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C-7189-2 - West Coast Highway Median Landscaping - Phase 2
'0'),W POR } , C`/C/F�RR�P March 31, 2022 KASA Construction, Inc. Attn: Sam Kasbar 15148 Sierra Bonita Lane Chino, CA 91710 CITY OF NEWPORT BEACH ?00 Civic Center Drive Newport Beach, California 92660 949-6443005 1949-644-3039 FAx newportbeachca.gov Subject: West Coast Highway Median Landscaping — Phase 2 — C-7189-2 Dear Mr. Kasbar: On September 8, 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 September 10, 2020, Reference No. 2020000480417. The Surety for the contract is The Ohio Casualty Insurance Company and the bond number is 024236626. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure THE FIN. PREMIUM IS In Duplicate Bond No.: 024236626 PREDICATED ON THE '* "" FINAL CONTRACT PRICE EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 024236626 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 9,705.00 , being at the rate of $ 11.88 First $500K & $7.92 Balance thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to KASA Construction, Inc. hereinafter designated as the "Principal," a contract for: West Coast Highway Median Landscaping — Phase 2, consisting of clearing and grubbing, grading, landscape installation, establishment and maintenance, irrigation improvements, concrete staining, faux boulder placement, providing as -built drawings, and all other incidental items of work necessary to complete the work in place, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about. to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Ohio Casualty 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 Nine Hundred Seventy Five Thousand Three Hundred Fifty Dollars and 50/100 ($975,350.50) 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, ar•J in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys':;es, incurred by City; only in the KASA Construction, Inc. Page R-1 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 agrees4hat 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 4th day of December 2019. Kasa Construction, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 62 Maple Avenue, Keene, NH 03431 Address of Surety 1(858)255-3988 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: //7/2.9 By: 4� �r" - Aaron C. Harp l MA I0 City Attorney '44L AuthoriYed Si aturelfitle *AuthorizedAgent Signature Matthew R. Dobyns / Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST` BE ATTACHED KASA Construction, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 24N be&g,r ,,,Au ) ss. 1 1 1 On x1 n 20 before me, _ cC rd� 2+vct ,, Notary Lib is personally appeared a I GNA V-�* boV-- who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) 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. _ HECTOR ZAVALA Notary Public - California WITN my hand and official seal.San Bernardino County q Commissionk 2217476 My Comm. Expires Oct 28, 2021 (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 Orange } ss. On December 4th 20 19 before me, Erika Guido Notary Public, personally appeared Matthew R. Dob ns proved to me on the basis of satisfactory evidence to be the p Or whose name ) su cribed to the within instrument and acknowledg o me the he executed he same in(hi /lwrltJaeit authorized capacity(), and that by his signatures on the instrument th persor0Q, or the entity upon behclIf of which the rsony acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing par his true and correct. 11 ITNESS y ha fFMa-al. 1 ERIKA GUIDO o COMM. # 2190052 g NOTARY PUBLIC CALIFORNIA 3 131I ORANGE COUNT ignature JL Mycomm.expiresMa 5,202�S al) KASA Construction, Inc. Page B-3 oLiberty Mutual. SURETY This Powe, . Attorney limits the acts of those named herein, and they have m, authority to bind the Company except In the manner and to thi& extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8197144-969327 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, bl9nhew R. Dobvns: Randv Soohn all of the city of Santa Ana state of CA each individually if there be more Than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper. persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 19th day of October 2018 . 'Liberty Mutual Insurance Company Com pany The Ohio Casualty Insurance Comp a ny West American Company By of MONTGOMERY ss N On this 19th day of October , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, bev g authorized so to do, execute the foregoing instrument for the purposes > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ca IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. a 5p PA St �ti �ryONWT F(r COMMONWEALTH OF PENNSYLVANIA n 0 r� �= y Notarial Seal ryz z . �_ _ eR Tare.e Paslelld, Naury Publk /,(//�.