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Home My WebLink AboutC-7500-1 - Newport Island Park EnhancementsMay 12, 2021 Green Giant Landscape Inc. Attn: Donald L. Henderson 941-A Macy Street La Habra, CA 90631 Subject: Newport Island Park Enhancements — C-7500-1 Dear Mr. Henderson: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 rnx newportbeachca.gov On May 12, 2020, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 14, 2020 Reference No. 2020000218723. The Surety for the contract is Philadelphia Indemnity Insurance and the bond number is PB11510400981. Enclosed is the Faithful Performance Bond. Sincerely, 1 f' Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT B CITY OF NEWPORT BEACH BOND NO. PB 11510400981 - premium is based on 100% of the final contract amount" FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 6,100.00 being at the rate of $ 20.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Green Giant Landscape, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of removing and disposing of existing concrete sidewalk, stone wall, resilient surfacing, drinking fountain, electrical cabinet, guardrail and shed; relocating irrigation controller; replacing trash receptacles, benches, picnic tables and BBQ grills; furnishing and installing resilient surfacing, drinking fountain, steel railing and doggie waste dispenser; renovating existing walls; installing provided shed; constructing hardscape and concrete bulkhead; installing landscape and other incidental items to complete the work in place required by the Contract Documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Philadelphia Indemnity Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Five Thousand Dollars ($305,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, orfails 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 Green Giant Landscape Inc. Page B-1 expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in 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 2nd day of December 20 19 Green Giant Landscape, Inc. o Name of Contractor (Principal) Authon ignaturef ill Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Avenue, Suite 360, Pasadena, CA 91101 Address of Surety (626)639-1328 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 2 u t� By; Aaron C. Harp ryy.tq City Attorney Authorized Wnt Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Green Giant Landscape Inc. Page B-2 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Anotary 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 y,/)& } On ' before me, �t& IU iejc! i ) �(La t1. � �Y'U (Here main name and Dae of tnda mer personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 bffficjal al. /L I c Notary Pu i na ! ` (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATI DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tide) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other l bar n r=rm• I I., iei;'. Q:i -t q-@ 98R � i ROSIE TOLEDO-HENDE0.50N Notary Public • California f. Orange County Commission N 2271185 My Comm. Expires Dec 15, 2022 INSTRUCTIONS FOR COMPLETING THIS FORM ON This for'n complies with current California statutes regarding rotary wording and, if needed, .should he completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long os the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the some date the acknowledgment is completed. • 'The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural fors by crossing off incorrect forms (i.e. he/she/thet,- is /are) or circling the correct fors. Failure to correctly indicate this information may lead to rejection of document recording. • 'rhe notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, rc-seal if a sufficient area permits, otherwise complete a different acknowledgment tor. • Signature of the notary public most match the signature on rile with the office of the county clerk. i• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. fi Indicate title or type of attached document, number of pages and dale. Indicate the capacity claimed by the signer. If the claimed capacity is it corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely unach this document Io the sinned document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orang On DEC 0 2 1019 Date personally appeared before me, Summer L. Reyes, Notary Public Here Insert Name and Title of the Officer Matthew J. Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SUMMER REYES Notary MER • California z :`: ER 1. Orange County i = Commission # 2158864 M Comm. Expires Jul 29, 2020 Place Notary Seal Above certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: 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: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 6346 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL. PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. (bats and Matthew J. Casts of Coats Surety Insurance Services, Inc., its true and lawful Attemey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000.00. This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Hoard of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 141" of November. 2016. RESOLVED: 'That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FARTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attomey so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSIRUMENT '1'0 BE SIGNED AND ITS CORPORATE. SEALTO BE AFFIXED BY ITS AUTHORIZED OF'F'ICE THIS 27... DAY OF OCTOBER, 2017. (Sed) Robert D. O'Leary L'., President & CEO Philadelphia Indemnity Insurance Company On this 27" day of October. 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal ofseid Company; that the said Corporate Seal and his signature were duly affixed. COMMONNE MOF v I NJLMWSfAL Mebn,wMml ryPoe Notary Public: ]MComM,ebnflpina401 ]S. iO]I ,[� aernn residing at: (Notary Scat) My commission expires: tm H -11 Bala Cvnwvd PA September 25, 2021 1, Edward Sayago, Corporate Secretary of PI BLADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27" day of October, 2017 are true and correct and are still in full force and effect, I do further certify that Robert D. O'Leary Jr., who executed (he Power of Attorney as President, was on the date pf execution of the attached Power of Altofney the duly elected President of PHIL.ADF.LPI IIA INDEMNITY INSURANCE COMPANY. M In'1'eslimony Whereof[ have subscribed my name and affixed the facsimile seal ofeach Company this � _ day of �lzi l- 20 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE: COMPANY July 20, 2020 Green Giant Landscape Inc. Attn: Donald L. Henderson 941-A Macy Street La Habra, CA 90631 Subject: Newport Island Park Enhancements - C-7500-1 Dear Mr. Henderson: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca,gov On May 12, 2020 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 14, 2020, Reference No. 2020000218723. The Surety for the bond is Philadelphia Indemnity Insurance Company and the bond number is PB 11510400981. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT A CITY OF NEWPORT BEACH BOND NO. PB 115104 00981 Premium: Included with Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Green Giant Landscape, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of removing and disposing of existing concrete sidewalk, stone wall, resilient surfacing, drinking fountain, electrical cabinet, guardrail and shed; relocating irrigation controller; replacing trash receptacles, benches, picnic tables and BBQ grills; furnishing and installing resilient surfacing, drinking fountain, steel railing and doggie waste dispenser; renovating existing walls; installing provided shed; constructing hardscape and concrete bulkhead; installing landscape and other incidental items to complete the work in place required by the Contract Documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Philadelphia Indemnity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Five Thousand Dollars ($305,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Green Giant Landscape Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 2nd day of December , 2019 . Green Giant Landscape, Inc. Name of Contractor (Principal) Authoriz ignature/Title Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Avenue, Suite 360, Pasadena, CA 91101 Address of Surety (626)639-1328 Telephone APPROVED AS TO FORM: CITY ATTORNEY'$ OFFICE Date:" / Z UG Aaron C. Harp ftW t1.4.( j City Attorney Authorized 4 'nt Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title NC)7AI1 YACKNOWL.F7JGMK"N];S OF CONIWAGYOR ANI) SURETY MUS l BE: A77ACllED Green Giant Landscape Inc. Page A-2 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Vo Yin& ) On "(� ' f �( before me, Y v i� U (eC� 0 i•i� lOev'5pY1. �0 Vt% �Gt�j�( [✓ / ,} !Here mean name arN qac of rlMot,krer) t personally appeared L Y1Gt iG� C- • W-y1d et/�GY`} 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 ADDITIONAL OPTIONAL INFORI DESCRIPTION OF THE ATTACHED DOCUMENT (T91e or description of attached document) (Title or description of attached document continued) of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other _ 'IInI'/- t.,_.,. , ,.see ri x.1-11,.'. ,.'i r., t ROSIE TOLEDO-HENDERSONN v Notary Public • California O +,F '11•- 3 mrpe County . `• Commission p 2271195 ^•"'• MY Comm, Expires Dec 15, 2022 (Notary Public Seal) INSTRUCTIONS FOR COMPLETING TRIS FORM This Jori complies with current California statutes regarding notary wording and, if needed should he completed and attached to the document. Acknowledgment, .Qvnr other.slares may be completed for documents being sent to that state so long as the warding does not require the California notary to violate California notary law. • Slate and County information most be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • 'Ihe notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the namc(s) of document sigucr(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shelthey,—is /are) or circling the correct forms. Failure to correctly indicate this infonnatiou may lead to rejection ordocume t recording. • 'Ibe notary sent impression must be clear and Photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -scat if a sufficient area permits, otherwise complete a different acknowledgment foam. • Signature of the notary public must match tine signature on file with the office of the county clerk. { Additional infonnatiou is not require(] but could help to comm this acknowledgment is not misused or attached to a different document. S Indicate title or type ofattachel document, numberof pages and (Lite. Indicate the capacity claimed by the signer. If the claimed capacity is a co pmmte officer, indicate the tide (i.e. CFO, CFO, Scewtary). m Securely mlach ]his danunenl h, the v�gncd dacnorcol with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) OnQE before me, Summer L. Reyes, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SUMMER L. REYES Notary Public • California Z Orange County z '- Commisslan # 2158664 M Comm. Ez fires Jul 29, 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Ml Signall 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: Capacitypes) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): LI Partner — ❑ Limited ❑ General ❑ Individual I I Attorney in Fact ❑ Trustee ❑ Guardian or Conservator [7 Other: Signer Is Representing: _ Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual C_] Attorney in Fact ❑ Trustee ❑ Guardian or Conservator L_] Other: Signer Is Representing: _ idwF3C`�S�F�J'�C�ir'�.k.�^ei��RTfi+YiG`L`Fn":4'E%G't:!367.r4"�'4'P%Z'.cF,x.`£'�vF�.�v'�.@�Cn`Zi6�`S0.Y-'' i '�fje-'X>`$'e�"L:Z;F'Iv`F,%�°.= n�t�i..�'.'3J'6'd^C:^�2`rSi`t:dj`�..��•.W'i.2n^F 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 6345 PHILADELPHIA INDEMNITY INSURANCF.COMPANV One Bala Plant, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL, PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats and Matthew J. Coats of Coats Surety Insurance Services, Inc, its lore and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50.000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 140 of November, 2016, RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27711 DAY OF OCTOBER, 2017. On this 27" day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by Inc duly sworn said that he is the therein described and authorized officer of the 11111 LADELPI IIA INDEMNI'T'Y INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal ot'said Company; that the said Corporate Seal and his signature were duly affixed. C •O10NWV ayYOFe V I a01LL6Es.M_xs, Notary A � •wa••xmh. xw.NFynu. NPublic: e..•a.nm re..•w„iw�o..rcwmx Ncw.ml•ronrrprn• mx� qn residing at: (Notary San]) My commission expires: Bala Cynwyd PA September 25, 2021 _ I, Edward Sayago, Corporate Secretary or PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power or Attorney issued pursuant thereto on the 27°i day of October, 2017 are true and correct and arc still in full force and ellcct. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNI'T'Y INSURANCE COMPANY. III testimony Whereof I have subscribul my name and allixa{ the litcsimilc seal of each Company this 77 Aj -d1ry of PP't^,.y_t rj-J , 20 N 4fi ` 192?Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY ,,,..s,.._. -�c-s tAAi:/ •�rttff.el'}'" Y.•��tY� M �,O'�'J�.�` 1-0 (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27" day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by Inc duly sworn said that he is the therein described and authorized officer of the 11111 LADELPI IIA INDEMNI'T'Y INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal ot'said Company; that the said Corporate Seal and his signature were duly affixed. C •O10NWV ayYOFe V I a01LL6Es.M_xs, Notary A � •wa••xmh. xw.NFynu. NPublic: e..•a.nm re..•w„iw�o..rcwmx Ncw.ml•ronrrprn• mx� qn residing at: (Notary San]) My commission expires: Bala Cynwyd PA September 25, 2021 _ I, Edward Sayago, Corporate Secretary or PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power or Attorney issued pursuant thereto on the 27°i day of October, 2017 are true and correct and arc still in full force and ellcct. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNI'T'Y INSURANCE COMPANY. III testimony Whereof I have subscribul my name and allixa{ the litcsimilc seal of each Company this 77 Aj -d1ry of PP't^,.y_t rj-J , 20 N 4fi ` 192?Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY ,,,..s,.._. -�c-s Batch 6442572 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 3 of 5 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE * $ R 0 0 1 1 6 8 3 7 0 4 S 202000021872310:30 am 05114120 214 502A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Green Giant Landscape Inc., La Habra, California, as Contractor, entered into a Contract on November 19, 2019. Said Contract set forth certain improvements, as follows: Newport Island Park Enhancements - C-7500-1 Work on said Contract was completed, and was found to be acceptable on May 12. 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Philadelphia Indemnity Insurance Company. M Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. https://gs.secure-recording.corn/Batch/Coiifirmatioii/6442572 05/14/2020 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Green Giant Landscape Inc., La Habra, California, as Contractor, entered into a Contract on November 19, 2019. Said Contract set forth certain improvements, as follows: Newport Island Park Enhancements - C-7500-1 Work on said Contract was completed, and was found to be acceptable on May 12, 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Philadelphia Indemnity Insurance Company. No Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on I�, 0W at Newport Beach, California. BY i SEW Pp�T City Clerk 0 % CITY OF NEWPORT BEACHp4'r NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 11:00 AM on the 29th day of October, 2019, at which time such bids shall be opened and read for NEWPORT ISLAND PARK ENHANCEMENTS PROJECT NO. 19L01 Contract No. 7500-1 $330,000 Engineer's Estimate Approved by Fames M. Houlihan uty PWD/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 Mouse Graphics at (949) 548-5571 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" with "C-27" and "D-12" or subcontractors with "C-27" and "D-12" For further information, call Patrick Arciniega, Project Manager at (949) 644-3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.gov/government/open-transparent/online-services/bids-rfps- vendor-registration City of Newport Beach NEWPORT ISLAND PARK ENHANCEMENTS PROJECT NO. 19L01 Contract No. 7500-1 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................ 6 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA.......................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER........................................................................... 21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 K City of Newport Beach NEWPORT ISLAND PARK ENHANCEMENTS PROJECT NO. 19L01 Contract No. 7500-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted 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 ACKNOWLEDGEMENT (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. Original copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above h be n revi wed. Contractor's License No. & Classification horized 9 n ture/Title 000000 31� 0-30 W � 0/Z"t, �(� DIR Registration Number & Expiration bate Date br^e( I /" �td, �CA LA Bidder 5 Citv of Newport Beach NEWPORT ISLAND PARK ENHANCEMENTS PROJECT NO.19L©1 Contract No. 7544-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally heli and firmly bound to the City of Newport Beach, a charter city, in the principal sum of an percent of the total amount of the bid Dollars ($ 10% J, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Princ oal for the construction of NEWPORT ISLAND PARK ENHANCEMENTS, Contract No. 75th I in the City of Newport Beach, is accepted by the City Councfi 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 indiviaual, 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 28t day of Green Giant Landscape, Inc. Name of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Avenue, Suite 360, Pasadena, CA 91101 Addrew of Surety 626-639-1328 Telephone Matthew J. Coats, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) C= 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 I ss. On , 2b before me, Notary Public, personally appeared 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/sheAhey executed the same in his/herltheir authorized capactty(les), and that by histher/tneir 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 Cardomia that the foregoing paragraph is true and correct. WITNESS my hand and oifiaal seal. Signature (seat) OMONAL #MMMATM Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer D Cheek here If CapacMies) claimed by Signer(s): no Owmbpft Trustee or " Power of Attorney is avaaable. CEO/CFO/COO President 1 Vice -President / Secretary 1 Treasurer Other. Other Information: 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 Califomia County of On , 20 before me, Notary Public, personalty 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/shelthey executed the same In his/her/their authorLted capacity(les), and that by his/herltt+eir 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. WETNESS my land 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 Califomia County of On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same In histher/their authorized capacity(es), and that by hWherltheir 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 taws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document. State of California ) County of Orange ) On OCT 2 8 2019 before me, Date personally appeared Matthew J. Coats Summer L. Reyes, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SUMMER L. REYES Notary Public - California • `4 Orange County Z Commission # 2158864 D M Comm. Expires Jul 29, 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �'" U'1✓`i l Signa a of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(es) Claimed by Signer(s) Signer's Name: =; Corporate Officer — Title(s): Partner — I Limited :�] General 71 Individual Ej Attorney in Fact Q Trustee Guardian or Conservator Other: Signer Is Representing: Signer's Name: E Corporate Officer — Title(s): Partner — ❑ Limited ❑ General C Individual ❑ Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: ©2014 National Notary Association • ATA,/.