificate of Authorily. Failure to do so will ben violation of Insurance Code sect ion 701 and will be gh omtds for revoking this Certificate of Authority porsoanh to the covenants made in the application therefor and the conditions contained herein. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Cynthia J. Young, Jay P. Freeman, Laurie B. Druck, jointly or severally*** as their true and lawful Altomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitufion and revocation, and all of the acts of said Afforney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificale relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 61h day of February, 2017. igy; 1l a q-4 ANDOpp'ya�,. 01kPANYp�` Daniel Young, Senior Vice -President 0JOFPUa4•�O• Z ��OupAPUggT P �� �= 1936 n: By. G�z -%Oji' ��4F0'*s . a�Di Mark Lansdon, Vice -President ., so•••••••'NO,- NO, 4FOP "an. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 6, 2017 before me, Lucille Raymond Notary Public Dale Here Iran Name and Tile onhe olfwm personally appeared Daniel Young and Mark Landon Neme(s)WNrrerJs) 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/sha/they executed the same in his/her/their authorized capacity(ies), and that by hismer/their signature(s) on the instrument the person(s), or the entity upon behalf of LUCILLE RAYMOND which the person(s) acted, executed the instrument. Commission 120819/5 Notary Public - California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is Orange County true and correct. M Comm. E Tres Oc113 2019 WITNESS my hand and official seal. Place Notary Seal Above Signature Lucill yifiond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respeiiva 9oards of Directors of said corporations set forth in the Power of Attorney are in force as of the date �of�this Certificate This Certificate is executed in the City of Irvine, California, thisday Lf�,LF"^"-�— nNo/ to MY AyY U eJC�•.•ppo5gxE1'y'.- �,xVpOPVOq d'9 By l 936 t 2 e OC7.5 a„ Cassie J. rristord, Assistant Se tary s o -i c o o t9ax P= ATS -1002 (02/17) •noun"" EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Diversified Landscape Management, 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 Diversified Landscape Management, 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 Diversified Landscape Management, 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. I. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Diversified Landscape Management, 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: 7/12/17 Dept./Contact Received From: Brittany Ramirez Date Completed: 7/12/17 Sent to: Brittany Ramirez By: Alicia / Jan Company/Person required to have certificate: Diversified Landscape Management Type of contract: Public Works I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/17 — 7/1/18 EFFECTIVE/EXPIRATION DATE: 7/1/17 — 7/1/18 A. INSURANCE COMPANY: Wesco Insurance Company A. B. AM BEST RATING (A-: VII or greater): A / XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1M/2M/2M E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND (What is limits provided?) COMPLETED OPERATIONS ENDORSEMENT (completed F. Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City Haulers only): ® N/A ❑ Yes its officers, officials, employees and volunteers): Is it G. HIRED AND NON -OWNED AUTO ONLY: included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be ❑ N/A ® Yes ❑ No included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7/1/17 — 7/1/18 A. INSURANCE COMPANY: Wesco Insurance Company B. AM BEST RATING (A-: VII or greater) A / XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 7/1/17-7/1/18 A. INSURANCE COMPANY: Wesco 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? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 7/12/17 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date City of Newport Beach MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT Contract No. 8151-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (laid 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. 8151.1 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: May 1 , 2017 Date (949) 283-0728 Bidder's Telephone and Fax Numbers Diversified Landscape Management, Inc K er ��yp� U,- YVL ( President Bidder's Authorized gignature and Title 6 2 2 6 2 6A C27 23052 Alicia Parkway Ste 385 Mission Viejo, CA 92692 Bidder's License No(s). Bidder's Address and Classification(s) Bidders email address: csmallwood@dlmlandscape.com PR -1 City of Newport Beach Page 1 MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT (C-8151-1), bidding on May 2, 2017 10:00 AM (Pacific) Printed 05io212017 Bid Results Bidder Details Vendor Name Diversified Landscape Management, Inc Address 23052 Alicia Parkway Ste 385 Mission Viejo, CA 92692 United States Respondee Cynthia Smallwood Respondee Title President Phone 949-283-0728 Ext. Email csmallwood@dlmlandscape.com Vendor Type License # CADIR Bid Detail Bid Format Electronic Submitted May 2, 2017 8:00:42 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 104678 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General Attachments for 8151-1 City of Newport Beach.pdf General Attachment Bid Bond 8151-1 City of Newport Beach Bid Bond.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment Section 1 1 Mobilization and Demobilization Lump Sum 1 $18,155.81 $18,155.81 2 Traffic Control Lump Sum 1 $11,500.00 $11,500.00 3 Demolition Lump Sum 1 $133,750.00 $133,750.00 4 Refurbish Existing Irrigation Systems Lump Sum 1 $43,250.00 $43,250.00 5 Install Soil Preparation Lump Sum 1 $24,750.00 $24,750.00 Pis,erE vJ, Inc City of Newport Beach Page 2 MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT (C-8151-1), bidding on May 2, 2017 10:00 AM (Pacific) Printed 05/02/2017 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Install Finish Grading Lump Sum 1 $17,900.00 $17,900.00 7 Perform Weed Abatement III Lump Sum 1 $6,650.00 $6,650.00 8 Install 3 Inch Layer of Walk -On Mulch Square Ft 144000 $0.49 $70,560.00 9 Install On -Gallon Aloe rudikoppe'Little Gem' Each 500 $9.80 $4,900.00 10 Install One -Gallon Aloe striata'Ghost Aloe' Each 1800 $9.53 $17,154.00 11 Install One -Gallon Callistemon viminalis'Little John' Each 900 S6.75 $6,075.00 12 Install One -Gallon Carissa macrocarpa'Green Carpet' Each 6200 $7.50 $46,500.00 13 Install One -Gallon Carex tumulicola'Berkeley Sedge' Each 420 $7.40 $3,108.00 14 Install One -Gallon Lantana'New Gold' Each 720 $7.00 $5,040.00 15 As -Built Record Drawings Lump Sum 1 $3,000.00 $3,000.00 16 60 Plant Establishment & 30 Day Maintenance Phase Lump Sum 1 $3,175.00 $3,175.00 17 Provide Allowance for Unforeseen Conditions Lump Sum 1 $20,000.00 $20,000.00 Subtotal $435,467.81 Total $435,467.81 Subcontractors Name & Address Description License Num CADIR Amount Type pl;, ,1131 d, Inc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MEDIAN LANSCAPE TURF REPLACEMENT PROJECT CONTRACT NO. 8151-1 PART I - GENERAL PROVISIONS............................................................................................... 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK............................................................................1 2-6 WORK TO BE DONE........................................................................................................................................1 SECTION 3 - CHANGES IN WORK.......................................................................................................1 3-3 EXTRA WORK.................................................................................................................................................1 3-3.2 Payment.................................................................................................................................................1 3-3.2.3 Markup Replace this section with the following: .................... ...................................................... 1 SECTION 4 - CONTROL OF MATERIALS.............................................................................................. 2 4-1 MATERIALS AND WORKMANSHIP.................................................................................................................2 4-1.3 Inspection Requirements.......................................................................................................................2 SECTION5 - UTILITIES....................................................................................................................... 2 5-1 LOCATION......................................................................................................................................................2 5-2 PROTECTION..................................................................................................................................................2 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK ........................................ 2 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK..................................................................2 6-1.1 Construction Schedule...........................................................................................................................2 6-7 TIME OF COMPLETION...................................................................................................................................3 6-7.1 General.......................................................................................................................................................3 6-7.2 Working Days.........................................................................................................................................3 6-7.4 Working Hours.......................................................................................................................................3 6-9 LIQUIDATED DAMAGES.................................................................................................................................4 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR....................................................................... 4 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES.......................................................................................4 7-1.2 Temporary Utility Services.....................................................................................................................4 7-7 COOPERATION AND COLLATERAL WORK......................................................................................................4 7-8 WORK SITE MAINTENANCE............................................................................................................................5 7-8.4.3 Storage of Equipment and Materials in Public Streets..................................................................5 7-8.6 Water Pollution Control.........................................................................................................................5 7-8.6.2 Best Management Practices (BMPs).............................................................................................5 7-10 PUBLIC CONVENIENCE AND SAFETY............................................................................................................6 7-10.1 Traffic and Access.................................................................................................................................6 7-10.3 Street Closures, Detours and Barricades.............................................................................................6 7-10.4 Safety...................................................................................................................................................7 7-10.4.1 Safety Orders................................................................................................................................7 7-10.5 "No Parking" Signs...............................................................................................................................7 7-10.6 Notices to Residents............................................................................................................................7 7-15 CONTRACTOR'S LICENSES............................................................................................................................8 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS........................................................................................8 SECTION 9 - MEASUREMENT AND PAYMENT....................................................................................8 9-3 PAYMENT.......................................................................................................................................................8 9-3.1 General..................................................................................................................................................8 PART 3 CONSTRUCTION METHODS........................................................................................ 