(f[-,`/(/yeJ tipper Mahon Twp., Montgomery County, By; y 7b+sn�(, MUM.,, P..,Wt i. Nwcl.aoamN.leaa. Teresa Paslella, Notary Public a`) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ui ARTICLE IV—OFFICERS: Section 12. Power of Attorney. m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such atlomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances; and other surety obligations. Such attomeys-in-fact,'subject to the limitations set forth in their respective powers of attorney, shall U have full power to bind the Corporation by their signature and execution of any such instruments and. to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII —Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman a the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizanoes and other surely obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -m - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any paver of attorney issued by file Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the aginal power of attorney of which the foregoing is a full, We and correct copy of the Power of Attorney executed by said Companies, is in lull force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 41h day of December , 2019 . P� 1NBU/� P4ZY IN3[, � 1NSUq tiJ ooaeoarr 20 gJ ooneoagr'ep °P pr,eoar 4y J 3b m Q 3 `"o yn � rF � g 1912 n � m w� e m i�1919awo a 1991 0 9 Yddej� cfa„aF�da °�N enMes edea' ru,R xp,aee�da� Y Renee C. Llewellyn, Assistant Secretary 2 « >• M . h LMS 12873 LMIC OCIC WPIC Multi Co 062018 November 16, 2020 KASA Construction, Inc. Attn: Sam Kasbar 15148 Sierra Bonita Lane Chino, CA 91710 JN t'_ IN P 0l't i f3 c.X41.. fi t 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644 3039PAX newportheachca.gov Subject: West Coast Highway Median Landscaping - Phase 2 - C-7189-2 Dear Mr. Kasbar: On September 8, 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 September 10, 2020, Reference No. 2020000480417. The Surety for the bond is The Ohio Casualty Insurance Company and the bond number is 024236626. Enclosed is the Labor & Materials Payment Bond. Sincerely, 0' Leilani I. Brown, MMC City Clerk Enclosure Bond No.: 024236626 ** In Duplicate ** EXHIBIT A CITY OF NEWPORT BEACH BOND NO, 024236626 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to KASA Construction, Inc. hereinafter designated as the "Principal," a contract for West Coast Highway Median Landscaping — Phase 2, consisting of clearing and grubbing, grading, landscape installation, establishment and maintenance. irrigation improvements, concrete staining, faux boulder placement, providing as -built drawings, and all other incidental items of work necessary to complete the work in place, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Prircipal, and, The Ohio Casualty 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 Nine Hundred Seventy Five Thousand Three Hundred Fifty Dollars and 501100 ($975,350.50) 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, V, be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. KASA Construction, 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 4th day of December 20 19. Kasa Construction, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 62 Maple Avenue Keene NH 03431 Address of Surety ----- Telephone APPROVED A5 TO FORM: CITY ATTORNEY'S OFFICE Date:�t'yo _- 1 � By: - Aaron C. 1-1 p City Attorney ,l d Sig ture/TitleAute 141/—�n_ Authorized Agent Signature Matthew R. Dobyns / Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE AT rACHED KASA Construction, Inc_ Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of �� Ca. A )SS. On�. __ 20 before me, Notary P bhc 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. _ _ _ _ _ HECTOR ZAVALA WITNESS rpy hand and official seal. NotaryPublic- California cd - San Bernardino County s ( Commission x 2217476 My Comm. Expires Oct 28, 2021 7 Sign tL' (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 Orange On December 4th 20 19 before me, Erika Guido Notary Public, personally appeared Matthew R Dob rens _ proved to me on the basis of satisfactory evidence to be the p on whose name) i s ribed to the within instrument nd acknowled c me lha he the oxecuted h same i hi Ot�rr'authorized capacity(i ,and that b ftti Ignatures 'j on the instrument tlm parso or the entity upon belma of which th erson acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing p ragraptl is true and correct. WITNE my a ficial seal. ERIKAGuIDO _,� a� r N � COMM. # 21900.x2 g NOTARY PUBLIC CALIFORNIA o y OR COUNTY ro Sign Vr. Mycomm,expiresMay5,2021 Vseap -b KASA Construction, Inc. page A.-3 0 Liberty Mtltual. SURETY This Powe. Attorney limits the acts of those named herein, and they have u, _athority to bind the Company except in the manner and to the extent herein staled. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8197144-969327 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Stale of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute MaOhnY R. Dobyns; Ranlly Spohn e anappoint, —_ -- - -- -- - •^•• •• ^^•• seen malvnuany It mere be more Ulan one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of tie Companies and the corporate seals of the Companies have been affixed thereto this 19th day of October , 2018 . State of PENNSYLVANIA County of MONTGOMERY as 1NSU Liberty Mutual Insurance Company �P oal•o R92 JP�ZY (NSU a tNSURq The Ohio Casualty Insurance Company 3` '4�mo °m 3`°ppO�ro�yn 3°°ppOq"o��m West American Insurance Company � 1912 n oy1919Wn Q 1891 on � ��/ 'bdej>y i° *N,aD y°�y xnmPa`"�,pa3 vy+� x°Inan�dL� B k' ..aL y Y David M. Carey, Assistant Secretary On This 1901 day of October , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance >Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execide the foregoing instrument for the purpose: therein contained by signing on behalf of the Corporations by himself as a duly authorized officer. o IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above willlen. 