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 6283 PHiL.ADELPHIA INDENINiTY INSURANCE CONTPANY One Bala Plaza_ Suite 140 BalaC�n%NNd-PA I9004-09:+0 Power of Attoruev KNOW AI..L PERSONS BY THESE PRESENTS: That I'll ILADELPHLY INDEMNITY t.NSLRANCE CO:bMPANY (the Company). a corporation organized and existing wider the laws of the Commonwealth ol' Pennsylvania, does hereby constitute and appoint Linda D. Coats and Matthew J, Coats of Coats Surety Insurance Services, inc- its true and lawfid Attorney-in-lact with full authont) to execute on its Behalf bonds, undertakings, recognisances and other contracts of indemnity and t%ritings obligator in the nature thereof; issued in the course of its husincss and to hind the Compan} therchy. in an amount not to exceed S51000,000.10 This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14"' of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorneys) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts or indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto, and (2) to remove. at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile. and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF.. PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE: SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THiS 271" DAY OF OCTOBER, 2017. (Seal) Robert D. O'Leary Ir., President & CEO Philadelphia Indemnity Insurance Company On this 271t' dap of October, 2017, belbre me came the individual who executed the preceding instrument, to me personally known, and being by me duly s),vom said that he is the therein described and authorized officer of the PHILADELPHIA iNDEMNITY INSURANCE COMPANY: that the seal affixed to said instrument is the Corporate seal ofsaid Company; that the said Corporate Seal and his signature were duly affixed. cO uo rl OF N Kv 1 IOfMut aEn_ Abgan<n�DD. xuWry Dv�kc Notary Public: /4eommnfenf 1pms =+Dl 25.n21 R�V�L residing at: (Notary Seal) yly commission expires. Bala Cvnwtid, PA September 25- 2021 1. Edward Saya Pa. Corporate Secrctan of PHILADELPHIA INDIiMNITY iNSURANC[. COMPANY, do hereby certiA. that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27'" day of October, 2017 are true and correct and are still in lull force and eflbcti do further certify that Robert D.OTcary Jr, who executed the Power of Attorne% as President, was on du date of execution of the attached Power of Attorney the duly elected President ofPHiL.ADE-LPHIA INDEMNITY INSURANCE COMPANY in Testimony Whereof i have subscribed my name and atfixed the facsimile seal ofeach Company this 0A day of 1019e( , 2O 4 l 9 Fdward Savage, Corporate Secretary PHILADF,I..PHIA INDEMNITY INSI RANCi•. CONIPA:VY' Fm:90 1, �: 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 Ova YII } On /� � before me, ie�. 10led. o .. [Jrylffmft �'!y�U��j�( tJ ere insert name and We o theYo icer personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha a d seal. eSY l Notary Pubr igna a V (Notary Public Seal) ROSIE TOLEDO-HENDERSON a Notary Public - California , r` s rM Orange County Commission N 2271185 My Comm. Expires Dec 15, 2022 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This forst complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT (needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (1 ille or description of attached document) a State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /are) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection ofdocument recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document, number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version va,rrri.ldoLaryClasses.carr? 800-811-3-9865 Securely attach this document to the signed document with a staple. City of Newport Beach NEWPORT ISLAND PARK ENHANCEMENTS PROJECT NO. 19L01 Contract No. 7500-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid 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. Bidders must also include DIR registration numbers for each subcontractor. Bidder uthorized nature/Title M City of Newport Beach NEWPORT ISLAND PARK ENHANCEMENTS PROJECT NO. 19L01 Contract No. 7500-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name 14 ' ` c(ay-- 1ti1w, l p1 C� 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 $120,000, provide the following information: No. 1 Project Name/Number Project Description �(Pay Approximate Construction Dates: From Z(J To: - Agency Name W © � Contact Person 71 A , 'y K g ( eo Telephone (7/q ) % (/5' -- S Original Contract Amount $ Final Contract Amount $ (Q YL `/ 0U If final amount is iffar nt from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number i��iV1ZG�iM �� Project Description V�' V"{vwyk H U� Approximate Construction Dates: From C To: Agency Name d� /-41c (U- cyr Contact Person `kL Vo Ual Telephone 0H 5 S 0 U Original Contract Amount $ T� &U Final Contract Amount $ 9;.q7 000 If final amount is�different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. &)(0 No. 3 Project Name/Number a'1'v�Gt AJg(A Project Description 0,AA C-C)AC'V-&4t,1 tAV1tA ' Approximate Construction Dates: From d To: S LZ 0 Agency Name �7 �-`X S&}Jw kU/j Contact Person / Vl f Lt 0 �h Z - Telephone (4f) —5077Y Original Contract Amount $ -; 77'Wb Final Contract Amount $ '57 7 Z) D If final amount is different from original, please explain (change orders, extra work, etc.) I—J a Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yeas, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number �a✓}�� Project Description Pa,VV- V- CeIPti1}y , Hj J-Y� Approximate Construction Dates: From u '61 (o To: Agency Name G J (2v P,oC.' Contact Person �� 1 �� `0"'�/ Telephone V1 Z"t �. Original Contract Amount $ 12950)06() Final Contract Amount $ If final is different from original, please explain (change orders, extra work, etc.) 1 Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number F0(e_ L")i1 5 Project Description I r Approximate Construction Dates: From % (( To: Agency Name RyLl1� Cp4 SU��+Y�C�"1 Contact Person ��U�� (/Uee�- Telephone 0(j) Original Contract Amount $ 'UQ Final Contract Amount $ 3 '�; UO J If final amount i�plifferent from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Ud 12 No. 6 Project Name/Number &*a ej P Yyvo r a) 6n i'yaW A oavCl�elvl Project Description IMS ;,old )1 (n•y d6 Co L,7 , ho,,vc45ccCr.XJ Approximate Construction Dates: From 0 To: `i (ZQ( .J Agency Name 'ave Contact Person 1aG{/✓i1 ��-�Q�� G.� , Telephone pGI ZU' -G01 U Original Contract Amount $�� Final Contract Amount $ 20G ` -Z) If final amount is different from original, please explain (change orders, extra work, etc.) LI tk Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit aal of the Contractor's current financial conditions. LkreGi 41Gf- t 44tdl�Ze- kj& Bidder Authorized gignkbreftitle 13 City of Newport Beach NEWPORT ISLAND PARK ENHANCEMENTS PROJECT NO. 19L01 Contract No. 7500-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of _1- IJ ^ n` 0011a ( t , I -11i � U"S� being first duly sworn, deposes and says that he or she is of (%>✓eevl (itc--, 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 o e tate alifor/Teitle rect. ia Bidder Authorized Subscribed and sworn to (or affirmed) before me on this-Aday of ,,6 �� , 2019 by Ufm_ �� (✓ 401(� %V�A proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of Calif a t e regoing paragraph is true and correct. r Notary Public t^. ROSIE TOLEDO-HENDERSON Notary Public - California [SEAL] Orange County Commission k 2271185 My Comm. Expires Dec 15, 1022 14 My Commission Expires: City of Newport Beach NEWPORT ISLAND PARK ENHANCEMENTS PROJECT NO. 19L01 Contract No. 7500-1 DESIGNATION OF SURETIES Bidder's name Ne-eln 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): r L2 S 04q-qs-g -/000 102 -0 q -( 15 City of Newport Beach NEWPORT ISLAND PARK ENHANCEMENTS PROJECT NO. 19L01 Contract No. 7500-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name Wef ll 61 U 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. 16 Current Record Record Record Record Record Year of for for for for for Record 2018 2017 2016 2015 2014 Total 2019 No. of contracts - C Total dollar Amount of 63.q � Contracts (in vwill� Thousands of $) N; No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to 'U 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. 16 Legal Business Name of Bidder Oa f (u-, • Business Address:� - ;, S 0, ("40y_� qo{� 3j Business Tel. No.: State Contractor's License No. and Classification: 7 D t/ 7' TitleyPSGIc� 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 Signatur bic 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. MOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On �� i �� before me, ksierTU1eAJ0 1��1 5�r1-LIQyu�'uG��f v tt'' (Here insert name and title of 1110icer) I - -- personally appeared Y�Gt �C� 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 I seal. Notary Public Sig lt fur (Notary Public Sea]) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version ww w.NotaryClasses.com 800-873-9865 • „�a .,N r�4lf ROSI 0-HENDERSON Notary Public - California . -'•. ° Orange County Commission My N 2271185 Comm, Expires Dec 15, 2022 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding [rotary wording and, if needed, should be completed and attached to the document. Aclatowledgments f•om other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they,— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. City of Newport Beach NEWPORT ISLAND PARK ENHANCEMENTS PROJECT NO. 19L01 Contract No. 7500-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name 0 re -en Of ,12 — La ty/(5c 61 1, w (P2C The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Page 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT c —��P `� / FO FiN/ ADDENDUM NO. 1 NEWPORT ISLAND PARK ENHANCEMENTS PROJECT NO. 191-01 CONTRACT NO 7500-1 DATE: Al,BY: puty PWD/City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents – all other conditions shall remain the same. A. CONTRACT: 1. Replace Bidder's Bond p. 6 with the attachment. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Oreeo G/'�tg+ Ea M;&k- pe, h4 c� Bidder's Name (Please Print) Authorize Attachments: - Bidder's Bond, p. 6 ignature & Title i Pg. 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT V � � \ �P FO R� ADDENDUM NO. 1 CONCRETE REPLACEMENT PROGRAM PROJECT NO. 20R06 CONTRACT NO 7682-1 DATE: Ca G ! BY: `-�I- e uty PWD/City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents - all other conditions shall remain the same. A. CONTRACT: 1. Replace Bidder's Bond p. 6 with the attachment. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) Date Authorized Signature & Title Attachments: - Bidder's Bond, p. 6 City of Newport Beach CONCRETE REPLACEMENT PROGRAM Proiect No. 20R06 Contract No. 7682-1 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 Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CONCRETE REPLACEMENT PROGRAM, Contract No. 7682-1 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 day of 2019. Name of Contractor (Principal) Name of Surety Address of Surety Telephone Authorized Signature/Title Authorized Agent Signature Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 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 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 (seal) Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. 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 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 0 (seal) City of Newport Beach NEWPORT ISLAND PARK ENHANCEMENTS PROJECT NO. 19L01 Contract No. 7500-1 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: 6nerl of'd , (A140GjC L Y �146 Business Address: NO MCaw�v� LA (f�,) `Ar M q 06 31 Telephone and Fax Number: California State Contractor's License No. and Class (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: 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: (� 01A01 � � L I P �N� V�u-n �'- esi'c 4,-,�— 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 Vu 014 Iraq, 3 N Corporation organized under the laws of the State of �- ct I i tyv Vlk/� 19 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: � 1 1-6 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: � 0 Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; .Ail l �,- Have you ever had a contfact terminated by the owner/agency? If so, explai4 Have you ever failed to complete a project? If so, explain. A)6 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 com Nance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No 20 Are any claims or actions unresolved or outstanding? Yes No) If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Do-y'a is L. 4md-ev'�-cy\ 'nt name of Owner or President of C poration/C mpany) bra b« �C� (A V -1-156w► (o , - Bidder Authorized nature/Title Title ba On 11 4 before me, N!� (i I�ledO { �VIG �"�Jl� Notary Public, personally appeared nLt of L _ A -c vt etlsry 1 , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han - I eal. (SEAL) Nota ubli In for said State My Commission Expires: 21 ROSIE TOLE DO- HENDERSON Notary Public - California County A Orange Commission # 2271185 My Comm. Expires Dec 15, 2022 City of Newport Beach NEWPORT ISLAND PARK ENHANCEMENTS PROJECT NO. 19L01 Contract No. 7500-1 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. PA NEWPORT ISLAND PARK ENHANCEMENTS CONTRACT NO. 7500-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 19th day of November, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GREEN GIANT LANDSCAPE INC., a California corporation ("Contractor"), whose address is 941-A Macy Street, La Habra, California 90631, 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 removing and disposing of existing concrete sidewalk, stone wall, resilient surfacing, drinking fountain, electrical cabinet, guardrail and shed; relocating irrigation controller; replacing trash receptacles, benches, picnic tables and BBQ grills; furnishing and installing resilient surfacing, drinking fountain, steel railing and doggie waste dispenser; renovating existing walls; installing provided shed; constructing hardscape and concrete bulkhead; installing landscape and other incidental items to complete the work in place required by the Contract Documents (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. 7500-1, 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 Three Hundred Five Thousand Dollars ($305,000.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Donald L. Henderson to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Green Giant Landscape Inc. Page 2 Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Donald L. Henderson Green Giant Landscape Inc. 941-A Macy Street La Habra, CA 90631 Green Giant Landscape Inc. Page 3 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. 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. Green Giant Landscape Inc. Page 4 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 Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City Green Giant Landscape Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be Green Giant Landscape Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 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 California Political Reform Act of 1974 (the seq., which (1) require such persons tc foreseeably be materially affected by the � prohibit such persons from making, or I foreseeably financially affect such interest. may be subject to the provisions of the "Act") and/or Government Code §§ 1090 et disclose any financial interest that may fork performed under this Contract, and (2) articipating in making, decisions that will 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. 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. Green Giant Landscape Inc. Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. inconsistencies between this Contract and terms of this Contract shall govern. In the event there are any conflicts or any other attachments attached hereto, the 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. Green Giant Landscape Inc. Page 8 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. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Green Giant Landscape Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTOI)NEY'§ OFFICE Date: I I 2 1 R By: 14., F,,r * Aaron C. Harp WIW It•tivii City Attorney ATTEST: Date: I , rajlz�,4y, ,1Wma 1 0- R NMI .. _l3r'l .7-atz ®` C Q-tIFC-) f��o CITY OF NEWPORT BEACH, a California municipal corporation Date: ?Z/z3A, /R By: Will O'Neill Mayor CONTRACTOR: GREEN GIANT LANDSCAPE INC., a California corporation Date: Signed in Counterpart By: Donald L. Henderson Chief Executive Officer and Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Green Giant Landscape Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Datezapiq :_ I By: 46't��- f--v4t Aaron C. Harp w 1%.11-il City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Diane B. Dixon Mayor CONTRACTOR: GREEN GIANT LANDSCAPE INC., a California corporation Date: Donald L. H erson Chief Executive Officer and Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Green Giant Landscape Inc. Page 10 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. PB 115104 00981 Premium: Included with Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Green Giant Landscape, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of removing and disposing of existing concrete sidewalk, stone wall, resilient surfacing, drinking fountain, electrical cabinet, guardrail and shed; relocating irrigation controller; -replacing trash receptacles, benches, picnic tables and BBQ grills; furnishing and installing resilient surfacing, drinking fountain, steel railing and doggie waste dispenser; renovating existing walls; installing provided shed; constructing hardscape and concrete bulkhead; installing landscape and other incidental items to complete the work in place required by the Contract Documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Philadelphia Indemnity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Five Thousand Dollars ($305,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. Green Giant Landscape Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 2nd day of December , 2019 Green Giant Landscape, Inc. Name of Contractor (Principal) Authoriz ignature/Title Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Avenue, Suite 360, Pasadena, CA 91101 Address of Surety (626)639-1328 Telephone APPROVED AS TO FORM: CITY ATTORN Y' OFFICE Date: 2 Z_ 0lq By: ��.Aaron C. Harp #U4) City Attorney AGthorlze-d-40nt Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Green Giant Landscape Inc. Page A-2 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, ��v iCG �O I ed U - {-�•eil&115d f7, �4 b -N �L 611 v t( ��11(ere insert name an title o t o )) icer personally appeared I�il Y'1�AISO K) 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hd I eal. ROSIETOLE DO HENDERSON my IC ' ' - Notary Public - California Orange County #f . Commission # 2271185 My Comm. Expires Dec 15, 2022 Notary ublic gat (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with curr-errt California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/the)-,— is /ate ) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document, number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 `;`��`C`1,-`i�..'.:S'�??/a::?/x;.:��:/...'�..1.'�C`.kz�(`.i27.f:ti'.Sia',"`�'eC;':�?�C'�?i�:'."�.:i�':.fF,'XG..`C.".kK'.fl�"+-:ii�:.l4�:;PiG'n�::�"�.�F�/.. ::i`C`..4iC`f� �?i��^i'la?2i: �".✓S:'t�./..."�.cC'�rY`x"`,�t 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 ) DEC 0 2 2019 On Date personally appeared before me, Matthew J. Coats Summer L. Reyes, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws -+ - of the State of California that the foregoing paragraph SUMMER L. REYES is true and correct. Notary Public - California Z WITNESS my hand and official seal. Z . -m Orange County Z Z Commission # 2158864 D My Comm. Expires Jul 29, 2020 Signature Signa? of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 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: ©2014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 6345 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats and Matthew J. Coats of Coats Surety Insurance Services, Inc., its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'b of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER, 2017. On this 27s day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA NOTARIALSEAL Morgan Knepp, Notary Pub4a NotaryPublic: Lower Mekn'F*P,. Mon 4-e County NVC—i,. on E%Mms Sepl. 25.2021 MEWEa. —FWTMEP residing at: (Notary Seal) My commission expires: Bala Cynwyd, PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27" day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. % Ad Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this _ day of I/�4,e$M b _ . , 20 l9 12 7R Edward Sayago, Corporate Secretary (Seal) PHILADELPHIA INDEMNITY INSURANCE COMPANY Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27s day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA NOTARIALSEAL Morgan Knepp, Notary Pub4a NotaryPublic: Lower Mekn'F*P,. Mon 4-e County NVC—i,. on E%Mms Sepl. 25.2021 MEWEa. —FWTMEP residing at: (Notary Seal) My commission expires: Bala Cynwyd, PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27" day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. % Ad Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this _ day of I/�4,e$M b _ . , 20 l9 12 7R Edward Sayago, Corporate Secretary ��e' PHILADELPHIA INDEMNITY INSURANCE COMPANY EXHIBIT B CITY OF NEWPORT BEACH BOND NO. PB 115104 00981 "premium is based on 100% of the final contract amount .. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 6,100.00 , being at the rate of $ 20.