11 SECTION 300---EARTHWORK.......................................................................................................... 11 300-1 CLEARING AND GRUBBING..................................................................................................................... 12 300-1.3 Removal and Disposal of Materials.................................................................................................12 300-1.3.1 General..................................................................................................................................12 300-1.3.2 Requirements...........................................................................................................................12 300-1.5 Solid Waste Diversion...........................................................................................................................12 SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION.........................................................13 308-1 General....................................................................................................................................................13 308-1 LANDSCAPE MATERIALS..........................................................................................................................14 308-1.1 Topsoil..............................................................................................................................................14 308-1.1.1 General..................................................................................................................................... 14 308-1.2 Soil Fertilizing and Conditioning Materials......................................................................................14 308-1.2.3 Commercial Fertilizer...............................................................................................................14 308-1.2.6 Soil Mixes.................................................................................................................................15 ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 — LANDSCAPE PLANTING .............................................. 31 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MEDIAN LANDSCAPE TURF REPLACEMENT PROJECT CONTRACT NO. 8151-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6071-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased from Building News, Inc., 990 Park Center Drive, Suite -E, Vista, CA 92081, 760-734-1113. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of Clearing and grubbing, Grading, Landscape Establishment and Maintenance, Irrigation Improvements, Providing As -Built drawings, and all other incidental items of work necessary to complete the work in place." SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 Page 1 of 48 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 SECTION 5 - UTILITIES 5-1 LOCATION Add the following after the 31d paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." 5-2 PROTECTION In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed. 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: Page 2 of 48 No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General Add to this section: The Contractor shall complete all work under the Contract within ninety (90) consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 251h (Christmas), and December 31 st (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 4:00 p.m., Monday through Friday. All work requiring the closure of vehicular travel lane(s) shall take place between 8:30 a.m. and 4:00 p.m. only. 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. Page 3 of 48 Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such times are approved. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize the emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic and the public as a result of construction operations." SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Add to the end of this section: If the Contractor elects to use City water, he shall arrange for a meter and tender an $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water 7-7 COOPERATION AND COLLATERAL WORK Page 4 of 48 Add to this section: City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control Add to this section, Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.aov/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: Page 5 of 48 a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. 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)." 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 be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. Page 6 of 48 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 7-10.4 Safety 7-10.4.1 Safety Orders Add to this section: The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-10.5 "No Parking" Signs The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. Add the following Section 7-10.6 Notices to Residents 7-10.6 Notices to Residents Ten working days prior to starting work, the Contractor shall deliver a construction notice to homeowner's associations (HOA) and businesses along San Miguel Drive and San Joaquin Hills Road, 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 HOA and businesses a second written notice prepared by the City clearly indicating Page 7 of 48 specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Add the following Sections: 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess an "A" and "C-27" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 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." During this time, the material shall be made available to the Engineer. Suita ble facilities are to be provided for access, inspection and copying of this material." 9-3 PAYMENT 9-3.1 General SECTION 9 - MEASUREMENT AND PAYMENT Page 8 of 48 The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the BMP Plan and construction schedule, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes, if required, preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, , signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Demolition: Work under this item shall include, but not be limited to the removal of all dead trees as directed by the Engineer, Clearing and Grubbing of the existing turf surface, removal of all debris, extraneous plants, turf removal and disposal and all other work items as required to complete the work in place as determined by the Engineer to be prepared for the installation of soil amendments. Item No. 4 Refurbish Existing Irrigation Systems: Work under this item shall include, but not be limited to an assessment of the existing irrigation system in both written and photographic manner to establish the specific tasks required to bring the existing irrigation systems into a viable working condition acceptable to the Engineer. Included in this task are the locating and flagging of existing heads, repair of all main and lateral piping disturbed by the Contractor's work, replacement or repair of existing backflow preventers and controllers, repair or replacement of existing sprinkler heads and nozzles, removal of temporary above -grade tree irrigation systems and replacement with new buried systems. All materials shall conform to the City's Irrigation Materials list as available from the City. Work shall include all other work items as required to complete the work in place as determined by and approved by the Engineer. Item No. 5 Install Soil Preparation: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for soil amendments, per attached soils report and rototilling to a minimum depth of 24 -inches in areas where work is possible without disturbing existing tree roots. Included shall be the removal of debris, construction materials, rocks over 2 -inches in diameter or any other material Page 9 of 48 deemed to be deleterious to plantings, marking of areas of work not to be rototilled in gypsum chalk for approval by the Engineer, care of existing tree roots, and all other work items as required to complete the work in place as determined by the Engineer. Item No. 6 Finish Grading: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, disposing, transporting, delivering, furnishing and installing top soil, shaping and removing irregular landforms and erosion damage to meet the finish grade requirements, and present a smooth and properly drained landscape surface, and all other work items as required to complete the work in place as determined by the Engineer. Item No. 7 Perform Grow -Kill Weed Abatement: work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for applying herbicides, irrigation to completely wet the entire planting area, fertilization, removal and disposal of all dead weeds and all other items as required to complete work in place prior to plant installation. Item No. 8 Install 3 -Inch Layer of Walk -On Mulch: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing a 3 -inch thick layer of mulch, and all other items as required to complete the work in place. Item No. 9 Furnish and Install One -Gallon Aloe rudikoppe 'Little Gem', (Little Gem Aloe): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing one -gallon Aloe rudikoppe 'Little Gem' (Little Gem Aloe), including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 10 Furnish and Install One -Gallon Aloe striata, (Ghost Aloe): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing one -gallon Aloe striata (Ghost Aloe), including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 11 Furnish and Install One -Gallon Callistemon viminalis 'Little John', (Little John Callistemon): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing one -gallon Callistemon viminalis 'Little John', (Little John Callistemon) including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 12 Furnish and Install One -Gallon Carissa macrocarpa 'Green Carpet, (Green Carpet Natal Plum): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing one -gallon Carissa macrocarpa 'Green Carpet', (Green Carpet Natal Plum): including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Page 10 of 48 Item No. 13 Furnish and Install One -Gallon Carex tumulicola, (Berkeley Sedge): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing one -gallon Carex tumulicola, (Berkeley Sedge) including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 14 Furnish and Install One -Gallon Lantana `New Gold', (New Gold Lantana): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing one -gallon Lantana 'New Gold', (New Gold Lantana) including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 15 Prepare As -Built Record Drawings: Provide As -Built Plans (and DBE Certification if applicable). Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $3,000.00 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. Item No. 16 Perform 60 Day Landscape Establishment & 30 Day Landscape Maintenance Phase: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for manpower, fertilizers, irrigation system inspection and operation, plant material care and replacement if necessary, supervision and all other items necessary to establish and maintain the landscaping for the entire duration of the Landscape Establishment and Maintenance Phase. Item No. 17 Provide Allowance for Unforeseen Conditions: An amount of $20,000 is to be included or unknown underground obstructions, as directed by the Engineer based on a time and materials basis. 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 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK Page 11 of 48 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-1/2 inch" of the last sentence with the words "two (2) inches". Add th4e following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation Page 12 of 48 from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION SEE APPENDIX `A' FOR TECHNICAL SPECIFIACIONS IN ADDITON TO THE FOLLOWING MODIFICATIONS 308-1 General Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. Kevin Pekar ((949) 795-2238) at the site to discuss City standards and requirements. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. Page 13 of 48 c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 308-1 LANDSCAPE MATERIALS SEE APPENDIX `B' FOR SOILS REPORT 308-1.1 Topsoil 308-1.1.1 General Add to this section "Topsoil shall be Class "A" as defined in Subsection 212-1.1.2 of the Standard Specifications and shall conform to the following: A. Grading: Sieve Size Percent Passing Sieve 25.4 mm (1 -inch) 95-100 9.51 mm (%-inch) 85-100 53 Micron (270 mesh) 10-30 B. Chemistry: Suitability Considerations: 1. Salinity: Saturation Extract Conductivity (ECe x 103 @ 25 degrees C.) less than 4.0. 2. Sodium: Sodium Absorption Ratio (SAR) less than 9.0. 3. Boron: Saturation Extract Concentration less than 11.0 PPM. 4. Reaction: pH of Saturated Paste: 5.5 - 7.5. 308-1.2 Soil Fertilizing and Conditioning Materials 308-1.2.3 Commercial Fertilizer Add to this section "Commercial fertilizers shall conform to the following: A. Gro Power Premium Hi -Nitrogen (18-3-1/ER), as supplied by Gro Power, Chino, CA. Telephone: 909.393.3744 Page 14 of 48 B. Tri -C 6-2-4+5%S, as supplied by Tri -C Enterprises, Chino, CA. Telephone: 800.927.3311 1. Nitroform (38-0-0) as supplied by Hercules MCW Plant, Louisiana. Add the following Section 308-1.2.6 Soil Mixes 308-1.2.6 Soil Mixes Soil mixes for soil preparation shall conform to the following: A. Soils report recommendations as designated on the Contract Drawings. Page 15 of 48 Appendix A Page 16 of 48 ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 — LANDSCAPE IRRIGATION PART 1 -GENERAL 1.01 SCOPE OF WORK: A. Furnish all labor, materials, appliances, tools, equipment facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of "Landscape Irrigation" complete, as shown on the drawings and/or described herein. B. Related work In other sections: 1. Landscape Planting 2. Landscape Maintenance 1.02 QUALITY ASSURANCE AND REQUIREMENTS: A. Permits and Fees: At the time of the award and until completion of work, the Contractor shall possess a California Contractor's "A" or "C-27" license. 2. At the time of the award and until completion of work, the Contractor and all Sub- contractors shall possess a Business License issued by the City where the project is located. 3. The Contractor shall obtain and pay for any and all permits and all inspections as required. B. Manufacturers Directions: Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in the contract furnish directions covering points not shown in the drawings and specifications. C. Ordinances and Regulations: All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. D. Contractor Responsibilities: A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in the English language. The Contractor shall protect work and materials from damage during construction Page 17 of 48 and storage. Polyvinyl chloride, (PVC) pipe and fittings shall be protected from dirt and sunlight. 3. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re -installation of such areas until all discrepancies are resolved to the City's satisfaction. E. Codes and Regulations: Verify that landscape irrigation systems have be installed in accordance with all pertinent codes and regulations, the original design, the reference standards, and the manufacturer's recommendations. Any provision and installation of material not in accordance with the above shall be removed and returned at the contractor's expense. 1.03 SUBMITTALS: A. Material List: The Contractor shall provide the Engineer with a report defining the existing condition of the irrigation systems. The Contractor shall also provide any backup photographs of any equipment deemed damaged and in need of replacement. Flags shall be placed at all locations where existing heads exist, and different colored flags shall be placed where proposed heads should be located to achieve 100%, head-to-head coverage. The Contractor shall furnish the articles, equipment, materials, or processes specified on the City's Irrigation Materials List as available from the City. All materials shall be approved by the Engineer. No substitutions shall be allowed without prior written approval the Engineer. 2. Submittals shall be provided within ten (10) working days from the award of the contract. The complete formal material list on Contractor's letterhead shall be submitted prior to the starting of any work. 3. Catalog data and full descriptive literature may be submitted. The following is a guide for proper formal submittal list format: Item Description Manufacturer Model Size(s) a. Backflow Preventer Febco 860 2" b. Pop-up Spray Head Rainbird 1806 NA 4. Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. B. Substitutions: Substituted equipment of materials installed or furnished without prior approval of the Engineer may be rejected and the Contractor required to remove such materials from the site at his own expense. The Engineer shall have the sole discretion in accepting or rejecting any proposed substitution. 2. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. Page 18 of 48 3. Manufacturer's warranty is required on any product offered. 4. If, in the opinion of the Engineer, an unapproved substitution proves to be unsatisfactory, the Contractor shall remove such work and replace it with the originally specified item at the Contractor's own cost. C. Record Drawings: The Contractor shall provide and keep up to date a complete "record" set of heavy presentation bond (at least #30 weight) prints which shall be corrected daily and show every change from the original drawings and specifications and the exact locations, sizes and kinds of equipment. These drawings may also serve as work progress sheets and shall be the basis for measurement and payment for work completed. This set of drawings shall be kept on the site and shall be used only as an on-going record set. 2. The Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work progress as actually installed. These drawings shall be available at all times for inspection and shall be kept in a location approved by the City. 3. The project irrigation plans may be procured from the Landscape Architect in PDF format via email. All printing of the PDF format drawings shall be paid to a reprographics firm directly from the Contractor. The plans shall be printed onto bond and all information from the field set shall be applied to the bond plans in a neat and orderly manner. Upon approval by the City, the contractor may then provide photo mylars of these plans for record, either by City, City or both. The cost of all these prints shall be paid to a reprographics firm directly from the Contractor. 4. All additional markings on the mylar plans shall be neat, drawn in waterproof ink by a technical ink pen designed specifically for use on mylar material. Work completed in felt tip pen or ballpoint pen shall be rejected because of the non- permanent nature of both devices. All work shall be subject to the approval of the City. 5. The Contractor shall dimension from two (2) points of reference the location of the following items. If buried, the depth shall also be indicated. Buried lineal items ie, wire and pipe mainline shall be dimensioned every 20' unless uniformly buried behind a curb or hardscape where a note will suffice. The minimum height of dimensions and/or notes shall be N' or 1/8" unless otherwise directed by the City Inspector. All printing must be readable and clearly denoted. Provide a "bar scale' on the plan. a. Water Point of Connection, (POC) b. Electrical Point of Connection c. Backflow preventers d. Master valve e. Flow sensor f. Gate or ball valves g. Quick coupling valves Page 19 of 48 h. Remote control valves i. Routing of pressure main line piping, ( dimension max. 100' along routing) j. Routing of control and common wire k. Pull Boxes I. Other related equipment 7. On or before the date of the final inspection at the end of the Maintenance Phase, the Contractor shall deliver the corrected and completed mylar to the Engineer. Delivery of the mylar will not relieve the contractor of the responsibility of furnishing required information that might have been omitted from the prints compiled at the site. The Contractor shall be fully responsible for correct record drawings. D. Controller Charts: 1. Record drawings shall be evaluated by the Engineer and/or City Inspector before 1.05 GUARANTEE: The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new pipe. Page 20 of 48 controller charts are prepared. 2. Provide one controller chart for each controller, unless otherwise directed by the City Inspector. 3. The chart shall show the area controlled by each automatic controller and shall be sized %" smaller than the controller door on all sides. 4. The chart is to be a reduced drawing of the actual record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable when the final controller chart is completed. 5. The chart shall be at least a 30# presentation bond copy. A differing color shall be used to indicate each valve and the same color used to identify the area of coverage for that valve. 6. When completed and approved, the chart shall be hermetically sealed by a plastic lamination process. The plastic laminating sheets shall each be a minimum of 20 mil. thick. 7. The charts shall be mounted using Velcro tape. 8. Controller charts shall be completed and approved prior to final inspection of the irrigation system. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Handling of PVC Pipe and Fittings: 1.05 GUARANTEE: The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new pipe. Page 20 of 48 A. The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions of these specifications, if any, shall be filed with the City or his representative prior to acceptance of the irrigation system. B. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. C. The beginning date of the one year guarantee shall be from the written final acceptance date established by the City at the end of the Maintenance Phase. If no Maintenance Phase is included in the contract, the beginning date shall be from the acceptance date established by the City at the end of the Construction Phase. D. The guarantee form shown below shall be re -typed onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials, equipment and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defects in material equipment or workmanship which may develop during the period of one year from the date of acceptance. We also guarantee to repair or replace any damage resulting from the defects, or the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within a reasonable time as determined by the City after receipt of written notice form the City. All repair work shall completed to the satisfaction of the City. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the City, we authorize the City to proceed to have said repairs or replacements made at our expense. We will pay the costs and charges therefore upon demand. Any temporary repairs made by others to keep the irrigation system operable, does not void or relieve the Contractor of his responsibilities during the guarantee period. PROJECT: ADDRESS: LOCATION: SIGNED: ACCEPTANCE: SIGNED: PHONE: PART 2 — PRODUCTS 2.01 MATERIALS: A. General: 1. Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. Existing Automatic Controllers: The existing controllers shall be protected in place. 2. Contractor shall notify the Engineer should repairs be necessary to the controller or enclosure after inspecting it. Page 21 of 48 3. See drawing notes for contact should the central control system need to be adjusted. C. Control Wiring: Any additional required connections between the automatic controllers and the electric control valves shall be made with insulated direct burial copper wire AWG -UF 600 volt. Pilot wires sharing the same automatic controller shall be the same color. Common wire shall be white in color. Provide different colors for each controller installed on the same project. Install wire in accordance with valve manufacturer's specifications and wire chart. In no case shall wire size be less than #14. Wire sizes shall be 14 ga. up to 750', 12 ga. up to1200', 10 ga. up to 2,000' from valve to controller. 2. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. Note all locations of new wires on the record plans. 3. Where more than one wire is placed in a trench, the wiring shall be secured together with vinyl cable ties at intervals of ten (10) feet, and placed under the pipe for protection from shovels. 