0A r�ASP F• COMMONWEALTH OF PENNSYLVANIA y cid Vts xy Notarial Seal /� riW Tmeea 1ameaa, N.. Public yy,///�/////II� /�/� �/�®® y� ['1 pper MentiTwp., Montgomery county, , By: /waMv9p l a '0t caY y Commission Expires Marc,20,2021---- _—.__I areas Pastella, Notary Public � l�Y MamLar. PanwrvaMa Aseocinllen of NnNeae i This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS: Section 12. Power of Attorney. I Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys�in-fact, subject to the limitations set forth in their respective pavers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach (hereto the seal of the Corporation. When so executed, such insb uments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the offices or officers granting such power or authority. ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of (he Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations se( forth in (heir respective powers of atlomery, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as it signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to (he Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such altolneys-in- facl as may be necessary Inact on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature crony assistant secretary of the Company, wherever appearing upon a certified Copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby cedify that tie original power of attorney of which file foregoing is a full, true and correct Copy of the P;.wer of Attorney executed by said Companies, is in full for and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies (his_ ti day of December , 2019 . Pb INeb/7q P�ZY (NSU � 1NSU7Yq -- JJaoavory oynca Q 3u aroq,r,F'Pgyn VP=oaeaM9rF'rO 7 912 n °'• a m T 'A'•. C) y O o y 1919 m o Q 1991 o C 7� rdma� e+aa has yO�yM1'RMPs adD$ Ys� N°InHPaaD� By Renee C. Llewellyn, Assistant Secretay - 1 � F M * ti LMs-12873LMICOCICWAIC MUIIi C° W2018 Batch 7486721 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page I of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIII I[IIIII fjII[11I IIIIIIIIIIIIIIIId1111111111]11 NO FEE $ R 0 0 1 2 0 1 B B 3 1$ 202000048041710:41 am 09110120 90 NCPI 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 27353" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and KASA Construction, Inc., Chino, California, as Contractor, entered into a Contract on November 19, 2019. Said Contract set forth certain improvements, as follows: West Coast Highway Median Landscaping — Phase 2 - C-7159-2 Work on said Contract was completed, and was found to be acceptable on September S. 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. '01 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. /n_ ''�o/n Executed on V LL'',,U`" / 0l ou%.L at Newport Beach, California. M https://gs.secure-recording.com/Batch/Confirmation/7486721 09/10/2020 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 KASA Construction, Inc., Chino, California, as Contractor, entered into a Contract on November 19, 2019. Said Contract set forth certain improvements, as follows: West Coast Highway Median Landscaping — Phase 2 - C-7189-2 Work on said Contract was completed, and was found to be acceptable on September 8, 2020, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty 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. '/ �n Executed on V b�, 0" at Newport Beach, California. CITY OF NEWPORT BEACH'. �. NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:30 AM on the 29th day of October, 2019, at which time such bids shall be opened and read for WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 PROJECT NO. 18L11 Contract No. 7189-2 $1,245,000 Engineer's Estimate --- -J - - - -- - -V---Q7------ Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: httP.)/www. P I a net b i d s. co m 1porta Upo rta I - c f m ? C o m. Pa n yl D=2207 8 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" and "C-27" For further information, call Patrick Arciniega, Project Manager at (949) 644-3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htt :ifne ortbeachca. ovi ovef-nmerrtio en -trans arent/online-ser-vicesibrds-rf s - vendor -registration City of Newport Beach WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 PROJECT NO. 18L11 Contract No. 7189-2 TABLE OF CONTENTS NOTICEINVITING BIDS...........:.............................:................ ......:,.:,.:,.......,........Cover INSTRUCTIONS TO BIDDERS..........:.:........................................................................r BIDDER'S BOND_.,.__,.._ ................................................... DESIGNATION OF SUBCONTRACTOR(S):..,......,.......................................................... 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 SPECIAL PROVISIONS ................................ ___ ............ ..-.................... ......... .......... SP -1 2 Cit} of Newport Beach WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 PROJECT NO. 18L11 Contract No. 7189-2 INSTRUCTIONS TO BIDDERS 1 The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) DESIGNATION OF SUBCONTRACTORS 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.) 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. •1. 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. i 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 has been wed. r' 927544 A, B, C-10, C-27 _, ,, �� 7. -Diana Kasbar, President Contractor's License No. & Classification Au orized Sig nPlure/Title 1000006013 exp. 6/30/2022 DIR Registration Number & Expiration Date KASA Construction, Inc. Bidder 5 10/28/19 Date Bond No.: KASCO-1020 City of Newport Beach WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 PROJECT NO. 18L11 Contract No. 7189-2 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount of the Bid Dollars ($ 10% of the Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2, Contract No. 7189-2 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 18th Kasa Constriction, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 62 Maple Avenue, Keene, NH 03431 Address of Surety 1(858)255-3988 Telephone day of October 2019. By: C. ez Authorized Si ature/Title By; thorized gent nature Randy Spohn / Attorney -in -Fact _ Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 6 ACKNOWLEDGMENT . . . ...... .. .... . . r .. • r ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ r ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ i ■ ! it ■ % ■ ■ ■ ■ ■ ■ ■ i ■ ■ ■ i ii* ■ ■ ■ ■ ■ ■ ■ State of California County of ) as, �Gw personally appeared before me, Notary Public, ,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) i�� r Y r r r r� i��� r r r r r>>■ r r r r r r r r r r r������ r������ i� i i•� f������� i i i���� i i f� � Y » Y� a� OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer _ Other: Other Information: 7 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ■■ a a a a a a a r++ R a a a a r Emmons 0a so Elm State of California County of .\ ,fry-,-�" )3S, On i & I lb %20 1 c before me, tAe_c,A-oc Notary Public, personally apbeared {,,n iLa-0bC_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 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. WITNE S,§ my hand and official seal. OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: HECTOR ZAVALA Notary Public - California San Bernardino County r Commission # 2217476 My Comm. Expires Oct 28, 2021 (seal) Thumbprint of Signer Check here if no thumbprint or fingerprint is available. ' Liberty rein SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8200292-909327 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and eppkrnt, Matthew R, Dobyns, Randy Stsolu all of the city of Santa Ana state of Califomia each individually if there be more than one named, its true and lawful attomey-indact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed, any and all undertakings, bonds, reoognizances and other surety obligafims, in pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 14th day of January , 2019 . of PENNSYLVANIA yofMONTGOMERY Liberty Mutual Insurance Company NN sU�y i 11-4%) }N S Lr The Ohio Casualty Insurance Company °"r6 oar °"' P°p�, West American Insurance Company or 1912 19i9 p[�y, � 1991 �u JJ 1 41.0 >. v> A lk By: X in David M. Carey, Assistant Secretary 0 this 14th day of January 2019 before me personalty appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Lib" MutLwl npany, Tie No Casualtypany, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing inshrow t W M rein contained by signing on behalf of the corporations by himself as a duly authorized officer. WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Kng of Prussia, Pennsylvania, on the day and year first above written ggK Puy COMMONWEALTH OF PENNSYLVANIA 4 Na4,106eB, `N OF ream FkVPVLx 14mr, PArc i upwF kda,iwp.,i+nnMWWCOWry By: z, l & Uy QnietaWn Eka0s K&oh 28 2M Teresa Pastella, Notary Public Member, P nmy My aAmdaM of NpMd" This Power of Attorney Is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Insurance Company, and Wast American Insurance Company which resolutions are now in full force and effect reading as follows: AR -1 C LE IV- OFF CERB! SBclbn 12, Pn%Dr of Attorrey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-flrfact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognaances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respactive powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such irstumo!ris shall he as binding as I1slgaad by the Presielvnt ar16 a4nB pd io by the Secretary- Any power or autho* granled to any Ieere&alrldl H of attonney-In-face under Ifrs p?ovEallxla M the amcle may be savoMdl at any time by ft Eosrd. the Chairman. thB Presdmt or by IhB d9car Ur aftm grftgbng sect power ar autufl?lr ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such timllatlons as the chairman or the presklont may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undedaldngs, bonds, reoognizances and other