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Green Giant Landscape, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of removing and disposing of existing concrete sidewalk, stone wall, resilient surfacing, drinking fountain, electrical cabinet, guardrail and shed; relocating irrigation controller; replacing trash receptacles, benches, picnic tables and BBQ grills; furnishing and installing resilient surfacing, drinking fountain, steel railing and doggie waste dispenser; renovating existing walls; installing provided shed; constructing hardscape and concrete bulkhead; installing landscape and other incidental items to complete the work in place required by the Contract Documents in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Philadelphia Indemnity Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Five Thousand Dollars ($305,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable Green Giant Landscape Inc. Page B-1 expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in 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 2nd day of December ,20 19 Green Giant Landscape, Inc. Name of Contractor (Principal) Philadelphia Indemnity Insurance Company Name of Surety 251 S. Lake Avenue, Suite 360, Pasadena, CA 91101 Address of Surety J626)639-1328 Telephone APPROVED AS TO FORM: CITY ATTORNEY'§ OFFICE Date: Zol By: Aaron C. Harp Wa►+ t�-y.i9 City Attorney r Authori ignature/Title Authorized A@fnt Signature _ Matthew J. Coats, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Green Giant Landscape Inc. Page B-2 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of V(a On before me, lei, 0 {-�iOey5oo_ 1 � l'U �W,)It v �! (Here insert name and title of thdofricer) / personally appeared He Kid n 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 c' I al. Notary i na r (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of allachad document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-9865 ROSIETOLEDO-HENDERSOr; Notary Public California { Orange County Commission tf 2271185 My Comm. Expires Dec 15, 2022 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments fi•on: other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. #e/she/they,- is /afe ) or circling the correct forms. 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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On DEC 0 2 1019 before me, Summer L. Reyes, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SUMMER L. REYES Notary Public •California z ; "� Orange County z Z ' Commission # 2158864 D My Comm. Expires Jul 29, 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signal6e of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: L1Corporate Officer — Title(s): ElPartner — [ILimited 11General [IIndividual L1Attorney in Fact LlTrustee L1Guardian or Conservator L1Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — El Limited El General ❑ Individual L1 Attorney in Fact ❑ Trustee El Guardian or Conservator ❑ Other: Signer Is Representing: ";V��K�K�.�,C.'." UVZv:7v<�Z;x>"�::;�'e:. ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 6346 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats and Matthew J. Coats of Coats Surety Insurance Services, Inc., its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'b of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27TH DAY OF OCTOBER, 2017. On this 27N' day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSMMIA NOTARIAL SEAL Mogan Knapp.NOlary Publie ry Nota Public: Lower Merian lwp..Momgomery Court My Commissbn EEpMs Sepl. t5.20� I MEWER.REYYgRYwY Ino residing at: (Notary Seal) My commission expires: fm�ye---,Wy� Bala Cynwyd, PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27's day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. d In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day ofj>eeA4e-4- , 20. 1 2 fEdward Sayago, Corporate Secretary L ' PHILADELPHIA INDEMNITY INSURANCE COMPANY � ; ;gip �tt-�•�.►^a•�"* �. Acv (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27N' day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSMMIA NOTARIAL SEAL Mogan Knapp.NOlary Publie ry Nota Public: Lower Merian lwp..Momgomery Court My Commissbn EEpMs Sepl. t5.20� I MEWER.REYYgRYwY Ino residing at: (Notary Seal) My commission expires: fm�ye---,Wy� Bala Cynwyd, PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27's day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. d In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day ofj>eeA4e-4- , 20. 1 2 fEdward Sayago, Corporate Secretary L ' PHILADELPHIA INDEMNITY INSURANCE COMPANY From: EXIGIS RiskWorks <notifications@riskworks.com> Sent: Monday, December 23, 2019 1:07 PM To: Morgan, Shelby Subject: City of Newport Beach: Notice of Compliance for Green Giant Landscape, Inc. Dear Business Partner, The insurance documentation submitted on behalf of Green Giant Landscape, Inc. satisfies the minimum insurance requirements for City of Newport Beach and has been verified as compliant. No further action is required at this time. You will receive a renewal notice requesting updated insurance documents in advance of expiration. If you have any questions, please contact EXIGIS Risk Management Services at support,exi is�com_ or 800-430-1589. Thank you for your cooperation and timely fulfillment of this important request. Sincerely, EXIGIS Risk Management Services On behalf of City of Newport Beach 800-430-1589 supportkexi ig s.com Organizational Unit: City of Newport Beach -> Public Works Agreement Name: Newport Island Park Enhancements Agreement Number: 7500-1 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 Green Giant Landscape Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to 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 documents referenced in this Contract must be returned to City within ten Green Giant Landscape Inc. Page C-2 (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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 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 Green Giant Landscape Inc. Page C-3 entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Green Giant Landscape Inc. Page C-4 Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Green Giant Landscape Inc. Page C-5 City of Newport Beach NEWPORT ISLAND PARK ENHANCEMENTS PROJECT NO. 19L01 Contract No. 7500-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7500-1 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: Date Bidder's Telephone and Fax Numbers b -10 4�1� �, C Bidder's License No(s). and Classification(s) DIR Registration Number Midder Bidder's Aut orized Signature and Title (I G l - A AJI D a i, Sf . Lll I+ hyk 6W Bidder's Address 1 Bidder's email address: ag( •Go YYi PR -1 City of Newport Beach Page 1 NEWPORT ISLAND PARK ENHANCEMENTS (C-7500-1), bidding on October 29, 2019 11:00 AM (Pacific) Printed 10/29/2019 Bid Results Bidder Details Vendor Name Green Giant Landscape, Inc. Address 941-A Macy St La Habra, CA 90631 United States Respondee Donald Henderson Respondee Title President Phone 562-690-6208 Ext. Email greengiantoffice@aol.com Vendor Type License # CADIR Bid Detail Bid Format Electronic Submitted October 28, 2019 4:05:37 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 194065 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Submittal C no. 7500-1 Green Giant Landscape Inc BID SUBMITTAL C No 7500-1.pdf General Attachment Island Park Bid Bond ISLAND PARK BID BOND.pdf Bid Bond Line Items Type Item Code UOM Qty Unit Price Line Total Comment C-7500-1 Newport Island Park Enhancements 1 Mobilization and Demobilization LS 1 $8,000.00 $800.00 2 Construction Fencing LF 200 $10.00 $2,000.00 3 Site Survey LS 1 $3,000.00 $3,000.00 4 Clearing and Grubbing SF 500 $10.00 $5,000.00 5 Palm Tree Removal EA 1 $1,500.00 $1,500.00 PlanotBWi ;' 1w- City of Newport Beach Page 2 NEWPORT ISLAND PARK ENHANCEMENTS (C-7500-1), bidding on October 29, 2019 11:00 AM (Pacific) Printed 10/29/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Erosion Control/NPDES Compliance LS 1 $5,000.00 $5,000.00 7 Demolish Existing Resilient Surfacing, Containment Edging, etc. SF 1150 $10.00 $11,500.00 8 Unclassified Excavation CY 5 $100.00 $500.00 9 Play Sand Removal (In Improvement Areas Only) CY 24 $100.00 $2,400.00 10 Demolish Existing Concrete Paving (Sidewalk) SF 850 $7.00 $5,950.00 11 Demolish Existing Concrete Bulkhead (Under Railing) LF 100 $150.00 $15,000.00 12 Salvage Exposed Stone on Wall & Demolish Wall Remnants LF 19 $100.00 $1,900.00 13 Existing Site Furnishing Removal EA 10 $30.00 $300.00 14 Existing Shed Removal EA 1 $4,000.00 $4,000.00 15 Remove & Install Electric Utility Cabinet LS 1 $15,000.00 $15,000.00 16 Install Resilient Surfacing SF 1350 $20.00 $27,000.00 17 Repair & Reconnect Drainage (Below Resilient Surfacing) LS 1 $2,500.00 $2,500.00 18 Install Concrete Sub -Slab (Below New Resilient Surfacing Areas) SF 180 $8.00 $1,440.00 19 Install Concrete Play Edging LF 80 $100.00 $8,000.00 20 Compacted Fill CY 8 $200.00 $1,600.00 21 Install Concrete Paving (with Epoxy Coated Rebar) SF 1000 $15.00 $15,000.00 F'Iinett3ids, Iric, City of Newport Beach Page 3 NEWPORT ISLAND PARK ENHANCEMENTS (C-7500-1), bidding on October 29, 2019 11:00 AM (Pacific) Printed 10/29/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 22 Install Concrete Bulkhead (36" Deep x 8" Wide) LF 110 $400.00 $44,000.00 23 Install Decorative Steel Railing at Bulkhead LF 110 $300.00 $33,000.00 24 Furnish & Install Picnic Table EA 2 $2,000.00 $4,000.00 25 Furnish & Install Benches EA 5 $1,500.00 $7,500.00 26 Furnish & Install BBQ EA 2 $1,000.00 $2,000.00 27 Furnish & Install Trash Receptacles EA 3 $1,000.00 $3,000.00 28 Furnish & Install Pet Waste Dispenser EA 2 $500.00 $1,000.00 29 Furnish & Install Drinking Fountain w/ Bottle Fill EA 1 $20,000.00 $20,000.00 30 Renovate Existing Walls (Stone Veneer + PIP Concrete Cap) LF 55 $200.00 $11,000.00 31 Shed Installation (Install Only, Shed Provided by City) LS 1 $5,000.00 $5,000.00 32 Soil Preparation/Fine Grading SF 200 $10.00 $2,000.00 33 Irrigation System LS 1 $26,040.00 $26,040.00 34 Relocate Existing Irrigation Controller LS 1 $5,000.00 $5,000.00 35 5 Gallon Shrubs EA 20 $40.00 $800.00 36 1 Gallon Shrubs EA 6 $20.00 $120.00 37 Shredded Hardwood Mulch (3" Layer) CY 2 $200.00 $400.00 City of Newport Beach NEWPORT ISLAND PARK ENHANCEMENTS (C-7500-1), bidding on October 29, 2019 11.00 AM (Pacific) Bid Results Type Item Code UOM Qty Unit Price 38 Turf Sod SF 350 $3.00 39 90 Day Maintenance LS 1 $1,000.00 40 Contractor -Provided As-Builts (Fixed Cost) LS 1 $1500.00 Subcontractors Name & Address Description Robertson Recreational Rubber Surfacing Surfaces - Tot Turf 2412 W.12 St Tempe, AZ 85281 United States Stewart Electric Electrical 21400 Orange Ave Perris, CA 92570 United States License Num 667261 406096 Subtotal Total CADIR 1000002700 1000020377 Page 4 Printed 10/29/2019 Line Total Comment $1,050.00 $1, 000.00 $1,500.00 $305,000.00 $305,000.00 Amount Type $20,000.00 $10,000.00 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT ISLAND PARK ENHANCEMENTS CONTRACT NO. 7500-1 SPECIAL PROVISIONS 1 PART 1 1 GENERAL PROVISIONS 1 SECTION 2 ---SCOPE AND CONTROL OF THE WORK 1 2-5 PLANS AND SPECIFICATIONS 1 2-6 WORK TO BE DONE. 1 SECTION 3 ---CHANGES IN WORK 2 3-3 EXTRA WORK 2 SECTION 4 ---CONTROL OF MATERIALS 2 4-1 MATERIALS AND WORKMANSHIP 2 SECTION 6 ---PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. 3 6-7 TIME OF COMPLETION 3 6-9 LIQUIDATED DAMAGES. 4 SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 4 7-8 PROJECT SITE MAINTENANCE 4 7-10 SAFETY 6 7-15 CONTRACTOR'S LICENSES. 7 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS. 7 SECTION 9 ---MEASUREMENT AND PAYMENT 7 9-3 PAYMENT 7 PART 2 14 CONSTRUCTION MATERIALS 14 SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 14 201-1 PORTLAND CEMENT CONCRETE SECTION 203 --- BITUMINOUS MATERIALS 203-16 RUBBERIZED PLAYGROUND SURFACES CONSTRUCTION METHODS APPENDIX A 1.01 POURED IN PLACE PLAYGROUND SURFACING 1.02 PERFORMANCE REQUIREMENTS 2.01 PRODUCT SCOPE 2.02 CUSHION LAYER SECTION 2.03 WEAR COURSE 2.04 BINDER 4.01 SITE PREPARATION 4.02 INSTALLATION 14 17 17 22 57 57 57 58 59 59 60 61 62 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT ISLAND PARK ENHANCEMENI CONTRACT NO. 7500-1 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. P -5262-S); (3) the Work Schedule, (4) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (5) Standard Specifications for Public Works Construction (2015 Edition), including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: hftp://www. newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PARI' 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.3 Shop Drawings and Submittals 2-5.3.1 General. Add to this section: "Contractor shall prepare and submit a 4 - inch by 6 -inch sample of each required flexible play surface for each material and color." 2-6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of removing and disposing of existing concrete sidewalk, stone wall, resilient surfacing, drinking fountain, electrical cabinet, guardrail and shed; relocating irrigation controller; SP 1 of 63 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT ISLAND PARK ENHANCEMENI ,. CONTRACT NO. 7500-1 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. P -5262-S); (3) the Work Schedule, (4) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (5) Standard Specifications for Public Works Construction (2015 Edition), including supplements. The City's Design Criteria, Standard Special Provisions and Standard Drawinqs for Public Works Construction are available at the following website: hfp://www. newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.3 Shop Drawings and Submittals 2-5.3.1 General. Add to this section: "Contractor shall prepare and submit a 4 - inch by 6 -inch sample of each required flexible play surface for each material and color." 2-6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of removing and disposing of existing concrete sidewalk, stone wall, resilient surfacing, drinking fountain, electrical cabinet, guardrail and shed; relocating irrigation controller; SP 1 of 63 replacing trash receptacles, benches, picnic tables and BBQ grills; furnishing and installing resilient surfacing, drinking fountain, steel railing and doggie waste dispenser; renovating existing walls; installing provided shed; constructing hardscape and concrete bulkhead; installing landscape and other incidental items to complete the work in place required by the Contract Documents." SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner SP 2 of 63 in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. 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.' 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 commencing any work. 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 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 60 consecutive working days after the date on the Notice to Proceed." The Contractor shall ensure the availability of all materials 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. A working day is any day within the period between the date of the start of the Contract time as specified in 6-1 and the date of field acceptance of the Work by the Engineer, other than: 1) Saturday, 2) Sunday, 3) any City holiday, defined as January 1St, 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 — half day), December 25th (Christmas), and December 31St (New Year's Eve SP 3 of 63 — half day). If January 1St, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday, 4) any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5) any day the Contractor is prevented from working at the beginning of the workday for cause as specified in 6-6.1, or 6) Any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as specified in 6-6.1. 6-7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturday only. A request for working during any of these 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 $146.00 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00." Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-8 PROJECT SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials SP4of63 7-8.4.2 Storage in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored on project site, streets, roads, parking lot, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $973.00 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $10 monthly charge for water usage and repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during saw -cutting 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 http://www.newportbeachca.gov/publicworks." 7-8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuuming 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 SP5of63 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. Contractor shall also comply with the Clean Air and Water Act summarized is Section S-1 of the Specifications. 7-10 SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition, also published by Building News, Inc. The Contractor shall maintain access to the all recreation facilities outside the construction areas at all times. In addition, the Contractor shall fence off the entire work area with a 6 -foot high screened temporary fence during construction." 7-10.4 Safety 7-10.4.2 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 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." 7-10.6 "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 at no cost to the Contractor. However, the City reserves the right to charge $1.50 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 signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs, which are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 300 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. SP6of63 Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess, at a minimum, General "A" Engineering Contractor's with a "D-12" (synthetic products contractor) license and "C-27" (landscaping contractor) license or licensed sub- contractors with D-12 and/or C-27. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a 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 drawings that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As -Built" drawings. The "As -Built" drawings shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT SP7of63 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, providing bonds, insurance, and financing; establishing a staging yard; delivering all required notifications; preparing the BMP Plan and construction schedule; providing submittals and sanitary facilities; attending all construction meetings; providing necessary traffic control; posting all necessary notifications and construction safety signage; and all other related work as required by the Contract Documents. Item No. 2 Construction Fencing: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to provide and construct a screened temporary construction/security fence around the perimeter of the project site to the satisfaction of the Engineer. Fencing shall include a dark privacy fabric and be secured to the ground in a safe manner; and all other work items as required to complete the work in place. Item No. 3 Site Survey: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to survey the project site for all existing conditions, including those both above and below the existing grade. Work under this item shall also include the staking layout of the improvements to be constructed and/or installed; protecting and restoring existing monuments and other survey items as required to complete the work in place. Item No. 4 Clearing and Grubbing: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove and dispose of existing grass, soil and debris in order to accommodate new concrete surface per Contract documents; and all other work items as required to complete the work in place. Item No. 5 Palm Tree Removal: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove and dispose of the existing palm tree next to the existing shed; and all other work items as required to complete the work in place. Item No. 6 Erosion Control/NPDES Compliance: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to implement the erosion control plan and other BMP measures deemed necessary by the City inspectors. Item No. 7 Demolish Existing Resilient Surfacing, Containment Edging, etc.: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove and dispose of the necessary existing wear course and SP8of63 cushion course surfaces and containment edging per the Contract Documents; and all other work items as required to complete the work in place. Item No. 8 Unclassified Excavation: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to excavate the soil necessary to construct the concrete bulkhead; and all other work items as required to complete the work in place. Item No. 9 Play Sand Removal (In Improvement Areas Only): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to excavate only the play sand necessary to remove in order to construct the improvements in the play area; the remainder of the play sand will remain as is in the play area where no new resilient surfacing or concrete hardscape paving will be installed; and all other work items as required to complete the work in place. Item No. 10 Demolish Existing Concrete Paving (Sidewalk): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove and dispose of concrete paving per the Contract Documents; and all other work items as required to complete the work in place. Item No. 11 Demolish Existing