4. An expansion curl shall be provided within three (3) feet of each wire connection. The expansion curl shall be of sufficient length at each splice connection at each electric control valve so that in case of repairs, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in the trench without stress or stretching of control wire conductors. 5. All splices shall be made with 3M Direct Bury Splice Kit DBY/DBR-6. Use one wire connector per wire splice. An expansion loop of 18 inches shall be provided at each wire connection and/or directional turn. 6. Field splices between the automatic controller and electric control valves will not be permitted without prior approval of the Engineer. D. Existing Backflow Prevention Devices:: 1. Existing Backflow Prevention Units shall be inspected to meet all local applicable codes and ordinances. Notify the Engineer should existing backflow preventers be damaged and need replacing or repair work. E. Existing Master Valves: Master valves shall inspected and the Engineer notified should they require repair or replacement. Existing master valves in need of replacement shall be replaced in kind. F. Existing Flow Sensors: Flow sensors shall be inspected and the Engineer notified should they require repair or replacement. 2. Exisitng flow sensors in need of replacement shall be replaced in kind. G. Existing Quick Coupling Valves: Page 22 of 48 Existing quick coupling valves shall be inspected and the Engineer notified should they require repair or replacement. 2. Existing quick coupling valves in need of replacement shall be replaced in kind. 3. Locate valves within 12 inches of hardscape edge unless otherwise noted on plans. Existing Electric Remote Control Valves: Existing electric control valves shall be inspected and the Engineer notified should they require repair or replacement. 2. Existing remote control valves in need of replacement shall be replaced in kind. Valve Boxes: 1. Ball Valves: Use 10" diameter x 10" deep round boxes, Carson industries #910- 10 -Green Blank with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. Brand top as indicated below. 2. Electric Remote Control Valves: Use 12"ATAT deep rectangular boxes, Carson Industries #1419A-12 Green Blank HBIt with green bolt down cover or approved equivalent. Brand top as indicated below. 3. Flow Sensors: Use 10" diameter x 10" deep round boxes, Carson industries #910 -10 -Green Blank with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. Brand top as indicated below. 4. Pull Boxes: Use 10" diameter x 10" deep round boxes, Carson industries #910- 10 -Green Blank with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. Brand top as indicated below. 5. Identification numbers shall be branded onto the box lids in 2 inch high letters and numbers as follows: a. BV: Ball Valve b. FS: Flow Sensor C. MV: Master Valve d. PB: Pull Box e. QC: Quick Coupling Valve f. RCV-#: Remote Control Valve and Station Number 6. Vehicle traffic area boxes shall be concrete with cast-iron lid designed for vehicle traffic use Buried Potable PVC Pressure Main Line Pipe and Fittings: New pressure main line piping shall be PVC schedule 40 for all mainline piping 1-1/2" and smaller with solvent -welded joints, PVC Class 315 for all mainline piping 2" through 3" with solvent -welded joints. Page 23 of 48 2. Pipe shall be made from NSF approved Type 1, Grade 1 PVC compound conforming to ASTM resin specification D 1784 or D 2241. All pipe must meet requirements as set forth in Federal Specification PS -21-70 (Solvent -Weld Pipe) and meet requirements of Cell Classification 12454B. This compound shall have a 2,000 -PSI hydrostatic design stress rating. 3. Install blue colored warning tape 12" over all potable water main lines where excavations is necessary on existing mainlines. K. Potable PVC solvent -weld fittings PVC solvent -weld fittings shall be Schedule 80, 1-2, 11-1 NSF approved conforming to ASTM test procedure D 2466. 2. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of the type and installation methods prescribed by the manufacturer. 3. All PVC pipe must bear the following markings: a. Manufacturer's name b. Nominal pipe size C. Schedule or Class d. Pressure rating in PSI e. NSF (National Sanitation Foundation) approval f. Date of extrusion 4. All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable IPS schedule and NSF seal of approval. Fittings shall be standard weight Schedule 80, injection molded of PVC fitting compound which meets current ASTM D 1784-69 and requirements described in Cell Classification 13454B. Threads required in plastic fittings shall be injection molded. Tees and ells shall be side gated. L. Buried Potable PVC Non -Pressure Lateral Line Pipe: 1. New non -pressure buried lateral line pipe shall be PVC Schedule 40 with solvent -weld joints, 'h" shall be Class 315. 2. Pipe shall be made from NSF approved, Type 1, Grade II PVC compound conforming to ASTM resin specification D1784. All pipe must meet requirements set forth in Federal Specification PS -22-70 with an appropriate standard dimension ratio. M. Threaded Nipples: Threaded nipples shall be standard weight, schedule 80, grey, with molded threads. 2. Assemble threaded fittings using teflon tape applied to male threads only. N. Joint Primer: Page 24 of 48 I . Type as recommended by manufacturer of pipe. 2. Type IPS -P-70 or equivalent for Flex hose to PVC fittings. O. Joint Cement: 1. Solvent type as recommended by manufacturer. P. Sleeves: 1. Pipe sleeves for potable water and wires shall be white Schedule 40 PVC pipe a minimum of two times the diameter of the interior irrigation pipe. Sleeve pipes shall me a minimum of 1-1/2" for water lines. Oversized sleeves are acceptable at no additional cost to City. 2. Sleeves shall be of a minimum size to accept pipe "bell joints". 3. Multiple non -pressure lateral water pipes may be placed within a single sleeve if approved by the Engineer. 4. Mainline sleeves shall consist of only one pipe per sleeve. 5. In no cases shall wires be placed within the same sleeve as water pipes. Wires shall be encased within a separate sleeve. 6. Size of sleeves for wires shall meet or exceed the following minimum sizes. Oversized sleeves for wires are acceptable at no additional cost to City should the sleeve path be difficult to pull multiple wires. Q. Warning Tape (Detectable): 1. All new PVC mainline pipelines shall have a detectable warning tape placed in the trench 12 inches above the pipe. 2. Plastic warning tape (detectable) shall be five-ply composition of ultra-high molecular weight, 100 percent virgin polyethylene or an inert plastic film specifically formulated for prolonged underground us and shll include a metallic substance that can be registered by a magnetic field location device. The minimum thickness shall be 4 mils and the overall width of the tape shall be three (3) inches. Warning tape (detectable) shall be as supplied by T. Christy Enterprises, Thor Enterprises, Inc. Griffolyn Co., Terra Tape, Division of Reef Industries, or approved equal. The color of the tape shall be in accordance with the above requirements and the Recycled Water Urban Irrigation User's Manual. Do not provide location tape over lateral non -pressure lines. 3. Potable Water Mainline Pipelines shall receive blue colored warning tape (detectable) with Black lettering identifying the potable pressure water pipeline. Lettering shall be a minimum of one (1) inch high letters with the wording: "CAUTION: BURIED POTABLE WATER LINE BURIED BELOW", Christy's Part Number TA -DT -3 -BW R. Sprinkler Heads: 1. All new sprinkler bodies shall be of the size and type as existing. Nozzles shall be changed on all existing and new bodies to rotator type nozzles as acceptable to the Engineer. See the City's Irrigation Equipment List. Page 25 of 48 3.01 INSPECTION: A. Site Conditions: Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damage to utilities that are caused by his operations or neglect. Check existing utility drawings or call utility companies for existing utility locations. 2. Coordinate installation of sprinkler irrigation materials, including pipe, so there shall be no interference with utilities, other construction or planting or trees, shrubs and ground covers. 3. The Contractor shall receive approval from the Engineer prior to installing irrigation that the finish grades are acceptable. 3.02 PREPARATION: A. Physical Layout: Prior to installation, the Contractor shall stake out all pressure supply lines and routing, and flag locations of existing and proposed sprinkler heads. Install all materials and piping to avoid conflict with tree roots, shrubs, and all underground utility services. Contact the Engineer immediately if obstructions prevent routing. Lay out new irrigation heads and make any minor adjustments required due to differences in site conditions. Adjustments may be necessary to achieve the original design intent of 100%, head-to-head coverage and only after receiving approval from the Engineer. Do not exceed the maximum spacing indicated by the manufacturer. 3.03 INSTALLATION: A. Trenching: 1. Dig any new trenches straight to support pipe continuously on bottom of the trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the drawings or as noted. a. Provide for a minimum of eighteen- (18) inches cover for all buried pressure supply lines. b. Provide for a minimum of twelve- (12) inches cover for all buried non- pressure lateral lines, PVC or flexable Polyvinyl Y" tubing.. C. Provide for a minimum of eighteen- (18) inches cover for all buried control wiring. d. Provide for four- (4) inches cover for all buried dripline with embedded internal emitters. B. Backfilling of New Trenches: The new trenches shall not be backfilled until all required tests are performed. New trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved Page 26 of 48 materials, free from large clods of earth, stones, asphalt, concrete or other construction or organic debris such as plant refuse.. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. 2. A fine granular material backfill will be initially placed on all new lines. No foreign matter larger than one-half (1/2) inch in size will be permitted in the initial backfill. 3. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the City. 4. Flooding may be accepted in lieu of tamping only upon written approval of the Engineer. C. Boring, Trenching and Backfill Under Paving: Any new trenches located under areas where paving, asphalt concrete or concrete will be installed, shall be backfilled with sand (a layer six (6) inches below the pipe and four (4) inches above the pipe), and compacted in layers to 95% compaction, using manual or mechanical tamping devices. Trenches for piping shall be compacted to equal the compaction of the existing adjacent undisturbed soil and shall be left in a firm unyielding condition. The sprinkler irrigation Contractor shall set in place; cap and pressure test all piping under paving prior to the paving work. D. Assemblies: 1. Install no multiple assemblies on new plastic lines. Provide each assembly with it's own outlet. 2. Perform such work in accordance with the best standard practice and with the manufacturer's specifications. New PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. 3. On new PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape shall be used on male threads on all threaded PVC to PVC, and on all threaded PVC to brass pipe connections. Red lead and boiled linseed oil shall be applied to male threads on all galvanized pipe connections. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. 4. Open pipe or tubing ends shall be taped closed during installation to prevent any foreign matter from entering the system. E. Line Clearance: All new lines shall have a minimum clearance of six (6) inches from each other and from lines of other trades. Parallel lines shall not be installed directly over one another. In case of reclaimed water crossings, refer to local cross connection details and codes. 2. Place location tape above all new mainline piping per irrigation drawings. Page 27 of 48 Automatic Controller: Remote control valves shall be connected to controller in numerical sequence as currently exists. 2. Contact Rainmaster should new sequences be added to the controller. G. Low Voltage Wiring: 1. Place wiring in the same trench and route as the pressure supply lines where possible. Note locations of any new wires not installed within mainline trenches.. 2. Install any new wiring prior to any new main line installation. 