surety obligations. Such aftomeys4n-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reoognfzences and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any paver of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby oertify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 18th day of October , 2019 - iHJ3tr iY Ir4 kH�Jr 4912 91 1991 a By: Renee . swellyn. istant Secretary LMS -12873 LMIC OCIC WAIC Muld Co 062018 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of ORANGE On A2LLC-�. before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared ... RANDY SPOHN who proved to me on the basis of satisfactory evidence to be the persons whose name( -s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her{their authorized capacity f ies), and that by his/heFjtFieiF signature(S) on the instrument the person{), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of ERIKA GUIDO California that the foregoing paragraph is true and correct. comm, # 2190052 LN 0 oxol++i P C kNV� ORANGF-GE C�uNTYUi�TY WITNESS rnThand and official seal. � My#amm.e�R Ires MaY 5, 2'J21 i adZ) nature of i OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/ CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT City of Newport Beach WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 PROJECT NO. 181-11 Contract No. 7189-2 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 Bidders 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. KASA Construction,_ Inc. ' ' GsnKash�r +r srJml Bidder uthorized Signa re/Title City of Newport Beach WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 PROJECT NO. 18L11 Contract No. 7189-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name '( ',SA 0 &tqS 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 4ti"1i-k� . �1_I`rI � " 4 i b)n.1r..'L A. ? �r- ' - •,3• v Approximate Construction Dates: From ti S To Agency Name u Contact Person Telephone 26 S ] `17 &00 Original Contract Amount Final Contract Amount $ 5—, 1 If final amount is different from original, please explain (change orders, extra work, etc.) W 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 Project Description Approximate Construction Dates.- From II To: 4 + Agency Name l ' Contact Personkkf Telephone (/r/) J Original Contract Amount $ l9 iV7 cFinal Contract Amount $ Z_! r � i c- �f If final amount is different from original, please explain (change orders, extra work, etc.) 1 ) 1A_ 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. 3 Project Name/Number JJ ' Project Description (2��r '�C.Ct 0A_e-v*/Jr c�ifrv4,o it 'Ci•—.c - " Approximate Construction Dates: From i To: X Y Agency Name Contact Person Cf ._Telephone (M) 5-7 ? ` 31 -S-7 Original Contract Amount Real Contract Amount � � � 7 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 outcarrle of claims. 11 No. 4 Project Name/Number i)I 14)P'fcVC- ,kb-'-� Project Description +. +f ' ' !F-LCk'?JJU Tawi L w Approximate Construction Dates: From �? M� To_ t Agency Name U+ l -�V I JfA s �e Contact Person t`1 F"', Telephone (7 11) Original Contract Amount $ t Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From ) 6� i I To: 1 7 —r r Agency Name CA, J- N�oj c'V'C-' I - " :} Contact Person I I, ';�, VY � C -L,-- Telephone CW) :7V F� sy � Original Contract Amount $ Finalm Contract Aokint $ ' e If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 6 11 ll r Project Name/Number •)(Ayy! 1 Project Description Z �c.. k�wv� . PSL., "),Az i "A1wf!ak 'Q 1k Approximate Construction Dates: From < To: '' 2 Ise Agency Name o t% 11 inh Contact Person 1 �t1� �i �Y`��.t�', _Telephone Original Contract Amount $ Final Contract Amount $ r� rG U., -2. 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. N /4 Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder Authorized Signatufe/Title Aiw",t Sam Kasbar 16721 Sage Circle. Objective Chino Hills, CA 91709 To maintain a profitable career by investing and developing as an owner/ 909-538-3872 , builder in addition to expanding KASA Construction which performs SamK@KASAconstruction.com governmental projects. Professional Profile General Contractor / Owner — KASA Construction Over 15 years of construction experience Successfully completed over $100 million in Public Works and Municipality projects ■ Licensed with an A (General Engineering), B (General Building), C-10 (Electrical) and C-27 (Landscaping) GC / VP — Mega Way Enterprises ■ Responsible for all aspects of running the construction company Increased sales in 3 years from 2 million/yr to over 10 million per year Project Manager — Mega Way Enterprises Simultaneously managed projects over $10 million Owner/ Builder ■ 38 Unit Apartment Complex, $9 million, Rialto CA r Proposed 24 Unit Condos, $8 million, Rialto, CA Proposed 4 Custom Single -Family Homes, $4 million Rialto, CA Work History 1996 — 2003, Produce Manager, The Vons Companies, San Pedro, CA 2003 — 2009, Vice President, Mega Way Enterprises, Pomona, CA 2008 — Present, Vice President, KASA Construction Inc., Ontario, CA Education 2003, University of Cal State Long Beach, Long Beach, CA ■ Bachelor of Science - Business Administration i Double Major in Management and Operations