Concrete Bulkhead (Under Railing): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove and dispose of concrete bulkhead under the existing railing per the Contract Documents; and all other work items as required to complete the work in place. Item No. 12 Salvage Exposed Stone on Wall & Demolish Wall Remnants: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to salvage the exposed stone on the seat wall adjacent to the playground and demolish wall remnants; and all other work items as required to complete the work in place. Item No. 13 Existing Site Furnishing Removal: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove and dispose of the existing drinking fountain, two barbeque grill tops (protect in place barbeque grill posts), and to remove and salvage the two existing picnic tables and five benches (coordinate with City); and all other work items as required to complete the work in place. Item No. 14 Existing Shed Removal: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove and dispose of the empty existing shed; and all other work items as required to complete the work in place. Item No. 15 Remove & Install Electric Utility Cabinet: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove and dispose of the existing electric utility cabinet/pedestal, intercept the existing electric SP9of63 circuits and install new conduit and wire to the new electrical pedestal per the Contract Documents; and all other work items as required to complete the work in place. Item No. 16 Install Resilient Surfacing: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to install 3.5 -inch thick cushion layer; install 0.5 -inch thick colorized wear course, including high density colorized wear course per Contract Documents; and all other work items as required to complete the work in place. A receipt and manufacturer's warranty certificate stating the City as the owner of the new playground surface entitled to warranty coverage shall be provided under this payment item. See Appendix A of specifications. Item No. 17 Repair & Reconnect Drainage (Below Resilient Surfacing): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to perform all work necessary to repair and reconnect the drainage system beneath the resilient surfacing; and all other work items as required to complete the work in place. Item No. 18 Install Concrete Sub -Slab (Below New Resilient Surfacing Areas): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to compact the subbase and construct a 4 -inch thick P.C.C. base with thickened edge and dowel to the existing P.C.C. base per Contract Documents; and all other work items as required to complete the work in place. See Appendix A of specifications. Item No. 19 Install Concrete Play Edging: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to install the concrete play edging where the resilient surface connects to other surfaces; and all other work items as required to complete the work in place. See Appendix A of specifications. Item No. 20 Compacted Fill: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to place and compact to at least 95% all fill necessary to construct the concrete bulkhead; and all other work items as required to complete the work in place. Item No. 21 Install Concrete Paving (with Epoxy Coated Rebar): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to construct concrete paving per City of Newport Beach Std -180-L and the concrete paving detail in the plans; and all other work items as required to complete the work in place. Paving adjacent to concrete bulkhead shall be poured monolithic and epoxy coated rebar shall be utilized. Item No. 22 Install Concrete Bulkhead (36" Deep x 8" Wide): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to construct the concrete bulkhead per the detail in the plans; and all other work items as required to complete the work in place. The concrete bulkhead shall be poured monolithic with the adjacent concrete paving. SP 10 of 63 Item No. 23 Install Decorative Steel Railing at Bulkhead: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to install the steel railing per the detail in the plans; and all other work items as required to complete the work in place. Item No. 24 Furnish & Install Picnic Table: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to install new picnic tables as specified in the plans; and all other work items as required to complete the work in place. Item No. 25 Furnish & Install Benches: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to install new benches as specified in the plans; and all other work items as required to complete the work in place. Item No. 26 Furnish & Install BBQ: Work under this item shall include but not be limited to, the cost of all labor, equipment specified in the plans; and all other work place. and materials to install new BBQ grills as items as required to complete the work in Item No. 27 Furnish & Install Trash Receptacles: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials install new trash receptacles as specified in the plans; and all other work items as required to complete the work in place. Item No. 28 Furnish & Install Pet Waste Dispenser: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to furnish and install a new pet waste dispenser as specified in the plans; and all other work items as required to complete the work in place. Item No. 29 Furnish & Install Drinking Fountain w/ Bottle Fill: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to install a new drinking fountain as specified in the plans; connect to the existing water supply and waste lines; and all other work items as required to complete the work in place. Item No. 30 Renovate Existing Walls (Stone Veneer & PIP Concrete Cap): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to utilize the stones from the existing seat wall that will be demolished to repair the remaining seat walls; construct a concrete cap on the seat walls adjacent to the sandbox; and all other work items as required to complete the work in place. Item No. 31 Shed Installation (Install Only, Shed Provided by City): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to install a new shed that will be provided by the City, to the location specified in the plans; removing and disposing of the existing empty shed; and all other work items as required to complete the work in place. SP 11 of 63 Item No. 32 Soil Preparation/Fine Grading: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for conducting agronomy test, amending existing soil per the test results by rototilling to a minimum depth of 6 inches in areas where work is possible without disturbing existing tree roots, fine grading after installation of plant material, and prepare a smooth and properly drained landscape surface; and all other work items as required to complete the work in place. Item No. 33 Irrigation System: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for demolishing unneeded irrigation system and furnishing new irrigation related to new planters and turf areas, connecting to existing irrigation system; and all other work items as required to complete the work in place. Item No. 34 Relocate Existing Irrigation Controller: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for relocating the existing irrigation controller; and all other work items as required to complete the work in place. Item No. 35 Five Gallon Shrubs: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing new five gallon shrubs as specified on the plans, including soil amendments, backfill, fertilizers; and all other work items as required to complete the work in place. Item No. 36 One Gallon Shrubs: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing new one gallon shrubs as specified on the plans, including soil amendments, backfill, fertilizers; and all other work items as required to complete the work in place. Item No. 37 Shredded Hardwood Mulch (3" Laver): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing a new 3 -inch thick layer of mulch as specified on the plans; and all other work items as required to complete the work in place. Item No. 38 Turf Sod: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing new turf sod as specified on the plans, including soil amendments, backfill, fertilizers; and all other work items as required to complete the work in place. Item No. 39 90 -Day Maintenance: 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 90 -Day Maintenance Phase. Item No. 40 Contractor -Provided As-Builts: Work under this item shall include, but not be limited to, all costs necessary to provide as -built drawings. These drawings must SP 12 of 63 be kept up to date and submitted to the Engineer for review prior to request for progress payment. An amount of $1,500.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. 9-3.2 Partial and Final Payment. 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." SP 13 of 63 PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.1 General. The following paragraphs shall be added following paragraph 4: The cement utilized shall be Type IIN. No substitution of materials shall be permitted. The Contractor shall furnish the City's Representative with a copy of the mix design to be used and with a legible certified weight -master's certificate for each load of P.C.C. delivered to the project. Portland Cement Concrete delivered to the project site having a water content and/or slump greater than that specified in the mix design shall be rejected and removed from the project site. Contractor shall retain the services of a qualified State of California licensed civil engineer to provide a concrete mix design for each class of concrete in accordance with UBC Section 1905. Concrete mix design submittals shall bear the stamp and signature of the engineer approving the mix design as being consistent with project specifications and geotechnical report. 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement Concrete for construction shall be Class 560-C-3250." The strength of concrete shall be 3,250 psi for all concrete not otherwise specified with a maximum slump of four inches (4") for all concrete flatwork, walls, curb, gutter, walks, aprons, footings, foundations, sidewalks, access ramps, curbs and gutters, and cross gutters, mow curbs, columns, thrust blocks, seating, monument signs, etc. 201-1.1.3 The Water Cement Ratio (W/C) shall be 0.50 maximum. 201-1.1.4 Test for Portland Cement Concrete [Add the following]: All material shall comply with the latest editions of the American Concrete Institute (ACI) and Uniform Building Code. Testing of Portland cement concrete shall apply to all site concrete including but not limited to: concrete paving, walls, footing, etc. 2. Product Data: a) Submit complete materials list of items proposed for the work. Identify material source. SP 14 of 63 b) Submit admixture, curing compound, retarder, and accessory item product data. c) Submit material certificates for aggregates, reinforcing, and join fillers. 3. Submit concrete delivery tickets to Quality Control Manager. Show the following: a) Batch number b) Mix by class or sack content with maximum size aggregate c) Admixture d) Air content e) Slump f) Time of loading 4. Submit concrete test reports. 5. City will provide field quality control testing and inspection during concrete operations. 6. Contractor shall provide adequate notice, cooperate with, provide access to the work, obtain samples, and assist test agency and their representatives in execution of their function. 7. Strength Verification Contractor should present mix design to City Inspector for approval prior to pour. Contractor shall provide copies of concrete tickets verifying the strength requirements for every truck load of concrete (see also item 3 above). 201-1.1.5 Test for Portland Cement Concrete Concrete Installer [Add the following]: Contractor shall provide evidence to indicate successful experience in concrete placement and finishing work similar to that specified herein and who can demonstrate such successful experience through past project documentation and references. 1. Experience Period: Minimum five (5) years' experience. 2 Demonstration of Experience: Five (5) projects which have been completed within the past twenty-four (24) months utilizing similar products, scope, and complexity. SP 15 of 63 3. Supervision: Placement and finishing of concrete work shall be performed under the supervision of a person having a minimum of five (5) years' experience in the placement and finishing of products specified herein. 4. Previous projects shall be located in Los Angeles, Orange, Riverside, Ventura or San Bernardino Counties. A listing of projects and addresses shall be provided with the bid and shall be reviewed and approved by the City prior to award of the bid. Installer qualifications shall be submitted to construction manager with copies to the Architect for information purposes. Three (3) copies of previous experience shall be provided with the Bid Documents, at time of bid. Failure to provide this information will deem the Bid Submittal unresponsive. 5. The above pre -qualifications refer to any and all site / exterior concrete work identified on plans. 201-1.2 Materials 201-1.2.1 Portland Cement [Add the following]: 1. Lime: ASTM C207, Type S, containing 85% by weight of calcium oxide. 2. Lime Putty: Make from hydrated lime conforming to ASTM C207, pulverized to such fineness that 100% will pass a 50 mesh sieve. Mix lime in water, run through screen into box and age 48 hours. 3. Cement shall be Type V Portland Cement. 201-1.4 Mixing 201-1.4.3 Transit Mixer [Add the following]: Mixes a. Provide ASTM C94 ready -mixed concrete. Batch mixing at site not acceptable. 1. Strength: 3,250 psi minimum at 28 days for all concrete flatwork, curbs, seating, ramps, plaza area, etc. 2. Slump Range: 2" to 4" maximum b. Coarse aggregate shall consist of 3/4" aggregate - 3/8" aggregate for pump mix. C. Provide an approved water -reducing admixture in all concrete. SP 16 of 63 d. Provide an air -entraining admixture in all concrete. Air content 5% to 7%. e. Indicate water added to mix at job site on each delivery ticket. Show quantity of water added. Site water tempered mixes exceeding specified slump range will be rejected as not complying with specifications requirements. 201-2 STEEL REINFORCEMENT FOR CONCRETE 201-2.2 Reinforcing Steel. [Add the following paragraph immediately after the first paragraph]: #3 and #4 reinforcing steel shall be 40 grade #5 reinforcing steel shall be 60 grade Payment. [Add the following to this section]: Payment for steel reinforcement shall be included in the lump sum contract price for all related items, i.e., concrete ramps, walks, walls, structures, footings. 201-3.1 Expansion Joint Filler and Joint Sealants 201-3.2 Pre -molded Joint Filler [Add the following]: Expansion joint material shall be Deck -O -Foam by W.R. Meadows Corporation or approved equal — 1/4" in dimension. Install per manufacturers specifications (909) 469-2606. 201-4 CONCRETE CURING MATERIALS Curing compound shall be ASTM 309 or better. Concrete cure and seal shall be "clear" by Davis Colors, or approved equal. 201-4.4 Concrete Sealer Concrete sealer shall be Siloxane WB Concentrate sealer. Dilution to be 1:9 minimum to 1:7 maximum. Provided by Mike Davis of Innovative Concrete Products and Marketing, Inc. Phone: (949) 498-7077. Concrete sealer to be applied to all sidewalks. SECTION 203 --- BITUMINOUS MATERIALS 203-16 RUBBERIZED PLAYGROUND SURFACES 203-16.1 General. The Contractor shall hire an experienced sub -contractor or have crews experienced in constructing a 3.5 -inch thick cushion layer, with a 0.5 -inch colorized playground wear SP 17 of 63 surface, on a 4 -inch thick P.C.C. slab. The Contractor shall submit references for the sub -contractor's previous work involving the construction of rubberized play surfaces to the Engineer for approval. The flexible surface cushion layer shall consist of shredded styrene butadiene rubber (SBR) adhered with a 100 percent solids polyurethane binder. The colorized wear course shall be 0.5 -inch thick consisting of colorized Ethylene Propylene Diene Monomer (EPDM) particles or Thermal Plastic Vulcanized (TPV) granules with an Aliphatic Binder. The rubberized playground surface shall be "Poured -in-place playground surfacing" as manufactured by TotTurf or Engineer approved equal and available through: TotTurf 16059 E. Foothill Blvd Irwindale CA, 91706 Phone: (800) 858-0519 So. Cal Dist: Vince Brantley Phone: (714) 904-8219 The materials shall be installed by a factory -qualified installer. 203-16.2 Installation. The playground surfaces shall be installed per TotTurf specifications, or Engineer approved equivalent, to fully comply with ASTM and CPSC guidelines and standards for playground safety. Manufacturer's installation guidelines have been included as Appendix A for reference. 203-16.3 Warranty. Poured in place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and material for a limited (5) year period. Warranty will be specific to maintenance requirements and performance standards of completed product. High Density TPV poured in place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and materials for a limited seven (7) year period. Warranty will be specific to maintenance requirements and performance standards of completed product. SECTION 206 - MISCELLANEOUS METAL ITEMS 206-5.1 Metal Hand Rails. Add the following subsections: 206-5.1.1 The current rules and practices set forth in the American Institute of Steel Construction's Specification for the Design, Fabrication, and Erection of Structural Steel for Buildings: SP 18 of 63 Code of Standard Practice shall govern this work, except as otherwise noted or specified. Welding shall be used except where tack welding is specifically shown or permitted. All measurements shall be verified in the field before fabricating any item. All accessories or incidental items shall be furnished as required to fulfill the intent of the work, whether specifically shown or specified without additional cost to the City. SECTION 207 - PIPE 207-17 PVC Plastic Pipe 207.17.1 General [Add the Following:] A. PVC PLASTIC PIPE A.1 PVC plastic pipe (SCH 40) shall conform to the requirements of Section 207-17 of the Standard Specifications. Pipe class to be referenced in table 207- 17.1(A). PVC plastic pipe shall be constructed to the lines and grads shown on the plans for designated sizes and shall comply with the construction methods set forth in Section 306-12.13 of the Standard Specifications. A.2 PVC plastic pipe shall be measured and paid for at the contract unit bid price per linear foot for each designated size in accordance with Sections 306- 1.2.13 of the Standard Specifications and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in reinforced PVC plastic pipe, complete in place, as shown on the plans, and as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. B. SANITARY SEWER PIPELINE (4" AND 6" PVC) B.1 Sanitary Sewer (4" And 6" PVC) C installation shall conform to the following standards and specifications. PVC Pipe -ASTM D-2321 Pipe bedding for PVC sewer pipe shall be '/2 -inch crushed rock per Section 200- 1.2 of the SSPWC. The material used for construction of gravity sewer collection system shall be new and unused PVC pipe and shall conform to the specifications as set forth in SSPWC Subsection 207-17. All pipe shall conform to ASTM D-3034 and shall have a minimum SDR of 35. SP 19 of 63 Testing shall conform to SSPWC Sections 306-1.2.12 (Mandrel) and 306-1.4.4 (Air Pressure). Should any section of pipeline fail to pass these tests, the pipe shall be removed and repaired or replaced, and re -tested, until it satisfactorily passes the test. B.2 Payment for Sanitary Sewer pipe will be in accordance with Subsection 306-1.6 of the SSPWC and additionally shall include fittings, permanent and temporary resurfacing and replacing striping in kind. Measurement and payment for constructing Sanitary Sewer pipe will be made at the contract unit price per linear foot stated in the bid. The contract price shall include full compensation for furnishing all materials, labor, tools, equipment, transportation, and other incidentals necessary to satisfactorily complete the work as specified herein and shown on the plans. C. PRIVATE PVC WATERLINES (1/2" to 3") C1. Methods and Materials: Installation of PVC SCH40 waterline shall conform to SSPWC subsection 207-17.1 and 306-1.2.13. PVC pipe shall be constructed to the lines and grades shown on the plans for designated sizes. C.2 Testing shall conform to SSPWC Sections 306-1.2.12 (Mandrel) and 306- 1.4.4 (Air Pressure). Should any section of pipeline fail to pass these tests, the pipe shall be removed and repaired or replaced, and re -tested, until it satisfactorily passes the test. C.3 Measurement and Payment: Payment for PVC water pipe will be in accordance with subsection 306-1.6 of the SSPWC and additionally shall include fittings, permanent and temporary resurfacing. Measurement and payment for construction PVC water pipe will be made at the contract unit price per linear foot stated in the bid. The contract price shall include full compensation for furnishing all materials, labor, tools, equipment, transportation, and other incidentals necessary to satisfactorily complete the work as specified herein and shown on the plans. D. TRENCHES FOR PRIVATE WATER AND SEWER D.1 This section covers trenching for water and sewer pipes and trenching for any other utility (i.e. drainage pipe) not covered by another Section of the specifications. Contractor shall locate all known utilities prior to trenching for new pipelines. The Contractor at the Contractor's expense shall repair any damage to existing or SP 20 of 63 new electrical, telephone or communication, gas, sewer, water, and storm drain, and irrigation facilities. Measurement and payment for trenching will be considered included in the price stated in the bid for the respective utility that requires trenching and no separate payment will be made thereof. D.2 Trench Safety: Before beginning excavation for a trench five feet or more in depth, the Contractor shall submit to and shall receive the acceptance (approval) of the Engineer of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground. Such plan shall be submitted at least five days before the Contractor intends to begin work on the trench. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer. Nothing herein shall be deemed to allow the use of shoring, sloping, or protective system less effective than that required by the Constriction Safety Orders of the Division of Industrial Safety. No excavation shall start until the Engineer has accepted the Contractor's shoring plans and Contractor has obtained a permit from State Division of Industrial Safety and given a copy of the permit to engineer. The Contractor shall provide and install adequate sheeting, shoring, and bracing, or equivalent method for the protection of life or limb, which shall conform to the applicable safety orders, when applicable. Nothing in these specifications shall be construed as imposing tort liability on the City or any of its employees. D.3 Measurement and payment for all work required by the contractor in connection with making trenches and excavation safe for workmen, inspectors, and the public shall be considered to be included in the bid item of work for which the trench was required. E TRENCH BACKFILL E.1 Imported Trench Backfill Imported trench backfill shall be required when native trench material has a moisture content greater than 4% above the optimum moisture content as measured in accordance with ASTM 1557, or does not meet the gradation requirements for imported trench backfill given below. Imported trench backfill shall include material one foot above the pipe up to the existing pavement structural section. All imported trench backfill material shall be a quarry waste or similar material with 100% passing a 3" screen, no more than 15% passing a #200 sieve and a sand equivalent of 20 minimum using California Test Method No. 217. SP 21 of 63 E.2 Measurement and payment for imported trench backfill shall be considered to be included in the bid item of work for which backfilling of trenches was required, and shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals for imported trench backfill in accordance with the Contract Document. No adjustment price will be made for any increase or decrease in the quantity of imported backfill used, regardless of the reason for such increase or decrease. F SANITARY SEPARATION F.1 Sanitary separation shall be maintained as required in the City and/or State Standard details. The Engineer shall be notified immediately upon discovery of conflicting sewer laterals. A field determination will then be made by the Engineer as to which method of sanitary separation shall be used. F.2 Measurement and payment for Sanitary Separation shall be considered to be included in the bid item of work for which sanitary separation was required. The above contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals for constructing sanitary separation in accordance with the Contract Document. No adjustment of unit price will be made for any increase or decrease in the quantity of sanitary Separation regardless of the reason for such increase or decrease. CONSTRUCTION METHODS SECTION 300- EARTHWORK SECTION 300.1 Clearing and Grubbing. [Add the following prior to the first paragraph]: 300-1.1 GENERAL: 1. All site grading, earthwork preparation, pre -saturation, compaction, etc. shall be as outlined in these specifications and the plan documents. 2. All clearing and grubbing, grading and earthwork shall be performed per plans, and technical specifications. 3. Following City approval of Contractor herbicide (Roundup or approved equal), and prior to the removal of turf areas, Contractor shall apply herbicide to all existing turf areas designated for removal within all proposed synthetic turf areas and not within 5' of the dripline of the adjacent existing trees. Any and all turf within 5' of existing trees shall be manually surface -scalped down to the beginning of the root zone and removed. SP 22 of 63 Contractor shall have a Licensed Pest Control Advisor submit to the City a Pest Control Recommendation for the application of any pesticide/herbicide on City property. It must be applied by a Qualified Applicator. Both of these licensees are regulated by the California State Department of Pesticide Regulation. The turf kill process shall last for a period of not less than 15 days to kill all living plant material (except existing trees). During the turf kill process, the area shall be allowed to dry out. Following complete turf kill (to be approved by Engineer) scalp turf areas down to the beginning of root zone. Any and all turf within 5' of drip line of trees shall be manually scalped down to the beginning of the root zone. Remove all scalped turf from the project site per Section 300-1.3. Following turf kill and removal, process exposed subgrade per Section 301. 4. Any and all earthwork/demolition within conducted with the oversight/supervision shall be imparted to existing trees. 5' of dripline of existing trees shall be of the City Arborist to verify no damage 5. Perform grading within contract limits, grading around trees, including adjacent transition areas to new elevations, levels, profiles, and contours indicated. 6. Any existing tree roots encountered which are 2" or greater in dimension shall be hand dug/excavated. Cutting of any roots 2" or larger in dimension will be performed under the supervision and approval of the City Arborist. No ripping of existing roots 2" or larger in dimension shall be permitted. 7. Removal of existing trees as noted on demolition plan shall include stump grinding of existing roots to a depth of 24". Contractor shall provide City approved backfill of stump ground holes. Resultant grade shall be compacted to 85% unless otherwise noted on plans or Geotech Report. Finish grade shall be smoothly feathered and transitioned to adjacent grade. Site Grading Perform grading within contract limits, including adjacent transition areas to new elevations, levels, profiles, and contours indicated. Check subgrade surfaces parallel to finished surface grades. Provide uniform levels and slopes between new elevations and existing grades. 2. Grade surfaces to assure areas drain away from structures and to prevent ponding and pockets of surface drainage. Check subgrade surfaces. Subgrade shall be free from irregular surface changes and as follows: a. The subgrade at any point shall not vary more than 0.10 foot above or below the grade established by the Improvement Plans if the structural section indicates placing surfacing on native material. SP 23 of 63 b. The subgrade at any point shall not vary more than 0.10 feet above the grade established by the Improvement Plans if the structural section indicates placing an aggregate base or sub -base material on native materials. C. Fine Grading: Fine grades shall be set to the grades/elevations established by the improvement plans. d. Paved Areas: Shape surface of fine grade areas to line, grade, and cross-section indicated. Check compacted subgrade. Subgrade shall be suitable to receive paving base materials, per Standard Specifications. Subgrade tolerance plus 0, minus 1/2". e. Granular Base: Check subgrade surface. Subgrade surface shall be smooth and even, free of voids, to the required subgrade elevation. Compacted subgrade shall be suitable to receive granular base materials per Standard Specifications. Tolerance 1/2" in 10'. 3. Uniformly distribute and spread soil. Provide additional imported topsoil to complete the work. Use loose, dry weed -free topsoil. Do not use muddy topsoil. Place during dry weather. 4. Fine grade topsoil eliminating rough and low areas to ensure positive drainage. Maintain levels, profiles, and contours of fine grades. 5. Remove stones, roots, weeds, and debris while spreading topsoil materials. Rake surface clean of stones 1" or larger in any dimension and all debris. Provide surfaces suitable for soil preparation provided under lawn and planting work. Contractor shall be responsible for 'rock picking' and removal of all rocks, stones, and boulders one (1) inch in diameter and greater in all areas not requiring concrete paving. Removal of rocks from site shall be in compliance with state and local codes. 6. Perform grading within contract limits, including adjacent transition areas to new elevations, levels, profiles, and contours indicated. Grading and earthwork for the new construction shall include excavation of the existing grade as necessary to "key" into existing grade the proposed surface. Spoils from such operations shall be relocated and stockpiled by the contractor. Provide subgrade surfaces parallel to finished surface grades. Provide uniform levels and slopes between new elevations and existing grades. 300-1.2 Preservation of Property [Add the following]: Consult the records and drawings of adjacent work and of existing services and utilities which may affect site work operations. 300-1.3 Removal and Disposal of Materials SP 24 of 63 Add to this Section: Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?paqe=157 and then selecting the link Franchised Haulers List. 300-1.3.1 General Add to this Section: The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. 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 Requirement [Add the following]: Add the following Section 300-1.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion Non -reinforced clean concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. Miscellaneous: In addition to the work outlined in Subsection 300-1 of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item. Maintain dust control at all times by watering; including developing water supply and furnishing and placing all water required for work done in the contract, including water used for extra work. 2. Provide for traffic control and all signs, barricades, striping and flashers necessary to maintain proper control, per approved Traffic Control Plans (as provided by contractor) SP 25 of 63 3. Protection and maintenance of utilities, trees, walls, and other facilities within the construction zone, except those specifically directed by the City Representative to be removed or relocated. 4. Other items of work as directed in these Special Provisions. 5. Remove asphalt concrete paving and base material. 6. Remove PCC concrete. 300-2 UNCLASSIFIED EXCAVATION Trenching/grading Adjacent to Existing Trees. The following subsection shall be added: Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and selectively removing tree roots that interfere with the work. The Contractor shall submit recommendations by its sub -contracting arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned or removed unless this submittal is returned to the Contractor as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway (949- 644-3083) 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 Pruninq 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.) SP 26 of 63 b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. 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. Where it is necessary to excavate/grade 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. 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. Any and all grading within 5' of dripline of existing trees shall be performed under the supervision of the City. 300-3 STRUCTURE EXCAVATION AND BACKFILL 300-3.1 General [Add the following to the first paragraph]: Footings shall bear on approved undisturbed bearing soil. 300-3.4 Inspection [Add the following after the first paragraph]: Contractor shall provide adequate notice, cooperate with, provide access to their work, obtain samples, and assist testing agency and their representatives in execution of their function. 2. Fill Materials: Contractor shall provide testing of proposed import materials to verify suitability for use, gradation of material, moisture -density relation by ASTM D1557 and percent of organic materials. 3. When, during progress of work, field tests indicate that installed compacted materials do not meet specified requirements, provide additional compaction until specified density is achieved or remove and replace defective materials with new materials as directed by the City Representative. Cost of additional labor, materials, and testing to attain specified density shall be at Contractor's expense. SP 27 of 63 4. Do not cover or enclose work of this section before obtaining required inspections, tests, approvals, and location recording. 5. Submit reports for testing and inspection of the following, as directed by the City Representative. a. Subgrade surfaces b. Footing subgrade 300-3.5 Structure Backfill [Add the following]: 1. All fill material is subject to testing and inspection. 2. Obtain inspection and approval of subgrade surfaces from the City Representative prior to filling operations. Scarify, dry, and compact soft and wet areas; remove and replace unsuitable subgrade materials with an approved compacted fill material. Take corrective measures before placing fill materials. 3. Soil stabilization: When exposed subgrade surfaces become spongy during construction operations and soil stabilization is required, stabilize subgrade materials, as directed by the City Representative. 4. Spread approved fill material per Section 800. 5. Compaction: a. Water settling, puddling, and jetting of fill and backfill materials as a compaction method are not acceptable. b. Maintain moisture content of materials, during compaction operations within required moisture range to obtain compaction density. C. Provide adequate equipment to achieve consistent and uniform compaction of fill and backfill materials. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES 303-1.1 General [Add the following paragraphs]: Concrete structures shall conform to the provisions of the Standard Specifications and herein. Reinforcing steel shall be Grade 60 epoxy -coated billet steel conforming to ASTM A615. The surfaces of all concrete structures shall receive a smooth trowel finish, unless otherwise specified on plans. SP 28 of 63 The Contractor shall furnish all labor, tools and materials to construct reinforced Portland Cement Concrete structures and appurtenant work to grades and dimensions shown on the Plans or staked in the field. The Contractor shall submit method and sequencing for placement of P.C.C. for the City's Representative approval at least ten (10) working days prior to commencement of work. Unless otherwise specified, transverse construction joints shall be placed in all reinforced sections at intervals of not less than ten (10) feet or more than fifty (50) feet. The joints shall be in the same plane for the entire structure and, for concrete thickness greater than 6 -inches, shall be keyed as directed by the City's Representative. 303-1.3 Forms [Add the following paragraphs]: Forms shall be braced to withstand the pressures developed and shall be tight to prevent the loss of mortar. Formed wall surface shall be free of any unevenness greater than 1/4 -inch when checked with a 10 -foot straight edge. A clear non -staining form release agent which will not discolor nor affect the surface texture of the concrete and does not react with any ingredients of the concrete shall be used. The cost of Furnishing and Placing Form Release agent shall be included in the cost of Portland Cement Concrete. All form work for concrete construction (mow curbs, paving, concrete curbs, gutters, walls, etc.) shall be reviewed and approved by City Representative prior to pouring of concrete. 303-1.7 Placing Reinforcement. 303-1.7.1 General [Add the following paragraph]: Aluminum and plastic supports for reinforcement shall not be used Bars shall be accurately spaced as shown on the Plans and spacing of first bar immediately adjacent to transverse construction joint shall be one-half the required spacing shown on the Plans. In no case shall the clear distance between parallel bars be less than 2-1/2 diameters of the bar, or a minimum of 2 -inches. Unless otherwise shown on Plans, embedment of reinforcing steel (other than stirrups and spacers) shall be 1-1/2 inches clear depth for #8 bars or smaller, and shall be 2 -inches clear for #9 bars and larger. Where placement of reinforcing steel requires alternate bars of different size embedment, requirements shall be governed by the larger bar. Stirrups and spacers shall be embedded not less than 1 -inch clear depth. Measurement of embedment shall be from the outside of the bar to the nearest concrete face. Tack welding or butt welding of reinforcing bars will not be permitted. 303-1.7.2 Splicing. [Add the following paragraph]: SP 29 of 63 Reinforcing bars may be continuous at locations where splices are shown on the plans, at the option of the Contractor. The location of splices, except where shown on the Plans, shall be determined by the Contractor, based upon using available commercial lengths where applicable. Splices shall consist of placing the reinforcing bars in contact and wiring them together in such a manner as to maintain the alignment of the bars and to provide minimum clearances. No lapped splices will be permitted at locations where the concrete section is not sufficient to provide a minimum clear distance of 2 -inches between the splice and the nearest adjacent bar. The clearances to the surface of the concrete shall not be reduced. Length of lapped splices shall be as noted on drawings. Splices of tensile reinforcement at points of maximum stress shall be avoided; however, any deviation from splices shown on the Plans shall be approved by the City's Representative. 303-1.8 Placing Concrete 303-1.8.1 General [Add the following paragraph]: The Contractor shall exercise caution in placement of concrete in walls and congested areas to ensure proper consolidation and that there are no voids, and protection of waterstops in position. Adequate provisions shall be made for visual inspection of concrete placement, consolidation and waterstop protection. Pouring of walls in lifts, use of smaller maximum aggregate sizes, or other methods as necessary may be proposed by the Contractor and will be permitted only after evaluation by the City Representative. 303-1.9.2 Ordinary Surface Finish. [Add the following paragraph]: Ordinary Surface Finish shall not apply to rock pockets which, in the opinion of the City Representative, are of such extent or character as to affect the strength of the structure materially or to endanger the life of the steel reinforcement. In such cases, the City Representative may declare the concrete defective and require the removal and replacement of the structure affected. 303-1.10 Curing. [Amend first paragraph with the following]: Exposed concrete surfaces shall be sprayed with Type 2 curing compound at a uniform rate of one gallon per 150 square feet. Concrete sealer shall be Siloxane WB Concentrate sealer. Dilution to be 1:9 minimum to 1:7 maximum. Provided by Mike Davis of Innovative Concrete Products and Marketing, Inc. Phone: (949) 498-7077. See manufacturer recommendations. 303-1.11 Payment [Replace paragraph one with the following]: SP 30 of 63 Portland Cement Concrete structures shall be included in the square foot contract price and shall include full compensation for furnishing all labor, materials, tools and equipment and doing all work required to construct the structure in conformity with the plans and specifications. Should the Contractor request and obtain permission to use admixtures for his own benefit, he shall furnish such admixtures and incorporate them in the concrete mixture at his expense, and no additional compensation will be allowed therefore. Should the City Representative direct the Contractor to incorporate any admixtures in the concrete when their use is not required by these specifications, furnishing the admixtures and adding them to the concrete will be paid for as Extra Work a provided in Subsection 3-3, as amended by these Special Provisions. 303-5 CONCRETE CURBS, CONCRETE PAVING, CONCRETE SEATING, WALKS, GUTTERS, ACCESS RAMPS, AND DRIVEWAYS. 