3. Secure wire(s) together at 10 feet on -center maximum, with vinyl cable ties attached to the mainline. If mainline is not present. Bundle and secure wires with vinyl cable ties at 10 feet o.c. 4. Provide an 24 -inch expansion loop at each connection and at each directional change. 5. Use a continuous wire between controller and remote control valves. Should splicing be required, make splices in an approved box. 6. Use white for all ground wire circuits. H. Remote Control Valves: When grouped together, allow at least twelve (12) inches between valve boxes. Install each new remote control valve in a separate valve box. Align boxes with adjacent paving in a neat manner, squared to the walk and each other. Valve Box Installation: 1. Provide at all new valve locations. 2. Fill below box with a minimum of 6" layer of pea gravel. Compact prior to installation of box. 3. "Brand" identification number on each valve box in 2 -inch -high characters (letters and numbers) indicating controller letter and valve number within the sequence. Replace existing box lids with numbered lids to match controller station numbers. 4. Provide and install Christy tags with valve sequence for each valve. J. Flushing of System: After all new sprinkler pipe lines and risers are in place and connected, and all necessary diversion work has been completed, and prior to installation of new sprinkler nozzles, the control valves shall be opened and a full head of water used to flush out the system. 2. New nozzles shall be installed only after flushing of the system has been accomplished. K. Sprinkler Heads: Page 28 of 48 Install the sprinkler heads to meet 100%, head-to-head coverage. Sprinkler heads to be installed in this work shall be equivalent in all respects to existing heads and the City of Newport Beach Irrigation Materials List. 2. Spacing of sprinkler heads shall In no case exceed the maximum recommended by the manufacturer per nozzles used. L. Adjusting system: Adjust valves alignment and coverage of irrigation heads. 2. These changes or adjustments shall be made at no additional cost to the City. 3. The entire system shall be operating properly before any planting operations commence. 3.04 TEMPORARY REPAIRS: A. The City reserves the right to make temporary repairs as necessary to keep the irrigation system equipment in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.05 EXISTING TREES: A. Where it is necessary to excavate adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. Excavation in areas where two (2) inch and larger roots occur shall be done by hand. All roots two (2) inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap, to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than two (2) inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through roots. Roots one-half (1/2) inch and larger in diameter shall be painted with two coats of tree seal, or equivalent. Trenches adjacent to trees should be closed within twenty-four (24) hours; and where this is not possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas. 3.06 FIELD QUALITY CONTROL: A. Adjustment of the System: 1. The Contractor shall flush clean and adjust all sprinkler heads for optimum performance and to prevent overspray or runoff onto walks and roadways as much as possible. 2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting at the contractor's cost. Adjustments may also include changes in nozzle sizes and degrees of arch as required. 3. Lowering or raising of sprinkler heads by the Contractor shall be accomplished within five (5) days after notification by the Engineer. 4. All sprinklers shall be set perpendicular to finished grade. 5. Contractor shall install in-line check valves as necessary at his own cost to keep water within lateral lines on sloped street sections to the satisfaction of the Page 29 of 48 Engineer. Testing of Irrigation System: 1. The Contractor shall request the presence of the Engineer at the intervals listed below in advance of any testing. 2. The Contractor shall provide current record drawings at each review. 3. Before testing new mainlines, fill the lines with water for a period of at least 24 hours. 4. All hydrostatic mainline testing shall be completed prior to the installation of remote control valves, quick couplers, or other valve assemblies. 5. Test all pressure mainline pipes under hydrostatic pressure of 150 PSI and prove watertight. Testing of pressure main line piping shall occur prior to installation of electric control valves or quick coupling valves. 6. All piping under paved areas shall be tested under hydrostatic pressure of 150 PSI and proved water tight, prior to paving. 7. Sustain pressure in tested lines for not less than two (2) hours. If leaks develop, replace joints and repeat test until entire system is proven watertight. 8. All hydrostatic tests shall be made in the presence of the Engineer. No new mainline pipe shall be backfilled until it has been observed, tested with all couplings exposed and all pipe sections center loaded, and approved in writing. 9. The Contractor shall furnish the force pump and all other test equipment necessary for the testing of the irrigation system. 10. The Contractor shall make all necessary provisions for thoroughly bleeding the line of air and debris. 11. When the irrigation system is completed, perform a coverage test in the presence of the Engineer, to determine if the water coverage for the planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviation from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate for field conditions. This test shall be accomplished before any groundcover or shrub material is planted. 12. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements to the satisfaction of the Engineer. 3.07 MAINTENANCE: A. The entire sprinkler irrigation system shall be under full automatic operation prior to any planting. B. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction and Maintenance Phases or work. 3.08 CLEAN-UP: A. Clean up shall be made as each portion of work progresses. Refuse and excess dirt Page 30 of 48 shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage sustained on the work or others shall be repaired to original conditions. 3.09 FINAL OBSERVATION PRIOR TO ACCEPTANCE: A. The Contractor shall operate each system in its entirety for the Engineer at the time of final observation at the end of the Maintenance Phase. Any items deemed not acceptable by the Engineer shall be reworked to the complete satisfaction of the Engineer. The Contractor shall show evidence to the Engineer that the City has received all accessories, charts, record drawings and equipment as required before the final observation can occur. -End- ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 — LANDSCAPE PLANTING PART 1 -GENERAL 1.04 SCOPE OF WORK A. Landscape planting work includes, but is not limited to, operations and furnishing of all labor, materials, tools and equipment necessary to complete all soil preparation, fine grading, weed control, planting, watering, plant establishment and maintenance phases and any incidental work which may be required to complete "Landscape Planting" and as shown on the drawings and as described hereinafter. B. Related Work Specified In Other Sections: 1. Landscape Irrigation 2. Landscape Maintenance 1.05 QUALITY ASSURANCE AND REQUIREMENTS A. Permits and Fees: At the time of the award and until completion of work, the Contractor shall possess a California Contractor's "A" or "C-27' license. At the time of the award and until completion of work, the Contractor and all Sub- contractors shall possess a Business License issued by the City of the project location. 3. The Contractor shall obtain and pay for all permits and all inspections as required. Manufacturer's Directions: Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in the contract furnish directions covering points not shown in the drawings and specifications. C. Ordinances and Regulations: All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these Page 31 of 48 specifications and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. D. Contractor Responsibilities: The Contractor shall assume responsibility for damage to existing construction and shall restore damaged property to the original condition to the satisfaction of the Engineer. Immediately notify the Engineer in case of discrepancies with these plans. 3. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without fully resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re -installation of such areas until all discrepancies are resolved to the Engineer's satisfaction. E. Source Quality Control: Submittal of pictures shall not be considered as a final inspection of plant material. Final acceptance or rejection of plant material shall only be considered on-site with the actual plant material being observed by the Engineer. 1.06 SUBMITTALS A. The following submittals will be required: 1. Guarantees, Warranties, and written certifications on Contractor's letterhead submitted to the Engineer. 2. Submittals shall be provided within ten working days from the time of award of contract. 1.07 PRODUCT DELIVERY, STORAGE AND HANDLING A. Delivery: Deliver fertilizer to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. 2. Deliver all plants with legible identification labels for easy identification. a. Label evergreens, bundles of containers of like shrubs, or groundcover plants. Place plants in lots of similar material, spread apart for ease of viewing individual plants prior to the observation. Contractor shall leave enough room around lots and individual plants for ease of viewing and movement between lots for observation. a. Use durable waterproof labels with water-resistant ink which will remain legible for at least 60 days. 3. Protect plant material during delivery to prevent damage to root ball or Page 32 of 48 desiccation of leaves. Contractor shall be responsible for watering all plants, enen in containers awaiting installation. 4. The Contractor shall notify the Engineer forty eight (48) hours in advance of delivery of all plant materials and shall submit an itemized list of the plants. 5. The Engineer shall have sole discretion regarding acceptability of plant material. Storage: Store plant material in the shade and protect from the weather. Maintain and protect plant material not to be planted within four (4) hours. C. Handling: 1. Do not drop plant materials. 2. Do not pick up container plant material by stems or trunks. 1.08 JOB CONDITIONS A. Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted industry practice. 1.09 SITE SAFETY A. The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during the 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. B. The right of the Landscape Architect to conduct construction review or observation of the Contractor's performance shall not include review or observations of the adequacy of the Contractor's safety measures in, on or near the construction site. 1.10 GUARANTEE AND REPLACEMENT A. All plant material installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of ninety (90) days for shrubs, vines and groundcovers from the effective date of completion of the Maintenance Phase of the project as established by the Engineer. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the Engineer, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the Engineer. B. Any materials found to be dead, missing or in poor condition during the Maintenance Period shall be replaced immediately. The Engineer shall be the sole judge as to the condition of the material. C. A written guarantee shall be submitted at the completion of the Maintenance Phase showing the date of final acceptance by the Engineer and the date of the end of the guarantee period, or periods for phased work, for shrubs. D. The guarantee periods shall not be extended for any individual shrub or groups, replaced at any time during the guarantee period. The guarantee for all project shrubs shall end at Page 33 of 48 the stated guarantee time lengths as bid and agreed upon, even if shrubs or planted during that time have a reduced guarantee period. 