Management References References are available on request. City of Newport Beach WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 PROJECT NO. 18L11 Contract No. 7189-2 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of being first duly sworn, deposes and says that he or she is .u_ ofAr�.1� 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 parry 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 decllSare under penalty of perjury of the laws of the S California that the foregoing is true and correct. (j . Bidder Au orized Sign re/Title ts, .n Subscribed and sworn to (or affirmed) before me on this 2-6 day of t' , 2019 byproved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r, �-IECTOR 2AVALA Nota Publlc NotaryPUblic- CaiJfornia 7 San Bernardi noCounty [SEAL] Commission d 2217476 My Comm. Expires Oct 2&2021 My Commission Expires: 10-140 14 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 San Bernardino On lfi/2g11g before me, Hector Zavala, Notary Public { Date Here Insert Name and Title of the Officer personally appeared Dana Kasbar 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 is true and correct. WITNESS*hiadal seal. HECTOR ZAVALA NotaryPublic-California San Bernardino County SignatureCommission # 2217476 My Comm. Expires Oct 28,2021 of Afi� ary 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator '_l Other: _ Signer Is Representing: Signer's Name: -� ❑ Corporate Officer — Title(s): Ll Partner — C Limited D General 0 Individual D Attorney in Fact G Trustee fl Guardian or Conservator ❑ Other:. _ Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport. Beach WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 PROJECT NO. 18L11 Contract No. 7189-2 DESIGNATION OF SURETIES Bidder's name V, A 5 A Lw) -4-nVL 'i . Iver., - 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): % K ^ 15 7 C) -IQ �. 1�r i U� � .. �� t� i f� frt ti . r'. A I % K ^ 15 City of Newport Beach WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 PROJECT NO. 18L11 Contract No. 7189-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name I�AS-�;_; „,;�,v + ,xr . _--- Record Last Five (5) Full Years Current Year of Record Theinformation 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. IP Current Record Record Record Record Record Year of for for for for for Record 2018 2017 2016 2015 2014 Tota+ _ 2019 _ No. of contracts Total dollar Amount of Contracts (in Thousands of $) No. of fatalitiesI No. of lost Workday Cases No. of lost workday cases involving permanent transfer to r' another job or termination of employment_ Theinformation 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. IP Legal Business Name of Bidder -65 A Lbs ! )�YuL�- Business Address: fiS1► �`.zsc� ���a� .�� ��,�^c> c Business Tel. No.: 9Ort . ati t - KLA ,U State Contractor's License No. and Classification: 5q Li Title „•,��� esti , v, �, The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. j:NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 w"' -a�r,r.^rr.•,.- ix^,. -�:ct".3 rx`: �`fin,C`.c+"..-,+'.�(.,r�f-rta-x::c•',r-^.-:'.�+".Y rt�r-*^�rr.-t-r`i -•^n x`hY �".r_.1' r�f:�`re:rerxY A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San I3err,ardino Oft. j_R.12Al1 9 before me, Hector Zavala, Notary Public nate Here insert Name and Title of the Officer personally appeared Diana Kasbar and Sam Kasbar 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 is true and correct. ,� FIECTOR ZAVALA WITNESS Ahanfficial seal. Notary Public - California San Bernardino CountyCommission k 2217476SI nature My Comm. Expires Oct 28,2021 gure 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: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual © Attorney in Fact D Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: _ D Corporate Officer — Title(s): ! — ❑ Partner — ❑ Limited D General ❑ Individual L Attorney in Fact ❑ Trustee 17, Guardian or Conservator 1 Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 PROJECT NO. 18L11 Contract No. 7189-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name L A-,; The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature, oA i I 18 Page 1 of 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 5 CC' r) �1. ADDENDUM NO. 1 WEST COAST HIGHWAY MEDIAN LANDSCAPING -- PHASE 2 PROJECT NO. 181-11 CONTRACT NO 7189-2 DATE: f BY:= -- ep,dy PWD/City Engineer TO: ALL PLANHOLDERS l The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. A. BID SUMMARY: 1. Change quantity of Bid Item #7 Demolish and Remove Existing Embossed Concrete Paving from 24,350 sf to 27,000 sf. 2. Change Item #11 to a lump sum. 3. Change Item #12 to a lump sum. 4. Change Item #13 to a lump sum. 5. Change Item #44 to a lump sum. 6. Change Item #45 to a lump sum. 7. Change Item #46 to a lump sum. Page 2 of 4 18. SPECIAL PROVISIONS: 1. Replace table of contents [ii] with the attachment. 2. Replace soil report pages 75-77 with the attachment. Replace Appendix A page 78 with the attachment. 