303-5.1 Requirements 303-5.1.1 General [Add the following paragraph]: 8. Concrete curbs, ramps, and walks shall conform to the Standard Specifications and supplied herein in conjunction with Construction Document Plans and Details. 303-5.9 Measurement and Payment [Add the following to this section]: Payment for concrete work will be made as per shown on Bid Schedule and no additional compensation will be allowed. SECTION 304 - METAL FABRICATION AND CONSTRUCTION FOR ALL ORNAMENTAL METAL FENCING, GATES, GUARD RAILS, AND HANDRAILS 304-2.3 Ornamental Metal 304-2.3.1 General. The materials for ornamental metal items. 304-2.3.2 Fabrication: 1. Miscellaneous metal work which will be exposed to view shall only be fabricated with materials that are smooth and free of surface blemishes, including, but not limited to, pitting, seam marks, trade names, and roughness. Remove such blemishes by grinding or by welding and grinding prior to cleaning, treating or applying surface finishes. SP 31 of 63 2. Shop Assembly: Work shall be fitted, shop assembled, and ready for erection when identified on construction schedule. 3. Workmanship: Form metals to shape and size with sharp lines and angles, and with smooth surfaces and faces free from distortion. Mill fastening to a close fit. Do all fitting true to line. Bend or form all tubing, pipe, and other members to continuous and true curves with all joints flush and neatly fastened together. All fabrications shall be square, plumb, straight, and true. 4. Jointing and Connections: Jointing and intersections shall be accurately made in true planes and tightly fitted to hairline joints. Connections shall be welded. Do not use screws unless specifically shown or required - if used, screws shall be countersunk with a metal compatible with the members being joined. 5. Welding: Welding shall conform to the requirements of the "Structural Welding Code" ASW D1.1. Where welds are exposed to views, bevel members prior to welding and weld full. Grind welds flush, smooth, level with the adjacent surfaces. Grind welds at intersecting members to sharp lines. 6. Holes: Accurately space to centers such that boles are not poorly or carelessly seamed. 7. Anchorage: Fabricate and space anchoring devices to provide adequate support for intended use. 8. Insulation of metals from contact with masonry and different metals from contact with each other shall be provided where necessary to prevent corrosion. 9. Deburr and grind smooth all welds and rough spots. 10. All ornamental metal fabrications shall be abrasive blasted per SSPC-SP6 Commercial blast cleaning prior to the application of the zinc thermal spray. Surface must be free of all visible oil, grease, dust, dirt, mill scale, rust, coating, oxides, corrosion products, and other foreign matter. 11. Shop Applied — High Performance Coating System: a. Primer: All ornamental metal fabrications shall receive 2 to 4 mil. zinc thermal sprayed metalized primer per ANSUAWS C218.93, ASTM C633, ASTM B833-93, and SSPC-CS Guide 23.00, June 1, 1991. Contact: Zinc Nation, Inc. Contact: Whitney Blakeslee. Phone: 714- 239-6190. Contractor shall submit sample of metalizing for review and approval prior to metalizing ornamental metal items. Sample shall be SP 32 of 63 prepared by Zinc Nation or approved equal. Following metalizing, Contractor shall provide "Certification of Metalizing" by Zinc Nation to city prior to delivery of metal works to site. Certification shall note specific project name, location, Owner and a list of elements which were metalized (gates, fencing, handrails, guardrails, etc.) Failure to provide certification will require Contractor to return subject project elements to Zinc Nation for sand blasting, metalizing and subsequent application of specified coating (Tnemec Coating, See Sections 210 and 304) at no cost to Owner. b. Intermediate & Finish Coats: Epoxy/Polycarbamide, as provided by Tnemec Company Incorporated, or approved equal, 417 East Weber Avenue, Compton, CA 90222. Phone 310-637-2363. Fax 310-637- 4161. Web Site www.tnemec.com/tpc. Equivalent materials of other manufacturers may be substituted only by approval of the architect. Requests for substitution shall include manufacturer's literature for each product giving the name, generic type, descriptive information, solids by volume, recommended film thicknesses, performance criteria and a list of five projects where each product has been used and rendered satisfactory service. No request for substitution shall be considered that would decrease the film thickness or offer a change in the generic type of the coating. c. Intermediate: Tnemec Series L69 Hi -Build Epoxoline DFT 3.0 to 5.0 mils. d. Finish Coat: Tnemec Series 750 UVX, (Semi -Gloss) DFT 2.5 to 4.0 mils. e. Total DFT: 7.5 to 13.0 mils. (Including zinc metalizing) Color: To be selected by City 304-2.3.3 Installation: Ornamental metal items and fencing shall be erected in accordance with the plans. All work shall be erected square, plumb, straight, and true. Perform all required cutting, drilling, and filling. Accurately set and properly secure. Attach work in true planes, in alignment, properly reinforced and stiffened. 2. Embedded Items: Provide miscellaneous metal items to be embedded or installed in concrete. 3. Coordination with Related Work: Provide all anchors, sleeves, bolts, and connecting members necessary for securing metal work to other adjacent or adjoining work. Provide and install angles and other reinforcement. Do SP 33 of 63 all cutting, puncturing, drilling, tapping, or modifying of adjacent or adjoining work where necessary for proper installation. Furnish all sockets, bolts, anchors, and other portions of this work to the various trades where needed that are to be built into the structure and be responsible for their accurate spacing and setting. 4. Expansion and Contraction: Assemble and install work with adequate provisions to prevent objectionable distortion and overstressing from expansion and contraction. Construct to be weather -tight where exposed to the weather. 5. Touch-up Painting: Immediately after erection of Ornamental metal items and fencing, all bare steel areas including welds shall be thoroughly cleaned per SSPC-SP11 Power -Tool cleaning to white metal and spot primed with Tnemec Series 94-H20 Hydro -Zinc at 2.5 to 3.5 mils DFT. All other areas that the shop applied coating system has been damaged, abraded, or needs repair, shall be re -coated with the intermediate epoxy and polycarbamide finish coat to match all existing surfaces. If the ornamental metal includes nuts and bolts, these will need to be prepared prior to field painting by power tool cleaning per SSPC-SP3 and coating with the epoxy & polycarbamide coating to match existing structure. 6. Miscellaneous Steel Items: Provide all necessary steel items required which are not specified elsewhere. All necessary supports, guides, brackets, etc., shown or required shall be provided. 7. Provide a minimum 2 gallons of the epoxy and 1 gallon of the polycarbamide for field touch up paint to City for their on-going use. 304-2.3.4 Measurement and Payment: Payment for ornamental metal items and their painting shall be made as part of the lump sum contract price and no additional compensation will be allowed. SECTION 306 — OPEN TRENCH CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS 306-1.1.1 General [Delete the first paragraph and substitute the following]: For the purpose of shoring or bracing, a trench is defined as an excavation in which the depth is greater than five feet. [Delete the last sentence of the third paragraph and substitute the following]: SP 34 of 63 Removal of ground water shall be performed to a level sufficiently below the structure subgrade to ensure a firm and stable subgrade for the construction of structures. All costs for such dewatering shall be included in the prices bid for the various items of work except as may be otherwise specified in the General Specifications. 306-1.1.6 Bracing Excavations. [Add the following]: Trench safety and shoring of excavations shall comply with the requirements of the General Specifications. The Contractor shall be required to supply a copy of any permit required by the Division of Industrial Safety at the time of the pre -construction meeting. The cost of furnishing and installing bracing or other provisions required for worker protection shall be borne by the Contractor. All material used for protection shall be removed from the project unless it has been approved to remain in place by the City Representative. [Add the following Subsection]: 306-1.1.7 Dewatering The Contractor shall provide and maintain at all times during construction, ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing or floor shall be laid in water, nor shall water be allowed to rise over them until the concrete or mortar has set at least eight (8) hours. Water shall not be allowed to rise unequally against a wall for a period of twenty-eight (28) days. Dewatering for the structures and pipelines shall commence when ground water is first encountered and shall be continuous until such time as water can be allowed to rise in accordance with the above paragraph. Dewatering shall be accomplished by well points or some other method which will ensure a dry hold and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of the City Representative. Disposal of water from dewatering operations shall be the sole responsibility of the Contractor. Payment for removal of water shall be included in the items of work which require the dewatering, and no additional compensation will be allowed therefore. 306-1.3.4 Compaction Requirements. [Replace with the following]: All trench backfill shall be densified to 90% minimum relative compaction. Jetting will not be permitted unless specifically approved in advance by the City Representative. 306-1.5.2 Permanent Resurfacing [Add the following]: SP 35 of 63 All testing of underground installation at any given point shall be completed before the surface course is placed at that point. 306-1.6 Measurement and Payment Underground conduit construction shall be included in the lump sum contract price to include full compensation for furnishing and installing the pipe, including all trenching, bedding, backfill, temporary surfacing, handling and appurtenances, and utility protection, and no additional compensation will be allowed. LANDSCAPING AND IRRIGATION SECTION 800 - MATERIALS 800-1 LANDSCAPE MATERIALS 800-1.1 Topsoil [No change to "Greenbook"] 800-1.2 Soil Fertilizing and Conditioning Materials 800-1.2.3 Commercial Fertilizer [Add the following paragraphs]: Commercial Fertilizers shall be delivered in sacks with the manufacturer's label showing weight and analysis attached to each sack. The following commercial fertilizer and soil preparation shall be for bid purposes only. Exact quantities and recommendations may be determined by the soil fertility and agricultural suitability test to be prepared by Waypoint Analytical, (714) 282-8777 or approved equal testing facility. Tests shall be provided by the Contractor at no additional cost to the City and shall be included in the base bid. Test shall be performed after final grading has been completed and approved by the City. All areas to be landscaped with a slope of 3:1 or less shall be cross -ripped or otherwise tilled to a depth of 18 to 24 inches. Uniformly spread and cultivate amendments thoroughly by means of mechanical tiller into top 6" of soil in all planting areas. Application rate per 1,000 square feet: Commercial Fertilizer 6-20-20 Soil Sulphur Granular Gypsum Nitrogen stabilized sawdust ("Greenbook" — 25 pounds 20 pounds 100 pounds Type I Organic Amendment) 6 cubic yards Planting Tablets: Provide slow-release type with potential acidity of not more than 5 percent by weight containing the following percentages by weight of nutrients listed; 20 - nitrogen, 10 -phosphoric acid, 5 -potash, 2.6 combined calcium, 1.6 -combined Sulphur 0.35 -iron (elemental) from ferrous sulfate. Provide in 21 gram tablets manufactured by Agriform, or other approved. Landscape areas with gradients greater than 3:1 shall receive a uniformity broadcast application of the following: SP 36 of 63 300 lbs./Acre Nitroform (38-0-0, WIN 27%) 600 lbs./Acre 6-20-20 800-1.2.4 Organic Soil Amendment. Paragraph 1 shall be deleted and replaced with the following: Organic Soil amendment material shall conform to Type 1 unless otherwise designated. Delete paragraph references to Type 2 and Type 3 soil amendments. 800-1.2.5 Mulch. Sentence one of paragraph one shall be deleted and replaced with the following: Mulch: Provide `forest floor' (0"- 4") as supplied by Aguinaga Company, (949) 786- 9558, or approved equal. Submit sample for review and approval by City Inspector prior to material delivery on-site. The following subsection shall be added: 800-1.2.6 Soil Herbicide. Landscape areas: A commercially manufactured non-selective herbicide ("Round -up" or approved equal) for total control of vegetation products shall meet all federal and state regulations pertaining to the use of such substances. Application and rate of application shall follow manufacturer's recommendation. Application shall not be made until obtaining written approval from the City. Following City approval of Contractor herbicide, Contractor shall apply herbicide to all landscape areas. Such application shall be performed in consideration of overall construction schedule and operation so as not to disrupt or interfere with the project schedule and timeline. 800-1.4 Plants 800-1.4.1 General. Subsection 800-1.4.1 shall be deleted and replaced with the following: A representative number of plants may be inspected and approved at the nursery by the City Representative prior to shipment to the planting site. Prior to such visit, Contractor shall submit 3" x 5" color photographs of all proposed shrub material for City's review. Photos shall be submitted seven (7) calendar days prior to specified plant material review at nursery site. Plants shall be inspected for size and condition of root growth, insects, injuries and latent defects. Label at least one shrub of each variety with a securely attached waterproof tag bearing legible designation of botanical and common name. The City reserves the right to reject entire lots for plants represented by defective samples. Plant condition shall be in accordance with the American Standard SP 37 of 63 for Nursery Stock (ANSI Z60.1-1996). All plants shall have a growth habit normal to the species and shall be sound, healthy, vigorous, and free from insect pest, plant diseases, sun scalds, fresh bark abrasions, excessive abrasions, or other objectionable disfigurements. All plants shall have normal well-developed branch systems, and vigorous and fibrous root systems which are neither root nor pot-bound and are free of kinked or girdling roots. Other than the normal side pruning during the growth period, no pruning shall be done prior to inspection at the nursery. 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. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform with the measurements, if any, specified on the drawings in the list of plants to be furnished. Plants larger in size than specified may be used with the approval of the City, but the use of larger plants will make no change in contract price. Bare root plantings in publicly maintained areas shall be done only with special approval of City. Quantities and Types. Plant materials shall be furnished in the quantities and/or spacing as shown or noted for each location, and shall be of the species, kinds, sizes, etc., as symbolized, and/or described in the Plant Legend, as indicated on the drawings. The landscape Contractor is to verify all sizes and quantities on plans. Installation and use of substitute items shall not be made until the Contractor is in receipt of written approval from the City. Substitution Proposals for plant material must be accompanied by substantive written proof of non-availability of material originally specified prior to bid opening. Add the following subsection: 800-1.4.2.1.9 Fertilizer. A. Root Growth Stimulant: Stimulant shall be Vitamin B -I as manufactured by Cal - Liquid, Cooke, Chican, Ortho, or other approved equal. B. Fertilizer will not be used at time of planting. After four months, use a light application of 20:10:5 approximately 1/2 Ib. nitrogen per tree cultivated into soil. 800-1.4.5 Sod (turf grass) [Add the following after the last paragraph]: Turf Sod shall be Tifway II Bermuda Grass (42" wide rolls), provided by West Coast Turf (888) 893-8873. 800-2 Irrigation System Materials 800-2.1.1 General. The following paragraph shall be added at the end of the subsection: The manufacturer's directions and detail drawings shall be followed unless directed by the City Representative or shown differently in the plans and specifications. SP 38 of 63 800-2.1.3 Plastic Pipe for Use With Solvent Weld Socket or Threaded Fillings. Add the following before the first paragraph: General. Use only new materials of brands and types noted on drawings specified herein, or approved equals. Paragraph 2 shall be deleted and replaced with the following: PVC Pressure Main Line Pipe and Fittings shall be Class 315 PVC with bell and gasket - type pipe for pressure main pipes 2 inches and larger. PVC schedule 40 with solvent welded joints for pressure main piping of lesser diameter. PVC schedule 40 solvent welded piping shall be used for all non -pressure lateral line piping. The following paragraphs shall be added at the end of the subsection: All PVC pipe must bear the following markings: 1. Manufacturer's name 2. Nominal pipe size 3. Schedule or class 4. Pressure rating in P.S.I. 5. NSF (National Sanitation Foundation) approval 6. Date extrusion 7. U.P.C. shield logo (IAPMO approval) All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable I.P.S. schedule and NSF seal of approval Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of type recommended by the manufacturer and shall follow installation methods prescribed by the pipe manufacturer. 800-2.2.2 Gate Valves. The text of this subsection shall be deleted and replaced with the following: All valves shall be as identified on the Construction Documents and per City review and approval. 800-2.2.4 Remote Control Valves. Add the following after paragraph number one: Remote control valve manufacturer and sizes shall be as indicated in plans and legend. 800-2.2.6 Quick -Coupling Valves and Assemblies. The text of this subsection shall be deleted and replaced with the following paragraph: SP 39 of 63 Quick -coupling valves shall have a brass two-piece body designed for working pressure of 150 PSI. The quick -coupling valve shall have a built-in flow control and self-closing valve and shall be supplied in 3/4 -inch (19) size unless otherwise required. The valve shall be equipped with a locking green rubber or vinyl cover. When a quick -coupler assembly is specified, it shall consist of the valve, quick -coupler connection, and hose swivel. 800-2.2.7 Valve Boxes. Delete the first paragraph and replace with the following: Valve boxes and lids shall be as detailed on the Plans. The boxes shall be covered with an etched polyethylene face with an ultraviolet inhibitor. The lid shall be plastic, lockable, and embossed with the valve station number on its topside. Sizes and manufacturer of the valve boxes and lids shall be as indicated on the Standard Drawings. 800-2.2.8 Master Control Valves. The master control valve manufacturer and size shall be as indicated on plan and legend. 800-2.3 Backflow Preventer Assembly Add the following after paragraph number one: Unless otherwise instructed by the City Inspector, backflow assemblies shall consist of a brass reduced pressure/backflow prevention device with "Wye" strainer and 60 mesh screen as detailed and called out on the Project Plans. 800-2.4 Sprinkler Equipment The text of this subsection shall be deleted and replaced with the following: Irrigation bodies and nozzles shall be as indicated on plan and legend. Substitutions shall not be allowed unless by written authorization from the City of Santa Clarita. Irrigation bodies and nozzles shall feature low head drainage, pressure regulating, and pressure compensating features. Unless otherwise approved, all pop -ups and fixed riser assemblies shall consist of plastic and stainless steel materials. Smaller radii turf irrigation equipment shall consist of 6 -inch pop -ups. All smaller radii shrub and groundcover irrigation equipment shall consist of 12 -inch pop -ups, unless otherwise approved by the City. Smaller radii equipment are those components which irrigate within and under a radius of 22 feet. 800-3 ELECTRICAL MATERIALS 800-3.2.1 Conduit. [Replace paragraph with the following]: SP 40 of 63 Conduit shall be Schedule 40 PVC pipe as called out on the plans. Install per plans. Conduit shall conform to the applicable provisions of subsection 800-2.1.3. 800-3.2.2 Conductors [Add the following paragraph]: The electrical system shall be installed in accordance with the National Electrical Code most recently adopted by the City. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG-U.F. 600 volt. Pilot wires shall be a different color wire for each automatic controller. Common wires shall be white with a different color stripe for each automatic controller. Install in accordance with valve manufacture's specifications and wire chart. In no case shall wire size be less than #14. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. Install wires inside Schedule 40 Conduit anywhere it is not possible to place in pipe trench, or where wires must go under pavement. Conduit size shall be large enough to contain all necessary wires. Minimum conduit size shall be 2". Where more than one (1) wire is placed in at intervals of ten (10) feet. a trench, the wiring shall be taped together An expansion curl should be provided within three (3) feet of each wire connection and at least every one hundred (100) feet of wire length on runs more than one hundred (100) feet in length and also at each change of direction. Expansion curls shall be formed by wrapping at least five (5) ruins of wire around a one -inch diameter pipe, then withdrawing the pipe. All splices shall be made with 3M - DBY wire connector, or approved equal. Use one splice per connector sealing pack. Field splices between the automatic controller and electrical control valves will not be allowed without prior approval of the City. SECTION 801 - INSTALLATION 801-1 GENERAL The following paragraphs shall be added at the end of the subsection: Inspection will be required for the following parts of the work: a. At completion of rough grade prior to incorporation of soil amendments. b. Irrigation coverage test prior to initiating planting operations. C. At completion of incorporation of soil amendments and fine grading. d. Prior to digging plant pits for shrubs. SP 41 of 63 e. During backfilling of plant pits with amended backfill. f. Maintenance period shall not begin until final installation inspection is made, and establishment is verified. City inspector shall approve commencement date of maintenance prior to the commencement of said maintenance. 801-2 801-2.1 subsection: Final review and acceptance at the end of the maintenance period. EARTHWORK AND TOPSOIL PLACEMENT General. The following paragraph shall be added at the end of the The Contractor shall apply water as necessary to provide ideal moisture content for tilling and for planting as, herein specified. 801-2.2 Trench Excavation and Backfill. The second and last paragraph shall be deleted and the following added: The depth of cover over pipelines and conduits shall be per Drawings. The trenches shall not be backfilled until all required tests are performed. A fine granular material used for bedding and backfill will be placed on all lines. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand, or other approved materials, free from large clods of earth or stones. The finished surface shall be restored to the grade established prior to excavation. All mounding and divots shall be graded smooth to the satisfaction of the City Representative. If settlement occurs, and subsequent adjustments in pipe, valves, valve/utility boxes, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments. 801-2.2.1 Trenching and Backfilling Under Paving. The following subsection shall be added: Where irrigation lines are called for on the plans to be placed within a sleeve the PVC sleeve to be provided for such work shall be Schedule 40 PVC sleeve. 801-2.2.2 Trenching Adjacent to Existing Trees. The following subsection shall be added: SP 42 of 63 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. 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 free shall be kept shaded with burlap or canvas. 801-2.3 Topsoil Preparation and Conditioning 801-2.3.2 Fertilizing and Conditioning Procedures. The first paragraph of the subsection shall be deleted and replaced with the following: The planting areas shall be brought to rough grade whereupon Fertilizer and Soil Conditioning required for the native soils for the intended landscape planting shall be added based upon the recommendations of Soils Fertility and Agricultural Suitability Report. (See Section 800) The Contractor, at no additional cost to the City, shall make two additional soils tests for agricultural fertility and suitability and fertilizer and amendment recommendations of all planting areas upon completion of excavation, topsoil backfilling, and grading. The Contractor shall amend it as necessary to comply with the soils test report at no additional cost to the City. 801-2.3.3 Weed Control. The following subsection shall be added: Kill and remove all existing weeds from site areas utilizing post -emergent herbicide. Upon completion of the irrigation system and after all designated shrub and ground covers, existing weeds and growth have been removed from the planting areas. All areas shall be watered four (4) times daily until weed seeds have germinated for approximately 21 days or unless otherwise directed by the Engineer. Thereafter, watering shall cease for three (3) days to be followed by the spraying of a systemic herbicide containing the active ingredient glyphosate (Roundup -Pro, or approved equal). Spraying shall be at the labeled rate compatible with the eradication rate for the target weed species and shall be performed under the direction of a registered pest control advisor. After allowing sufficient time for the herbicide to kill all remaining weeds (2 weeks minimum), the areas to be landscaped shall be raked or hoed as directed by the Engineer to remove any remaining weed stubble. All areas shall be watered for an additional 14 (fourteen) day period and then receive an additional application of the systemic herbicide per manufacturer's recommendation. 801-2.4 Finish Grading. The following shall be added to the last sentence of the second paragraph. ...except where water is designed to flow over the same. The following paragraphs shall be added following paragraph two: SP 43 of 63 Finish grades shall be those indicated on the drawings or as may be controlled by existing installations. Grades not otherwise indicated shall be uniform, and straight graded between points where elevations are noted. Minor modeling of the ground surface may be required. Landscape areas to receive turf shall be rolled with a water drum in a north/south and then east/west direction. Low spots and high spots in the terrain shall be backfilled and tamped or bladed and spread. The resultant grade shall be smoothly, evenly contoured and compacted to 85%. The gradient shall be as noted on plans. Grading shall provide for the natural run-off of water without low spots or pockets. Flow lines shall be set by instrument and shall be the maximum gradient possible. 801-4 PLANTING 801-4.3 Layout and Plant Location. The following paragraph will be added at the end of the subsection: Quantities for shrubs and groundcovers shown on the legend are for estimate purposes only. Final quantities for plant materials installed shall be governed by the indicated plant spacing. Quantities for trees shall be verified in bid documents and discrepancies between the planting plans and the bid schedule shall be noted on bid schedule by Contractor at the time of bid submittal. In the event that designated plant location is found in conflict with underground utility or structure during the planting operation an alternate location will be selected by the City. The Contractor shall be responsible to notify utility companies for the spotting of underground facilities prior to plant acquisition and to make precautionary potholes where conflicts would be indicated on the plans or by field notations by utility representatives. The cost for utility notification and potholing shall be included in the other work items and no additional compensation will be allowed therefore. Container shrubs and groundcovers shall be placed on finish grade at locations indicated on planting plans for review and approval prior to planting. Contractor shall notify City 48 hours prior to scheduled review of containerized shrubs and groundcovers on grade 801-4.5 Shrub Planting The Contractor shall amend backfill as necessary per the soils test report at no additional cost to the City. (Refer to Sections 800 and 801-2.3.2). The following soil amendments and fertilizer guidelines shall be used for bid purposes only. Fill holes with backfill mixtures as specified below: 1. The following material shall be thoroughly blended and used as a backfill mix in the surface 12" around trees and shrubs, and the backfill soil, 12" below finish grade should be amended if specified by the soil test report with only gypsum and / or iron sulfate. No mixing for individual planting holes will be permitted. Mix SP 44 of 63 planting soil prior to backfilling and stockpile at the site. The iron sulfate should not contact cement surfaces since severe staining could occur. 8 parts by volume screened on-site soil 2 parts by volume Nitrogen Stabilized Organic Amendment 1 '/z lbs. Iron Sulfate per cu. yd. of mix 1 Ib. 12-12-12 per cu. yd. of mix 5 lb. gypsum per cu. yd. of mix 2. Place plants near respective pits. Set the tablets to be used 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. 1 tablet per 1 -gallon container 2 tablets per 5 -gallon container 3. Remove all plants from their containers and set in plant pits. 4. Fill to proper height with amended backfill to receive the plant and thoroughly tamp the mixture before setting the plant. 5. Set plant in upright position in the center of the hole and compact the backfill mixture around the ball or roots. 6. Thoroughly water each plant when the hole is one-half filled. After water has completely drained, place planting tablets per detail. The remainder of the hole shall then be backfilled. 7. After watering, tamp the soil in place until the surface of the backfill is level with the surrounding area and the crown of the plant is at the finished grade of the surrounding area. Do not backfill around trunks or stems. 8. After backfilling, an earthen basin shall be constructed around each plant. Each basin shall be of a depth sufficient to hold at least six inches of water. Basins shall be the same size as the container size of each individual plant. The basins shall be constructed of amended backfill material. This berm shall be leveled to finished grade alter the 60th day of the maintenance period, and prior to the ground cover hydroseeding. 9. Immediately after planting, apply water to each tree and shrub by means of a hose. Apply water in a moderate stream in the planting hole until the material about the roots is completely saturated from the bottom of the hole to the top of the ground. 10. Apply water in sufficient quantities and as often as seasonal conditions require to keep the planted areas moist at all times, wet below the root system of grass and plants. Generally, water once each day for 7 days in cool seasons, for 14 SP 45 of 63 days in hot weather. Berms around shrubs and trees in slopes shall be maintained for 60 days following tree planting and then removed. 11. Pruning - Pruning shall be limited to the minimum necessary to remove injured twigs and branches and to compensate for loss of roots during transplanting, but never to exceed one-third of the branching structure. Upon approval of the City Representative, pruning may be done before delivery of plants but not before plants have been inspected and approved by the City. 801-4.7 Ground Cover and Vine Planting. The second paragraph shall be deleted and replaced with the following: Ground cover shall be planted in moist soil and spaced as indicated on the plant legend. 801-4.8 Lawn Planting 801-4.8.1 General. This section includes the following, as noted on plans: 801-4.9 Wood Mulch Installation Mulch installation shall consist of placing 3" thick layer `forest floor' material equal to or supplied by Aquinaga Company (949) 786-9558 over designated planter areas. See plans for areas of installation. Submit sample prior to purchase and/or placement for approval. 801-5 IRRIGATION SYSTEM INSTALLATION 801-5.1 General. The following paragraphs shall be added after paragraph three: Contractor shall be responsible to notify the City prior to start of construction to coordinate on-site inspections. Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc., which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc., as may be required to meet such conditions. The work shall be installed in such a manner as to avoid conflicts between planting and architectural features, etc. All work called for in the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that unknown obstructions, grade differences, or discrepancies in area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the attention of the City Representative. In the event this notification is not performed, the Irrigation SP 46 of 63 Contractor shall assume full responsibility for any revisions necessary and shall perform such at his own expense. The fourth paragraph shall be deleted and replaced with the following paragraphs: The location of connection points shown is approximate. The Contractor shall contact the utility companies and coordinate the installation of the required electrical and water services. Following coordination with the utility companies, the Contractor shall make all necessary provisions to make the service connections called for on the plans at the places indicated or to the nearest acceptable point thereto as approved by the utility companies and the City Representative. Verification of the point of connections with the utility companies and the City Representative shall be obtained by the Contractor prior to the start of work. All costs for making the service connections shall be paid for by the Contractor, with the exception of any utility company fees and permit fees which are reimbursable by the City, as per Section 7-5 "Permits" of the General Provisions. The following paragraph shall be added at the end of the subsection: Temporary Repairs. The City reserves the right to make temporary repairs as necessary to keep the irrigation system 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. 801-5.2 Irrigation Pipeline Installation 801-5.2.1 General. The following sentences shall be added at the end of paragraph four: A minimum of twelve (12) inches clearance shall be maintained between "recycled" irrigation pipelines and non -irrigation pipelines/conduits. The following paragraphs shall be added at the end of the subsection: PVC Sleeves shall be required under areas where all hardscape materials shall be installed. Sleeving shall be done per detail on Project Plans (Minimum sleeve dimension shall be twice the diameter of pipe size. 801-5.2.3 Plastic Pipeline. The following shall be added to the end of paragraph one: PVC to metal connections shall only be accomplished by PVC male adapters screwed into metal fittings. Teflon tape shall be used on all threaded PVC to PVC, and on all threaded PVC to metal joints. The following paragraph shall be added following paragraph four: Handling of PVC Pipe and Fittings. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe are to SP 47 of 63 lie flat and not to be subjected 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 piping. Pipe and fittings shall not be stored in direct sunlight. 801-5.3 Installation of Valves, Valve Boxes, and Special Equipment Paragraphs three, four, five, and six shall be deleted. 801-5.4 Sprinkler Head Installation and Adjustment. 801-5.4.2 Location, Elevation, and Spacing. The third paragraph shall be amended to read as follows: Sprinkler heads shall be installed 6 inches from the adjacent vertical elements projecting above wade such as walls, planter boxes, curbs, and fences in shrub areas. Sprinkler heads shall be installed 4 inches from adjacent vertical elements projecting above grade such as walkways, walls, planter boxes, curbs, and fences in turf areas. 801-5.6 Flushing and Testing. 801-5.6.1 General. The following paragraph shall preface the subsection: Flushing of the lines shall be done before quick coupling valves and remote control valves are in place. All open ends shall be piped (temporarily to exhaust flushing water up and out of the trenches.) No water will be permitted to fall into the trench. Flushing procedure will be to first open the ports nearest the source, then recap, and move progressively towards the end of the line, with only one open port flushing at any one time. Amend the last sentence of the first paragraph by adding "and approved in writing" by the Senior Landscape Planner at the end of the sentence. Add the following paragraph to the end of the subsection: When the irrigation system is completed, a coverage test shall be performed by City Staff to determine if the water coverage for planting areas is complete, adequate, and avoids overspray onto walks, roadways, and buildings as much as possible. The Contractor shall furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from the Drawings, or where the system has been willfully installed as indicated on the Drawings when it is obviously inadequate, without bringing this to the attention of the City inspector. This test shall be accomplished before any ground cover is planted. The Contractor shall request the presence of the City in writing at least forty-eight (48) hours in advance of testing. The Contractor shall flush and adjust all sprinkler heads for SP 48 of 63 optimum performance and to prevent overspray onto walks, roadways, and buildings as much as possible. 801-5.6.2 Mainline and Lateral Pipeline Pressure Test. Pressure test at the end of the first paragraph shall be amended to read: Mains 6 hrs. at 150 PSI. Laterals 2 hours at 100 PSI. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT 801-6.1 General The following paragraph shall be added following paragraph six: The Contractor shall be responsible for detecting diseases and pests (including rabbits, gophers, groundhogs, rodents) as soon as they are present and shall take immediate action to identify, control, and remove the disease or pest. Pest control programs of all mammals shall be done without extermination and as approved by the City's Authorized Representative. Plants shall be maintained in a disease and pest free condition. A licensed pest control operator shall be maintained to recommend and apply pesticide, herbicides, and fungicides. Contractor shall be responsible for removal of gophers and moles from site and repair any and all damage attributed to their presence. Damaged plant material due to vertebrate pests (rabbits, gophers, groundhogs, etc.) shall be replaced immediately by Contractor at no cost to City. Dead dying and damaged plant material shall be removed at no cost to the City. Maintain all planting starting with the planting operations and continuing for 90 calendar days after all planting is complete and approved by the City in writing. The maintenance period will not commence until all planting has been approved in writing by the City. Maintenance shall include, but not be limited to, all watering, irrigation repair, weeding, mowing, edging, cultivating, spraying, and pruning necessary to keep the plant materials in a healthy growing condition and to keep the planted areas neat and attractive throughout the maintenance period. The lump sum price paid for the maintenance period shall include all costs for water (from the new water meter installed only), watering, irrigation repair, weeding, mowing, edging, cultivating, spraying, and pruning necessary to keep the plant materials in a healthy growing condition and to keep the plant areas neat and attractive throughout the maintenance period. Upon the 60th day or thereafter, dirt berms around trees and shrubs shall be leveled. Provide all equipment and means for proper application of water to those planted areas not equipped with an irrigation system. Protect all planted areas against damage, including erosion and trespassing, by providing and maintaining proper safeguards. SP 49 of 63 During the maintenance period, all plants and planted areas shall be kept properly watered and weed -free at all times. Irrigation schedule shall comply with AB325 and Certified Irrigation Auditor's parameters. In order to expedite the plant establishment work, the Contractor shall maintain a sufficient number of men and adequate equipment to perform the work herein specified from the time any planting is done until the end of the final maintenance period. The Contractor will be relieved from maintenance work when the plant establishment and maintenance work has been completed to the satisfaction of the City. Damage to planting areas shall be replaced immediately when seen by Contractor. Damage observed by the City shall be replaced within 24 hours of notification to the Contractor. Depressions caused by vehicles, bicycles, or foot traffic, are to be filled and leveled. Replant damaged areas. Apply a pelletized fertilizer blend of 15-15-15 at the beginning and at every 30 -day maintenance interval at the rate 350 lbs. per acre until the designated end of the maintenance period. A 90 -day maintenance program shall consist of three fertilizer periods. Apply 25 lbs. Gro -Power Plus per 1,000 square feet at 25th and 55th day of 90 day maintenance period. Contractor shall be responsible for removal of rodents, slugs, snails, and cutworms from site as required and repair damage as above. All paved areas will be broom cleaned and/or washed and maintained in a neat and clean condition at all times, as directed by the City. AQMD and WQMP practices shall be observed. Air blowers shall not be allowed. Replacements. At the end of the maintenance period, all plant material shall be in a healthy growing condition. During the maintenance period, should the appearance of any plant indicate weakness and probability of dying, immediately replace that plant with a new and healthy plant of the same type and size without additional cost to the City. The Contractor, within ten (10) days of notification by the City, shall remove and replace all guaranteed plant materials which for any reason fail to meet the requirements of the guarantee. Replacement shall be made with plant materials as indicated or specified for the original planting, and all such replacement materials shall be guaranteed as specified for the original guaranteed materials. Clean -Up. Upon completion of the work in this section, the Contractor shall clean-up and remove from the area all unused materials and debris resulting from the performance of the work as directed by the City. SP 50 of 63 801.6.2 Charts, Manuals, and Drawings Subsection is hereby added to subsection 801-6 of the Standard Specifications as follows: 801-6.2.1 As -Built Drawings Contractor shall provide City Representative with Landscape Architect signed "as -built" heavy weight drafting film originals of all project construction document plans, reflecting all "as -built" conditions for all project elements and two (2) sets of edge bound plots at the completion of the project at no additional cost to the City. Contractor shall provide two (2) sets of surveyed electronic files in CAD and PDF format. One (1) set shall be delivered to the City for permanent recordkeeping purposes. Contractor shall dimension from two (2) permanent points of reference, building corners, sidewalk or road intersections, etc., the location of the following items: 1. Gate valves 2. Sprinkler control valves 3. Routing of control wiring 4. Rain gauge 5. Quick coupling valves 6. Point of connection components (meters, backflow preventors, etc.) 7. Other related equipment as directed by the City 8. Significant changes in routing of lateral lines from those indicated on the plans Delivery. On or before the date of the final inspection, the Contractor shall deliver the corrected and completed design documents to the City. Delivery of the final heavy weight drafting film will not relieve the Contractor of the responsibility of furnishing required information that maybe omitted from the prints. 