1.11 OBSERVATIONS: A. All observations are to be initiated by the Engineer. The Contractor shall request observations at least to the times noted below for each observation required. PART 2 — PRODUCTS 2.01 MATERIALS A. All materials shall be of standard, approved and first grade quality and shall be in prime condition when installed and accepted. Any commercially processed or packaged material shall be delivered to the site in the original unopened container bearing the manufacturer's guaranteed analysis. Contractor shall supply the Engineer with a sample of all supplied materials accompanied by analytical data from an approved agronomic laboratory source illustrating compliance or bearing the manufacturer's guaranteed analysis upon request. B. Soil Amendments: Agricultural gypsum. C. Fertilizer: Fertilizer shall consist of the following and shall be mixed by a commercial fertilizer supplier. Triple Superphosphate (0-45-0) 2. Planting tablets: a. Slow-release type, containing the following percentages of nutrients by weight: 20-10-5 b. 21 gram tablets as manufactured by Agriform or approved equivalent, applied per manufacturer's recommendations. D. Top Soil: 1. Top soil, as required, shall be obtained from on-site planting excavations if at all possible. 2. Topsoil shall consist of a natural, fertile, friable, sandy loam soil possessing the characteristics of representative soils in the vicinity which produce heavy growth of crops, grasses, or other vegetation and shall be obtained from natural well drained areas. Before removal of the topsoil, the surface at the source of supply is to be stripped to a depth of two inches in order to remove weed seeds, roots, etc. Imported topsoil shall consist of either fine sand or loamy sand textured soil meeting the following specifications: Silt plus clay content of the soil shall not exceed 30% by weight with a minimum 95% passing the 2.0 millimeter sieve. The sodium absorption ratio (SAR) shall not exceed 6 and the electrical conductivity (ECe) of the saturation extract of the soil shall not exceed 3.0 millimhos/centimeter at 25 degrees Centigrade. The boron content of this soil shall be no greater that 1 ppm as measured on the Page 34 of 48 saturation extract. The pH shall not exceed 7.0 and be not less than 6.0. In order to insure conformance, samples of the import soil shall be submitted to a qualified soil laboratory for analysis prior to shipping. This specification applies to import soil to be used for backfill purposes in problem soil areas. In landscape areas where no soil problems exist, the textural characteristics shall be similar to native soil. The source of soil shall be free from Bermuda grass and other noxious weeds or grasses. Topsoil shall be free from refuse, heavy roots, clay lumps, stones larger than one inch in size, noxious weeds, sticks, brush, litter and other deleterious substances. In no case shall there be more than five percent by volume of the following: stones larger than one inch, coarse sand, and small clay lumps. The Contractor shall furnish the Engineer with the proposed source or sources of topsoil to be used at least fifteen (15) working days prior to delivery. The Contractor at his own expense, shall obtain soil samples from his intended top soil source and have a soil analysis performed by a soil testing laboratory to ensure conformity with the preceding specifications. Topsoil shall not be delivered to the work site prior to approval by the Engineer. Any delay caused by the failure of soil tests to meet these specifications shall be the sole responsibility of the Contractor. Plant Material: 1. Plant material shall be obtained from one source nursery if possible to avoid alternative varieties and/or species of plants, and plants that may have been grown under non -similar conditions with non -similar materials and/or non -similar care. 2. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock or as specified in the drawings. 3. Rejection or substitutions: a. All plants not conforming to the requirements herein specified, shall be considered defective and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site of the work and replaced with new plants at the Contractor's expense. 4. Pruning: a. At no time shall plant materials be pruned, trimmed or topped prior to delivery. Any alteration of their shape shall be conducted only with the approval and when in the presence of the Engineer. 5. Plant material shall be true to botanical and common name and variety as specified in, "A Checklist of Woody Ornamental Plants in California," Manual 32, published by the University of California School of Agriculture (1963). 6. Nursery Grown and Collected Stock: a. Grown under climatic conditions similar to those in locality of the project. b. Container -grown stock in vigorous, healthy condition not root -bound or with root system hardened off. C. Use only liner stock plant material that is well-established in removable containers or formed homogeneous soil sections. Page 35 of 48 Substitute plant material will not be permitted without specific written approval by the Engineer. Mulch Cover: All shrub planting areas other than slopes over 4:1 shall receive a surface layer of nitrogen fortified shredded tree and plant material mulch. The mulch shall consist of "Forest Floor 0'-4 mulch as manufactured by Aguinaga Fertilizer Company, Irvine, California, (949) 786-9558. Provide depth of 3" minimum over finish grade in general planting areas, and 1" depth within watering berm around plant base. No bare earth shall be showing through mulch cover. Curbs, walks, or other paving shall be located 1" over the top of the mulch cover. Move mulch away from the or shrub root crown to prevent constant moisture at the base of the or shrub. G. Miscellaneous Materials: Sand: a. Washed plaster sand or equivalent. Herbicides: a. Pre -emergent herbicide: Ronstar or equivalent b. Post -emergent herbicide: Round -up or equivalent PART 3 — EXECUTION 3.01 INSPECTION A. Verify that final grades have been established prior to beginning planting operations. B. Inspect shrubs and liner stock plant material for injury, insect infestation and shrubs for improper pruning. C. Do not begin planting until irrigation mainline pressure test and irrigation coverage tests are accepted. 3.02 INSTALLATION A. Preparation of Planting Beds At the completion of the demolition, clearing and grubbing work, the areas to receive top soil and/or soil conditioners shall be brought to a smooth, uniform surface free of ruts, furrows and other irregularities. Accidental swales and mounds shall be removed. 2. After approximate finished grades have been established, soil shall be conditioned. Uniformly spread and cultivate thoroughly by means of mechanical tiller into the top 6" of soil. a. Planting Beds Page 36 of 48 Agricultural gypsum: 20 lbs. per 1,000 sq. ft. 3. All soil areas shall be compacted and settled by application of heavy irrigation to a minimum depth of twelve (12) inches. 4. Follow soil conditioning with a one or two especially thorough irrigations. B. Final Grades: 1. After the foregoing specified deep watering, minor modification to grade may be required to establish the final grade. These areas shall not be worked until the moisture content has been reduced to a point where working it will not destroy soil structure. a. Finish grading shall insure proper drainage of the site. b. All areas shall be graded so that the final grades will be 3" below top of curbs, utility boxes and paving. C. Eliminate all erosion scars. d. At time of planting, the top two (2) inches of all areas to be planted or seeded shall be free of stones, stumps, or other deleterious matter one (1) inch in diameter or larger, and shall be free from all wire, plaster, or similar objects that would be a hindrance to planting or maintenance. e. Finish grading shall be consistent and free from undulations, irregularities or depressions. Areas filled by floating loose soil into depressions shall be thoroughly watered to ensure compaction. f. Rake surface to a smooth finish surface. C. Dispose of Excess Soil: 1. Dispose of unacceptable or unused excess soil off-site in a manner consistent with local codes. D. Maintenance of Final Grades: 1. It shall be the responsibility of the Contractor to maintain the final grades throughout the Construction Phase. All erosion shall be properly repaired at the Contractor's own cost to the Engineer's satisfaction. Any soil run-off onto adjacent paving areas or concrete swales shall be cleaned regularly by the Contractor throughout the Construction and Maintenance phases. 3.04 PLANTING INSTALLATION A. General: Actual planting shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted practice, as approved by the Engineer. Only as many plants as can be planted and watered on that same day shall be Page 37 of 48 distributed in a planting area. 3. Containers shall be opened and plants shall be removed in such a manner that the ball of earth surrounding the roots is not broken. The plants shall be planted and watered as herein specified immediately after removal from the containers. Containers shall not be opened prior to placing the plants in the planting area. B. Weed Control: After soil preparation and establishment of final grades prior to any planting, the Contractor shall irrigate thoroughly for a period of time, two to three weeks, until the weed seeds have germinated. When there is sufficient weed seed germination, the Contractor shall apply a post -emergent contact herbicide according to the directions of the manufacturer, conforming to any and all codes affecting herbicide handling and use. The contractor shall then wait an additional two (2) weeks to allow the herbicide to dissipate, then plant as indicated in the plans and specifications. 3. The Contractor shall remove any residual foliage and/or roots. All turf growth must be sterilized. C. Lay -out of Major Plantings: Once finish grade is established, the Contractor shall place all shrubs on the ground in their original containers in the locations and in the quantities as shown on plan. These locations shall be approved by the Engineer. Failure to get approval prior to installation may result in the post -planting changing of locations, plant facing direction, or the addition or deletion of new plant material to achieve the desired visual effect at the Contractor's cost. 2. Do not begin any excavation until plant locations and plant beds are acceptable to the Engineer. D. Excavation for Planting: Pits and Trenches: a. Dig vertical sides and flat bottom on all pits and trenches. b. Hand -dig carefully all pits around existing tree root areas. C. Plant pits shall be square for box material, and circular for container material. d. All plant pits for shrubs shall be dug twice the diameter of the root ball. e. The top of the root ball shall be at or slightly above finish grade, ('% inch to 1 inch above finish grade). Do not cover the original root ball with other soil, and do not allow water to gather on top of the root ball. E. Shrub Backfill Backfill shall consist of native soil only. Install only plant tab fertilizer as denoted in these specifications. Planting of Shrubs: Page 38 of 48 I . Excavation for planting shall include the stripping and stacking of all acceptable topsoil encountered within the areas to be excavated for trenches, holes, plant pits and planting beds. 2. Protect all areas from excessive compaction when trucking plants or other materials to the planting site. 3. All excavated holes shall have vertical sides with roughened surfaces. 4. Planting tablets shall be set with each plant on the top of the root ball while the plants are still in their containers so the required number of tablets to be used in each hole can be easily verified. Tab quantities per manufacturer. 5. Can Removal: a. Cut cans on two sides with an acceptable can cutter b. Do not injure root ball 6. Box removal: a. Remove bottoms of plant boxes before planting b. Remove sides of box without damage to root ball after positioning plant and partially backfilling 7. Center plant in pit or trench. 8. Face plants with fullest growth into prevailing wind, unless other wise directed by the Engineer 9. Set plants plumb allowing root crown to extend 1" above surrounding finish grade and hold rigidly in position until soil has been tamped firmly around base of the root ball. 10. All plants which settle below finish grade shall be raised to the correct level. After the plant has been properly placed, backfill shall be added about half -way up the root ball. 11. After the water has completely drained, planting tablets shall be placed as indicated on the product labels. 12. Backfill the remainder of the hole per the soils laboratory recommendations. 13. Hand backfill and hand tamp leaving a slight depression around bases of plants, and leaving the root crown 1" above finish grade. In no way shall the root crown be installed below surrounding finish grade. 