4. Replace the corresponding base bid item descriptions in Section 9-3 PAYMENT with the following: Item No. 4 Staining Embossed Concrete: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for power washing existing embossed concrete (remaining after removals), and staining concrete to match West Pacific Coast Highway Phase 1 Improvements and all other work items as required to complete the work in place. After surface is clean and dry, apply one coat of Rustoleum Concrete Stain (Color: Earth Brown) with Hudson sprayer or per manufacturer recommendations. Concrete curb shall be masked off to prevent overspray. Notify City 48 hours prior to cleaning and stain application for City Inspector to be present during work. Item No. 11 Furnish and Install Artificial GFRC 4 -foot Boulders: Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. The Rock Market has established pricing for materials, tax and delivery for thirty-one (31) 4 -foot boulders to be $9,000.00. Item No. 12 Furnish and Install Artificial GFRC 3 -foot Boulders: Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. The Rock Market has established pricing for materials, tax and delivery for thirty-four (34) 3 -foot boulders to be $8,100.00. Item No. 13 Furnish and Install Artificial GFRC 2 -foot Boulders: Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive 50% of the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. The Rock Market has established pricing for materials, tax and delivery for thirty-eight (38) 2 -foot boulders to be $6,200.00. Item No. 29 Furnish and Install 36" Box Chaemerops humilis, (Mediterranean Fan Palm): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing Install 36" Box Chaemerops humilis, (Mediterranean Fan Palm), including soil amendments, backfill fertilizers and all other items as required to complete the work in place. Use 36" box spec with 5 trunks as a basis for cost (general example is provided with bid spec package). Page 3 of 4 ADDITIVE ALTERNATIVE BID ITEMS: Item No. 44 Furnish and Install GFRC 4' Boulders (Retrofit Phase 1): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove existing plant material in conflict with boulder placement, fine grade and install GRFC 4' boulders retrofitted into Phase 1 West PCH work, as directed by drawings and Engineer, and all other items as required to complete the work in place. The Rock Market has established pricing for materials, tax and delivery for seven (7) 4 -foot boulders to be $2,100.00. Item No. 45 Furnish and Install GFRC 3' Boulders (Retrofit Phase 1): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove existing plant material in conflict with boulder placement, fine grade and install GRFC 3' boulders retrofitted into Phase 1 West PCH work, as directed by drawings and Engineer, and all other items as required to complete the work in place. The Rock Market has established pricing for materials, tax and delivery for eleven (11) 3 -foot boulders to be $2,700.00. Item No. 46 Furnish and Install GFRC 2' Boulders (Retrofit Phase 1): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove existing plant material in conflict with boulder placement, fine grade and install GRFC 2' boulders retrofitted into Phase 1 West PCH work, as directed by drawings and Engineer, and all other items as required to complete the work in place. The Rock Market has established pricing for materials, tax and delivery for nine (9) 2 -foot boulders to be $1,500.00. C. PLANS: 1. See as -built plans "R_5569_S" that indicate removing portions of the tank road at this ftp site: ftp://newportbeachca.qov/ABaidene.gro/West%2OCoast%20Hwy%2OPhase%201 I/ 2. See Potential Tank Road Removal exhibit attached. 3. Replace PCH Phase 1 Boulders Additive Alternative Plans pdf on PlanetBids with PCH PH1 Supplemental Boulders plan attached. 4. Replace plan sheets 2-12 and 14-19 of C-7189-2 Plans [Final] pdf on PlanetBids with plan sheets 2-12 and 14-19 attached. Page 4 of 4 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) rized Signature & Title j �{ y4 z"t Ats Attachments: Special Provisions, Table of Contents (iiJ Special Provisions, Soils Report, page 75 - Special Provisions, Appendix A, page 76 Potential Tank Road Removal exhibit (5 sheets) PCH PHI Supplemental Boulders plan (3 sheets) Updated plan sheets 2-12 and 14-19 for WCH Median Landscaping Phase 2 City of Newport Beach WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 PROJECT NO. 1811-11 Contract No. 7189-2 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: , w Business Address: 15 1 4C_� OIL, Telephone and Fax Number: AUcl- L61'Lk S-7 California State Contractor's License No. and Class: Cli'I ` 511q - A, C- 13 ; 6,-V (REQUIRED AT TIME OF AWARD) Original Date Issued: '- Expiration Date: s "' J 2&L1 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: L 11 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 jI ��.m.vrC 6 Lr F+t' 6 M t +a.1dc%.1 A, GL ITR.. -LIS 1 0 Corporation organized under the laws of the State of Ca � i 0\s The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. o Have you ever failed to complete a project? If so, explain_ For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes +::NJf , 20 Are any claims or actions unresolved or outstanding? Yes /i. to 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. Bidder (Print name of Owner or President oforation/Co pan r 4A7horized Signat e/Title Title i 2 1 Date On 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 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. WITN my hand and official seal. HECTOR ZAVALA (SEAL)— NotaryPublic-California x San Bernardino County } N lic in and for said State u ��a/nr.f� Commissionp2217476 My Comm. Expires Oct 28, 2021 My Commission Expires. 