801-6.2.2 Controller Charts As -built drawings shall be approved by the City before the Contractor prepares the controller charts. Provide two (2) controller charts for each controller supplied. The chart shall show the area controlled by the automatic controller and shall be the maximum size which the controller door will allow. SP 51 of 63 The chart is to be a reduced drawing of the actual "as -built" system. However, in the event the controlled sequence is not legible when the drawing is reduced, it shall be enlarged to a size that will be readable when reduced. The chart shall be a blackline or blueline print and a different color shall be used to indicate the area of coverage for each station. When completed and approved, the Contractor shall hermetically seal the chart between two pieces of plastic, each piece being a minimum of 10 mils thick. These charts shall be completed and approved prior to final inspection of the irrigation system. 801-6.2.3 Manuals of all Equipment and Certificate of Substantial Completion Operation and Maintenance Manuals. Prepare and deliver to the City within ten calendar days after substantial completion of the project, three hard cover binders with three rings containing the following information: 1. Index sheet stating Contractor's and subcontractor's license numbers, address, and telephone number and list of equipment with name and address of al local supplier's and manufacturer's representatives. 2. Catalog and specification 'cut' sheets materials for all hardscape and softscape and equipment installed under this contract. 3. Guarantee statement. The guarantee for the sprinkler irrigation system shall be made in accordance with the enclosed form. The Contractor shall file a complete copy of all substantial completion forms and irrigation guarantee prior to the acceptance of project by the City. The guarantee shall be included in the operations and maintenance manual of all equipment throughout the park. The guarantee shall be typed onto the Contractor's letterhead. 4. Complete operating and maintenance instructions on all major equipment. In addition to the above mentioned maintenance manuals, provide the City's maintenance personnel with instructions for major equipment and show evidence in writing to the City at the conclusion of the project that this service has been rendered. 801-6.3 EQUIPMENT 801-6.3.1 Loose Equipment to be Furnished. The following subsection shall be added (confirm each item with the City Inspector prior to actual turn -over): The Contractor shall supply as a part of this contract the following tools: 1. Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve supplied on this project. 2. Two (2) five foot valve keys for operation of gate valves. SP 52 of 63 3. One (1) quick coupler key and matching hose swivel for every five (5) of each type of quick coupling valve installed. 4. Six (6) spray nozzles of each type specified on the legend. 5. One case of spray bodies of each manufacturer specified on the legend. 6. One case of rotors of each manufacturer specified on the legend. 7. Two (2) gate valves - line sized - as specified on the legend. 8. Two (2) keys each for controller and controller enclosure doors. a. One RainMaster remote for each controller The above-mentioned equipment shall be turned over to the City at the conclusion of the project. Before final inspection can occur, evidence that the City has received material must be shown to the City Representative. 801-7 GUARANTEE The text of the subsection shall be deleted and replaced with the following: The guarantee period shall begin upon written notice by City of substantial compliance with plans and specifications has been achieved by Contractor. Upon acceptance, all construction shall be guaranteed by the Contractor for a period of one year against defects in materials and workmanship. Any settling of backfill trenches which may occur during the one year guarantee period shall be backfilled, compacted, and transitioned smoothly with adjacent gradients to the City's satisfaction by the Contractor without expense to the City, including the complete restoration of damaged planting, paving, or other improvements of any kind. The Contractor, within ten (10) days of notification by the City Representative, shall remove and replace all guaranteed plant materials which, for any reason, fail to meet the requirements of the guarantee. Replacement shall be made with plant materials as indicated or specified for the original planting and all such replacement materials shall be guaranteed as specified for the original guaranteed materials. SP 53 of 63 GUARANTEE FOR IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tear, and unusual abuse, or neglect accepted. We agree to repair or replace any defects in material or workmanship, including settling of backfilled areas below grade which may develop during the period of one year from date of acceptance and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within 72 hours after receipt of written notice. In the event of our failure to make such repairs upon written notice from the City, we authorize the City to proceed to have said repairs or replacements made at our expense and we will pay the costs and charge therefore upon demand. PROJECT: LOCATION: AGENCY: SIGNED: (Contractor) ADDRESS: PHONE: DATE OF ACCEPTANCE: SP 54 of 63 801-8 PAYMENT [Add prior to first paragraph] The payment for the irrigation system and all appurtenant installations indicated on the drawings and described in these specifications shall be included as part of the Lump Sum Contract Price in the Proposal Bid Form. The payment for the installation of turf shall be made as part of the Sum Contract Price. The payment for maintenance of the work per the drawings and the specifications shall be made as part of the lump sum Contract Price 90 -day Maintenance. The payment for the planting and installation of trees, shrubs, and ground cover shall be included in the Contract Lump Sum Contract Price. The cost of soil amendments, fertilizing and soil conditioning, weed control, and finish grading shall be included in the Lump Sum Contract Price. SP 55 of 63 SP 56 of 63 APPENDIX A PART 1 —GENERAL 1.01 POURED IN PLACE PLAYGROUND SURFACING Poured in place rubber playground surfacing shall consist of a polyurethane binder mixed with 100% recycled, shredded tire buffings which will make up the cushion layer. The cushion layer is capped with EPDM rubber granules mixed with a polyurethane binder creating the wear course; or with TPV granules mixed with an aliphatic binder. Surfaces shall comply with ADA and CPSC guidelines as well as ASTM Standards. 1.02 PERFORMANCE REQUIREMENTS Area Safety: Poured in place within playground equipment use zones shall meet or exceed the performance requirements of the CPSC, ADA, and Fall Height Test ASTM F 1292-18. The surface must yield both a peak deceleration of no more than 200 G -max and a Head Injury Criteria (HIC) value of no more than 1,000 for a head -first fall from the highest accessible portion of play equipment being installed as shown on drawings. Accessibility: Children's outdoor play areas shall be in compliance with the Uniform Federal Accessibility Standards (UFAS) FED -STD -795 and the Architectural and Engineer Instructions (9AE1) Design Criteria. The requirements of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) 28 CFR Part 36 that provide equal or greater accessibility than the requirements of UFAS must also be met in children's outdoor play areas. Poured in place surfaces intended to serve as accessible paths of travel for persons with disabilities shall be firm, stable and slip resistant, and shall meet the requirements of ASTM F 1951-14 and ASTM F 1292-18. Poured in place surfaces shall be manufactured and installed by trained and experienced installers. Submittals: The following shall be submitted for rubber surfacing for playgrounds: One original hard copy of the submittal package will be provided. Manufacturer's descriptive data and installation instructions. Manufacturer's details showing depths of wear course and sub -base materials, anchoring systems and edge details. SP 57 of 63 • Upon request, a listing of comparable installations where products similar to those proposed for use have been installed and have been in service for a minimum period of three years. This list shall include owner, address of installation, date of installation, contact person, and phone number. • Upon request, 4 -inch by 6 -inch samples of the proposed material for this project. IPEMA certification shall be mandatory. Delivery, Storage and Handling: Materials and equipment shall be delivered and stored in accordance with the manufacturer's recommendations. Project Site Conditions: Poured in Place surfacing must be installed on a dry sub -surface, with no prospect of rain within the initial drying period, and within the recommended temperature range of the manufacturer. Installation in weather condition of extreme heat, less than 55 degrees (F), and/or high humidity may affect cure time, and the structural integrity of the final product. Immediate surrounding sites must be reasonably free of dust conditions or this could affect the final surface look. Warranty: Poured in place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and material for a limited five (5) year period. Warranty will be specific to maintenance requirements and performance standards of completed product. High Density TPV poured in place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship and materials for a limited seven (7) year period. Warranty will be specific to maintenance requirements and performance standards of completed product. PART 2 — PRODUCTS Safety surfacing shall consist of synthetic materials meeting the requirements of this specification. 2.01 PRODUCT SCOPE (a) Poured in Place Surface: The poured in place surface shall consist of 100 percent recycled shredded tire material mixed with a polyurethane binder and capped with either an EPDM granule and mixed with polyurethane, or a TPV granule mixed with an aliphatic binder. (b) It shall consist of a uniform material manufactured in such a way that the top portion meets the requirements specified herein for wear surface. SP 58 of 63 (c) The type of safety surfacing shall be a poured -in-place system and shall be indicated on the drawings. 2.02 CUSHION LAYER SECTION (a) Impact Attenuating Cushion Layer: Cushion Layer consists of shredded styrene butadiene rubber (SBR) adhered with a 100 percent solids polyurethane binder to form a resilient porous material. (b) Strands of SBR may vary from 0.5 mm - 2.0 mm in thickness by 3.0 mm - 20 mm in length. (c) Foam or rubber granules are not to be permitted in cushion layer. (d) Binder shall be between 10-14 percent of the total weight of the material, and shall provide 100 percent coating of the particles. (e) The cushion layer shall be compatible with the wear course and must meet requirements herein for impact attenuation. 2.03 WEAR COURSE (a) Wear Course shall consist of Ethylene Propylene Diene Monomer (EPDM) with polyurethane binder formulated to produce an even, uniform, seamless surface up to 2000 square feet. (b) Wear Course shall consist of Thermal Plastic Vulcanized (TPV) granules with an aliphatic binder formulated to produce an even, uniform, seamless surface up to 2000 square feet. (c) Wear Course shall consist of High Density Thermal Plastic Vulcanized (TPV) granules with an aliphatic binder formulated to produce an even, uniform, seamless surface up to 2000 square feet (d) EPDM shall be peroxide cured with an EPDM content of 26 percent and shall include a Processing aid to prevent hardness with 26% poly content to maintain dynamic testing characteristics, weatherization and UV stability. (e) ASTM 0 2240 (Shore A) hardness of 55-65, not less than 26 percent rubber hydrocarbons. (f) Size of EPDM rubber particles shall be 1-4 mm across. Binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles. (g) TPV shall be angular granules with a (Shore A) hardness of 65°A ±5 and particle size between 1-4mm. Binder shall be not less than 20 percent of total weight of SP 59 of 63 rubber used in the wear surface, and shall provide 100 percent coating of the particles. (h) High Density TPV shall be angular granules with a (Shore A) hardness of 65°A ±5 and particle size between .5-1.5mm. Binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles. (i) Thickness of wear course shall be a minimum 0.5 -inch. Q) The wear course shall be porous. 2.04 BINDER (a) No Toluene Oiphenel Isocyanate (TOI) shall be used. (b) No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals. (c) Weight of polyurethane shall be no less than 8.5 lbs./gal. and no more than 9.5 lbs./gal. (d) Manufacturer is permitted to modify the type of urethane required to match extreme weather conditions. Substitutions must be equal to or exceed VORAMER quality and be manufactured by Dow Chemical. PART 3 — MATERIALS (a) Wear Course - EPDM Granules: Manufacturer: NH Rubber Products and Rosehill Polymers As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (b) Wear Course- 1-4mm TPV Granules: Manufacturer: Rosehill Polymers As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (c) Wear Course- .5-1.5mm TPV Granules: Manufacturer: Rosehill Polymers As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (d) Cushion Layer - TotTurf Shredded SBR As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area SP 60 of 63 (e) Binder - VORAMER MR 1099- extreme heat and humidity conditions Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (f) Binder- VORAMER MR 1105- normal weather conditions Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (g) Binder- Voramer MR 1108- humid conditions Rubber Surfacing For Playgrounds T— Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (h) Binder- Voramer MR 1160 Manufacturer: Dow Chemical As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area (i) Binder- Aliphatic Urethane Premium, Non-Ambering Manufacturer: Acella Polyurethane Systems As distributed by: Robertson Industries, Inc. - (800) 858-0519 Location Used: Playground Area PART 4 - EXECUTION 4.01 SITE PREPARATION (a) Finished Grade: Verify that finished elevations of adjacent areas are as indicated on the drawings, that the appropriate subgrade elevation has been established for the particular safety surface to be installed, and that the subsurface has been installed in a true, even plane, and sloped to drain as indicated in drawings. To conform with ADA guidelines there must not be more than a two percent slope. (b) Sub -Base: Tolerance of concrete subbase shall be within 1/8 inch in 10 feet. Tolerance of subbase shall be within 3/8 inch in 10 ft. Verify that subbase has been fully compacted in 2" watered lifts to 95 percent or greater. Sub -base shall be a minimum of 4 -inches and should exhibit positive drainage. (c) Curing of Concrete: If poured in place surfacing is installed, verify that concrete subbase has cured and that all concrete curing compounds and other deleterious substances that might adversely affect adhesion have been removed. Surface shall be clean and dry. SP 61 of 63 (d) Drainage: Verify that sub -surfacing drainage, if required, has been installed to provide positive drainage. 4.02 INSTALLATION (a) Poured in Place Surfacing: Components of the poured in place surfacing shall be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. Installation of surfacing shall be seamless up to 2,000 square feet per day and completely bonded to concrete of subbase. Material shall cover all foundations and fill around all elements penetrating the surface. (b) Cushion Layer: Whenever practical, cushion layer of surfacing material shall be installed in one continuous pour on the same day of up to 2,000 square feet. When a second pour is required, step the seam and fully coat the step of the previous work with polyurethane binder to ensure 100 percent bond with new work. Apply adhesive in small quantities so that new cushion layer can be placed before the adhesive dries. (c) Wear Course: Wear Course must be either high quality peroxide cured EPDM or TPV granules. Wear surface shall be bonded to cushion layer. If necessary, additional primer will be used between the cushion layer and wear course. Apply adhesive to cushion layer in small quantities allowing the wear course to be applied before adhesive dries. Surface shall be hand troweled to a smooth, even finish. Except where the wear course is composed of differing color patterns, pour shall be continuous and seamless up to 2,000 square feet per day. Where seams are required due to color change, size or adverse weather, a step configuration will be constructed to maintain wear course integrity. The edge of initial pour shall be coated with adhesive and wearing surface mixture shall be immediately applied. Pads with multiple seams are encouraged to include a top coat of urethane before being placed into use. Butt joint seams are not acceptable except for repairs. Under special conditions and with owners written approval seams may be permitted in same color pad. Consult with manufacturer for specific applications. (d) Perimeter: Concrete perimeter must be saw cut to size indicated on plans, or formed during pour, with surfacing rolled down inside void. Primer adhesive must be applied to all sides of the void. When connecting to a concrete curb or border the hardened edge shall be primed with adhesive and the final 2 -inches shall be tapered to allow the wear surface material to be a minimum of 1.5 -inch thick where it joins the concrete edge. (e) Thickness: Construction methods, such as the use of measured screeds 1/16 inch (1.0 mm) thicker than the required surfacing depth, shall be employed to ensure that full depth of specified surfacing material is installed. Surfacing system thickness throughout the playground equipment use zone shall be as required to meet the impact attenuation requirements specified herein. SP 62 of 63 (f) Clean Up: Contractor shall work to minimize excessive adhesive on adjacent surfaces or play equipment. Spills of excess adhesive shall be promptly cleaned. (g) Protection: The synthetic safety surface shall be allowed to fully cure in accordance with Manufacturer's instructions. The surface shall be protected by the Contractor from all traffic during the curing period of 48 hours or as instructed by the Engineer. END SP 63 of 63