14. Once finish grade has been established, an earthen basin shall be constructed around the plant using amended soil if amendments have been specified in the backfill mix. The basins shall be of a sufficient depth to hold 2" depth of water. For mass plantings, earthen basins shall be constructed around plants as follows. Shrub basins may encroach into tree basins, but all basins must meet the following sizes. a. One -gallon plants - min. V diameter Page 39 of 48 15. Pruning: a. Pruning shall be limited to the minimum necessary to remove injured twigs and branches and to compensate for loss of roots during transplanting, but never to exceed one-third of the branching structure. 3.03 FERTILIZATION Contractor shall fertilize all planting areas as denoted below. Broadcast triple superphosphate (0-45-0) at the rate of 2 lbs. per 1,000 square feet immediately after planting, followed by a thorough irrigation in all but the "San Joaquin #1" area. 2. See "Landscape Maintenance' section for additional fertilization information. 3.05 CLEAN-UP A. After all planting operations have been completed; remove all trash, excess soil, empty plant containers and rubbish from the property. All scars, ruts or other marks in the ground caused by this work shall be repaired and the ground left in a neat and orderly condition throughout the site. The Contractor shall pick up all trash resulting from this work no less frequently than each Friday before leaving the site, once a week, and/or the last working day each week throughout the Construction Phase. All trash shall be removed completely from the site. B. The Contractor shall leave the site area broom -clean and shall wash down all paved areas within the contract area, leaving the premises in a clean condition throughout the Construction Phase. -END- ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 — LANDSCAPE MAINTENANCE PART 1 —GENERAL 1.12 SCOPE OF WORK: A. Furnish all labor, materials, transportation, and services necessary to provide landscape maintenance to the project as described herein. B. Related Work Specified In Other Sections: Landscape Irrigation 2. Landscape Planting 1.13 GENERAL MAINTENANCE: A. The length of the maintenance period shall be sixty (60) days for landscape Page 40 of 48 establishment phase and thirty (30) days for the maintenance phase. B. Maintenance of plant materials shall include, but not be limited to trimming, pruning, watering, fertilization, weed control, cultivation, pest control and clean up. The Contractor shall keep the site in a state of perpetual growth and repair. C. All hardscape shall be kept clear of debris from the maintenance operations, erosion run- off, irrigation water, or wind blown debris. Clean up of walks shall be the Contractor's responsibility. Street gutters shall be included within the debris/siltation removal program. D. The Contractor shall provide a general clean-up operation at least once a week for the purpose of removing trash or debris which may accumulate from the use of the area, wind blown debris, or other refuse. All personnel on the project shall be well trained, clean, neat at all times, and be conversant with these specifications. All work shall be performed in accordance with the best landscape maintenance practices and in keeping with the high aesthetic level of the facilities being maintained. G. Contractor shall be responsible for removing all weeds in joints of sidewalks, curbs, and hardscape throughout the project. All landscape areas shall be patrolled weekly to check for vandalism damage, broken tree branches, rodents, insects, pests, and diseases. Water management: 1. Water only as required to allow penetration into the soil and avoid excess run-off. Once plant material is established, water only as needed to maintain healthy plant material. Soil water infiltration rate is an average of 0.26 inches per hour depending on degree of soil compaction. 2. Avoid water waste by setting controllers appropriately for the current season and weather. Soak and Cycle methods are preferred. Contractor shall be certain that ,.smart' controllers are properly set and connected to correct weather station signals. J. Avoid blocking the clear view of signs, illumination of light fixtures, the airflow out of vents and conflict with pedestrians and vehicles or their views. K. The Contractor, at his own expense, shall immediately replace all plant material that has failed during the maintenance phase. 1.14 QUALITY ASSURANCE: A. Work Force: The Contractor's representative shall be experienced in landscape maintenance and shall have received an education in ornamental horticulture. The Contractor shall give his personal supervision to the work or shall have a competent foreman on the job site at all times during progress of the work. 2. The Contractor shall provide and maintain a current list of emergency telephone numbers for 24-hour emergency response. The Contractor shall initiate remedial action within two (2) hours from the time of notification. Page 41 of 48 1.15 SUBMITTALS: A. Submittals shall be provided within ten working days from the time of award of contract. B. The following submittals will be required: Materials List noting product (generic) name on Contractor's letterhead, supplier and contact information. Include fertilizer schedule. Product cut sheets may be included for backup to formal listing of materials on Contractor's letterhead. 1.16 MAINTENANCE PHASE: A. The Contractor shall continuously maintain all areas involved in this contract during the progress of the work and during the Maintenance Phase until final acceptance of the work by the Engineer. B. Improper maintenance or poor condition of any plantings as determined by the Engineer, during or at the end of the scheduled maintenance period may cause postponement of the final completion date of the contract. Project maintenance shall be continued by the Contractor until all work is acceptable to the Engineer. C. Projects will not be segmented into separate Maintenance Phases unless specific work phases are indicated with the contract documents. D. Any period of time the Contractor fails to adequately maintain plantings, replace unsuitable plants, perform weed control or other work, as determined by the Engineer, that time will not be credited to the Plant Establishment/Maintenance period, and shall be added on the end of the Maintenance Phase. E. The Contractor's maintenance period shall be extended to the Engineer's satisfaction should the provisions within these plans and specifications not be fulfilled to the City's satisfaction. See Section 2.09 for further information regarding Engineer's responsibility with Notice of Substantial Compliance. 1.17 START OF MAINTENANCE PHASE: A. The Maintenance Phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete. B. The Contractor shall request an observation to begin the Maintenance Phase after all planting and related work has been completed in accordance with the contract documents. If such criteria are met to the satisfaction of the Engineer, a field notification shall be issued to the Contractor from the Engineer, to establish the effective beginning date of the Maintenance Phase. The City has the ultimate authority in setting the beginning date for the Maintenance Phase. 1.18 GUARANTEE AND REPLACEMENT: A. All plant material installed under this contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one year for trees and 90 days for shrubs. This guarantee shall begin from the date of final acceptance at the end of the Maintenance Phase as established by the City. Any plant material found to be dead, missing or in poor condition as determined by the Engineer, shall be replaced by the Contractor at his expense. Page 42 of 48 Any materials found to be dead, missing, or in poor condition as determined by the Engineer, shall be replaced. 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 of written notification, not just prior to inspection. C. Plants installed near the end of the Guarantee period shall be guaranteed by the installing Contractor only until the final acceptance of the Guarantee period by the City. 1.19 FINAL PROJECT SUBMITTALS: A. Prior to the date of the final inspection at the end of the Maintenance Phase, the Contractor shall acquire from the Engineer mylar prints at the Contractor's expense, and record from the job record set all changes made during construction, label as "Record Drawings', and deliver to the City. Prior to the date of final inspection at the end of the Maintenance Phase, the Contractor shall deliver to the Engineer the "Landscape and Irrigation Guarantee" as required. All other submittals as incorporated in the Irrigation and Planting Specifications shall also be completed prior to the final acceptance by the City. PART 2 — EXECUTION 2.01 MAINTENANCE: A. Maintenance shall conform to the following standards: 1. All areas shall be kept free of debris and all planted areas shall be weeded and cultivated at intervals of not more than seven (7) days. Watering, rolling, edging, trimming, fertilization, spraying and pest control, as may be required, shall be included in the maintenance period. 2. The Contractor shall be responsible for maintaining adequate protection of the entire project area. Damaged areas caused by erosion, tire damage, grafitti, pests or other damage as deemed by the City shall be repaired at the Contractor's expense. 3. All sidewalks, paved areas and other areas adjacent to the planting areas shall be cleaned of all debris, soil, or other materials at intervals of not more than seven (7) days. 2.02 SHRUB CARE: A. Watering: 1. Maintain a large enough water basin around plants in groundcover areas so that enough water can be applied to establish moisture through the major root zone. When hand -watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering. 2. Shrubs: a. The objectives of shrub pruning are the same as for trees. Shrubs shall not be clipped in balled or boxed forms. b. All burning cuts shall be made to lateral branches or buds or flush with the trunk. Stubbing will not be permitted. C. Remove any spent blossoms or flower stalks after flowering. Page 43 of 48 d. Hedges and most plant masses shall be pruned into a mass form, not individual plant balls or boxes. Weed Control: 1. Keep basins and areas between plants free of weeds. Use recommended legally approved pre -emergent and post -emergent herbicides and removal by hand methods. Avoid frequent soil cultivation that destroys shall roots. Use mulches to help prevent weed seed germination. Avoid post -emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. 2. Use of chemical spraying may be necessary to rid turf areas of noxious weeds. 3. Weed control is on-going and shall be consistently performed until the end of the Maintenance Phase. Just prior to the end of the Maintenance Phase, the Contractor shall perform a final weed spraying and removal through the entire project. Should the project meet "industry standard" as determined by the Engineer at the end of the Maintenance Phase, the City shall be responsible for weed control from that point forward. The weed control program shall be extended if the weed control program does not meet "industry standard" as determined by the Engineer, until substantial compliance is determined by the Engineer. C. Mulch Replace mulch in planting areas and basins to meet original requirements of details and specifications. Replacement mulch shall be considered a part of the maintenance and provided and installed at the cost of the contractor's maintenance program. F. Insect Control: Maintain a reasonable control with approved materials and methods that are legally accepted in the area. G. Disease and Pest Control: The Contractor shall be responsible to control all diseases and pests during the Maintenance Phase. All disease and pest control materials and methods shall be at the direction of a licensed pest control operator. The City shall be made aware of all methods and materials to be used for disease and pest control. The Contractor shall implement the control measures exercising extreme caution in using pesticides and taking all necessary steps to ensure the safety of the public. H. Fertilization: Fertilize planting areas with the following materials. 90 days after planting, and 120 day intervals:: Sulfur coated urea 5lbs./1,000 sq.ft. 2. Early fall and spring, substitute with the following: Complete fertilizer (16-6-8) 6 lbs./1,000 sq.ft 2. When plants become well established, fertilizer applications can be less frequent. Page 44 of 48 3. Avoid applying fertilizer to the root ball and base of main stem, rather spread evenly under plant to the drip line. 2.08 IRRIGATION SYSTEM A. The Contractor shall check all systems for proper operation a minimum of once a month. B. Conventional overhead systems shall be flushed out after removing the last sprinkler head at each end of the lateral. All conventional heads are to be adjusted as necessary for 100%, head-to-head coverage. C. Set and program automatic controllers for ET input or for seasonal water requirements. The Contractor shall adjust his watering schedule equal to the application rate each area is capable of receiving based on topography, soil type, plant material, solar exposure, and weather. Give the Engineer a key to controllers/enclosures and instructions on how to turn off the system in case of emergency. D. Repair all damage to the irrigation system at the Contractor's expense. Repairs shall be made within one watering cycle. All replaced equipment shall match the equipment specified on the Citys Irrigation Materials List. E. Replace irrigation equipment with same type and size as originally designed 2.09 FINAL ACCEPTANCE A. The Contractor shall be aware that the landscape shall be in a vigorous and thriving condition prior to final acceptance. All plant material which may still be under stress from the Construction Phase shall at this time be rejected and replaced by healthy and vigorous plant material prior to final acceptance. B. All plant material shall have new growth trimmed neatly, and all hardscape shall be cleaned prior to final acceptance. C. Should the project meet substantial compliance to the plans and specifications in the Engineer's opinion, the Engineer shall provide a notice of substantial compliance. This notice will be sent after the final site visit at the end of the Maintenance Phase. This notice will indicate that the intent of the plans and specifications has been fulfilled to "industry standard" in the opinion of the Engineer. D. Upon final acceptance of the project by the City, a date shall be agreed upon and set in writing verifying the final date of the ninety (90) day shrub and one (1) year tree guarantee periods. -END- Page 45 of 48 Appendix B Soils Report Page 46 of 48 0 Waypoi nt ., ANALYTICAL Anaheim office Lab No: 16-232-0008 August 26, 2016 TCLA,Inc. 1430 Reinolds Ave. Irvine, CA 92614 SAN JOAQUIN HILLS RD. & SAN MIGUEL DRIVE — NEWPORT BEACH, CA Attached are the results of the analyses performed on five soil samples that were collected from the above mentioned project site by the client and received by our laboratory on August 19, 2016. These samples were analyzed in preparation for a new landscape installation. A partial plant list was provided to us by the client and includes Aloe rudikoppe, Aloe striata, Callistemon uiminalis, Carissa microcarpa, Carex tumulicola and Lantana spp. A site map was provided to us by the client and is attached here for reference. Analvtical Results: The reaction of the soil is slightly acidic to slightly alkaline with pH values ranging from 6.6 in the'San Joaquin #2' sample to 7.4 in the'San Joaquin #1' sample. This is suitable for a broad range of plants, including those mentioned above, and no pH adjustment is recommended. Salinity (ECe) values are safely low in the'San Joaquin #1' and 'San Joaquin #2' samples. In the other three samples salinity is slightly elevated, ranging from 3.0 to 3.2 dS/m. In all but the'San Joaquin #1' sample, sodium is slightly elevated. These values could cause some plants to show tip and edge burning of older foliage. The plants mentioned above are not particularly sensitive to salts but a decrease in salinity would be prudent, especially if other plants planned for this project do have some sensitivity to salts. In all but the'San Joaquin #1'sample, slightly elevated sodium adsorption ratio (SAR) values indicate that sodium may have some negative effect on soil structure and water infiltration. Phosphorous is below sufficient in all but the'San Joaquin #1' sample. Manganese is below optimum in the'San Joaquin #21 sample and iron is below optimum in the'San Miguel #3' and'San Miguel #4' samples. All of the other major and minor nutrients are sufficient for plant nutrition. The organic content is moderate in the'San Joaquin #1' sample at 2.4% by sample dry weight and ample in the other four, ranging from 7.4% to 12.1%. The texture of the soil at this site ranges from'sandy loam'to'sandy clay loam' based on USDA classification standards. The grave content in the'San Joaquin #1','San Joaquin #3', and 'San Miguel #4' samples is elevated at an average of 25% by total dry weight, earning those samples the label 'gravelly'. This, along with a wide distribution of particle sizes in all five samples indicates that the soil at this site is likely to have a tendency to consolidate and compact. The average estimated water infiltration rate is 0.26 inches per hour. The actual rate of water infiltration may vary with the degree of soil compaction. 4741 East Hunter Ave., Ste. A Anaheim CA 92807 (714)282-8777 0 (714)282-8575 fax www.waypointanalytical.com WaypAoi nt . NALYTICAL 00 Page 2 TCLA, Inc. August 26, 2016 Comments and Recommendations It was noted by the client that the sail in these medians is severely compacted and there is a significant amount of root mass in the surface soil. To address both of these issues, the soil should be tilled to a depth of at least 6 inches to break up compaction. This should also help to loosen the root mass. The roots do provide ample organic matter and the plants mentioned. Therefore no addition organic amendment is needed, including the'San Joaquin #2' area where the organic content was measured at 2.4% since the plants mentioned above do well in lower organic soils. For natives and succulents, soil fertility is sufficient throughout. For areas where general ornamentals are installed, broadcast triple superphosphate (0-45-0) at a rate of 2 lbs. per 1000 sq. ft. immediately after planting, followed by a thorough irrigation in all but the 'San Joaquin #1' area. To adjust SAR values downward, incorporate gypsum in all areas at a rate of 20 lbs. per 1000 sq. ft. to a depth of 6 inches, followed by one or two especially thorough irrigations. Tree and Shrub Planting Guidelines 1. Excavate planting pits at least twice the diameter of the rootball. 2. The top of the rootball should be at or slightly above final grade. 3. Do not cover the original rootball with other soil. Ideally, a temporary soil berm is often constructed around the outer edge of the rootball to help channel water into the rootball and then into surrounding soil until roots are established in the backfill and the rootball is no longer the sole source of water for the plant. 4. Ideally, a weed and turf free zone, preferably 2-3 ft. in diameter, should be maintained just beyond the diameter of the planting hole. A 2-4 inch deep layer of coarse mulch can be placed around the tree or shrub; mulch should be kept a minimum 4-6 inches from the trunk. Maintenance Fertilization For general ornamental groundcover and mass planting areas, uniformly broadcast sulfur coated urea at the rate of 5 lbs. per 1000 sq. ft. The first application should occur approximately 45 days after planting, with repeat applications every 60-90 days or as growth and color dictate. In early fall and spring, substitute a complete fertilizer such as 16-6-8, or equal, for the sulfur coated urea at the rate of 6 lbs. per 1000 sq. ft. to ensure continuing supplies of phosphorus and potassium. General omamental tree and shrub plantings can be maintained with the above fertilizers; however, the frequency between applications should be every 120 days, with the first application 90 days after planting. California natives and succulents can be maintained with a nitrogen only fertilizer program for at least a year. When needed for those plants, based on color and growth performance, broadcast sulfur coated urea at a rate of 2 1/2 lbs. per 1000 sq. ft. Follow each fertilization with a thorough irrigation. When plants have become well established, fertilizer applications can be less frequent. 4741 East Hunter Ave., Ste. A Anaheim CA 92807 (714) 282-8777 0 (714) 282-8575 fax www.waypointanalytical.com Waypoint, OtNALYTICAL Page 3 TCLA, Inc. August 26, 2016 Maintenance Fertilization Continued As noted above, iron and manganese are below optimum. When these nutrients are low, deficiencies can sometimes show in the plants. If deficiencies show once plants have become established, they may be addressed upon the first sign of deficiency. Symptoms of manganese deficiency may be seen as a general loss of color in the young leaves, followed by yellowing between veins and brownish -black spots appearing. Iron deficiency symptoms are often characterized by yellow, almost white, interveinal chlorosis on the youngest growth. If these symptoms are apparent once plants are established, then application of iron and/or manganese chelate at the manufacturer's label rate may improve appearance. These can be applied either foliar or soil applied at manufacturer's rates if deficiencies begin to show. If we can be of any further assistance, please feel free to contact us. Jason Gihring Emailed: joetclainc.com 4741 East Hunter Ave., Ste. A Anaheim CA 92807 (714)282-8777 0 (714)282-8575 fax www.waypointanalytical.com Sufficiency factor (10-sudicienl for average crop) balance each nutrient value. N factor based on 200 ppm conduct Ned SAR = Sodium adsorption alio. Had Encumber%=apPx field moisture rapacity Nitrogen(N), Poores m(K). Catdffidi and Magnesium(Mg) by sommor chloride a martem Phosphoms(P) by sodium bicarbonate extraction. CoppegCu), Zinc(Zn), ManganesetMn) B moire) by DTPA extraclian. Sat. and. method for salinity (ECe es d5lmt eomn (B). SUdela(SO 41. Sodium(Na). Gravel fraction expressed as percent by wail of overA ed sample passing a 12mmDQ inch) sieve. Partnere sizes Ia millimeters. 0yanic percenuge determined by Welkley-Black or Loss on Ignifwn. LOw . SUFFICIENT , HIGH TCLA. INC 4741 East Hunter Ave. Suil 1430 Remolds Ave. Waypomt.. im, Anaheim, CA 92807 Main 714-282-6777 a Fax 7114-28-8575 ANALYTICAL www.waypointanalydcal.com Irvine CA 92614 Report No: 16-232-0008 Project: San Joaquin Hills Rd & San Miguel Drive Purchase Order Newport Beach, CA COMPREHENSIVE SOIL ANALYSIS Date Recd: 08/19/2016 Date Printed : 08/25/2016 Page : 1 of 1 Half Sat NO3-N NH4-N PO4-P K Ca Mg Cu Za Mn Fe pH ECe ppm ppm ppm ppm ppm ppm ppm ppm ppm ppm Organic Lab No. Sample Description -Sample ID tlSlm dry M TEC Qua] Sufficiency Factors Lime San Joaquin Hl 16 7A 28 10 21 424 1057 145 1A 11.1 5 31 s 02272 75 None 13 1.d 1.1 3.0 09 0.9 1.5 3.0 01 09 San Joaquin #2 36 6.6 28 27 20 232 2584 401 Ld 17.8 5 51 12.1 02273 tib None zz 0.8 0.5 10 09 t.0 11 2.0 0.3 0.6 San Miguel#3 30 67 W 30 19 284 2239 407 2.5 190 20 20 8.2 022]4 157 None 31 0.9 0.5 1.3 09 12 13 24 41 0.3 San Miguel #4 31 68 61 33 17 288 3090 547 26 8.6 49 21 9,0 02215 215 None 32 t5 0.5 t] 0.9 1.2 0.9 0.8 2.1 02 San Miguel #5 30 12 51 27 19 216 3093 552 59 19.1 39 40 7.4 02276 207 None 30 1.3 0.5 O6 09 12 20 is 1.7 OA Saturation Extract Values Percent of Sample Passing 2 mm Screen Ga Mg Na K B 504 SqR Gravel % Sand Silt Clay USDA Soil Classification Lab No. Coarse Fine Very Coarse Coarse Med. to Very Fine ,002-.05 0-.002 off m,IL Thai meral ppm rami 5-12 2.5 1-2 0.5-1 0.05-0.5 8.0 197 202 206 33.9 tt0 14.2 Gravelly Sandy Loam 02272 67 3.6 4.2 0.9 0.19 24 1.9 0.3 5.4 15.0 1.2 0.37 10.1 5.1 02 57 7.0 15.2 565 50 162 Sandy Loam 02273 17.3 6.2 11.6 127 10.0 230 397 110 162 Gravelly Sandy LWm 02274 12.5 a7 211 1.6 0.51 126 105 21A 1A 0A2 15.3 6] 4.6 18.5 7.4 134 29.9 17.0 322 Gravelly Sandy Clay Loam 02275 15.1 114 192 0.7 0.50 12.0 5.3 1.0 12A 22 52 39.3 23.0 302 Sandy Clay Loam 02276 Sufficiency factor (10-sudicienl for average crop) balance each nutrient value. N factor based on 200 ppm conduct Ned SAR = Sodium adsorption alio. Had Encumber%=apPx field moisture rapacity Nitrogen(N), Poores m(K). Catdffidi and Magnesium(Mg) by sommor chloride a martem Phosphoms(P) by sodium bicarbonate extraction. CoppegCu), Zinc(Zn), ManganesetMn) B moire) by DTPA extraclian. Sat. and. method for salinity (ECe es d5lmt eomn (B). SUdela(SO 41. Sodium(Na). Gravel fraction expressed as percent by wail of overA ed sample passing a 12mmDQ inch) sieve. Partnere sizes Ia millimeters. 0yanic percenuge determined by Welkley-Black or Loss on Ignifwn. LOw . SUFFICIENT , HIGH j PI -12 N?