1!2 21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 _ i.,i K`,r..c F' ..c..( .... ..... A notary public or other officer' completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On n / i 4 before me, Date personally appeared Diana Kasbar Hector Zavala, 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. HECTOR ZAVALA Notary Public - CaVornia ti San Bernardino County Commission # 2217476 My Comm. Expires Oct 28,20.2 J1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my handTidd official seal. Signature _ Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): _ I❑ Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact ❑ Trustee ID Guardian or Conservator Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General 71 Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ _ _ Signer Is Representing: ©2014 National Notary Association - www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 PROJECT NO. 18L11 Contract No. 7189-2 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 WEST COAST HIGHWAY MEDIAN LANDSCAPING — PHASE 2 CONTRACT NO. C-7189-2 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 KASA CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 15148 Sierra Bonita Lane, Chino, California 91710, 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: Clearing and grubbing, grading, landscape installation, establishment and maintenance, irrigation, improvements, concrete staining, faux boulder placement, providing as - built drawings, and all other incidental items of work necessary to complete the work in place (the "Project" or "Work"). C;. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1, CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. C-7189-2, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3_ COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Nine Hundred Seventy Five Thousand Three Hundred Fifty Dollars and 50/100 ($975,350.50). 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 Sam Kasbar to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6, NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing KASA Construction, Inc. Page 2 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: Sam Kasbar KASA Construction, Inc. 15148 Sierra Bonita Lane Chino, CA 91710 KASA Construction, 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. KASA Construction, 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 KASA Construction, Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, volunteers and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. KASA Construction, Inc. Page 6 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 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 KASA Construction, Inc. Page 7 non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 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 KASA Construction, Inc. Page 8 shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 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] KASA Construction, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: l(.t By:_ /on Ha Z�.A „►%tti,e City Attorney ATTEST: Date: By: ZA. 4 r A %",- Lei6nil. Mwn City Clerk CITY OF NEWPORT BEACH, a California � municipal corporation Date: Zc 20 BY. �— Will O'Neill Mayor CONTRACTOR: KASA Construction, Inc., a California corporation Date: Signed in Counterpart By: Diana Kasbar President Date: Signed in Counterpart By: Sam Kasbar Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements KASA Construction, 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 Date: By: yG A on C. Harp?'- City ar City Attorney ATTEST: Date: LIM Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date.�� — By:_.__ Diane B Mayor Dixon CONTRACTOR: KASA Construction, Inc., a California corporation Date: BY: 1' na Kasbar President Date: ary [ENS} OF SIGNATURES] Attachments: Exhibit A Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C - Insurance Requirements KASA Construction, Inc. ` Page 10 Bond No.: 024236626 ** In Duplicate ** EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 024236626 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to IKASA Construction, Inc, here nafter designated as the "Principal." a contract for West Coast Kghway Median Landscaping , Phase 2, ., consisting of clearing and grubbing, grading, landscape installation, establishment and maintenance, irrigation improvements, conorete staining, faux boulder placement, providing as -built drawings, and all other incidental items of work necessary to complete the work in place, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reterence. 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, _ The Ohio Casualty Insurance Company duly authorized to transact business ander 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 Nine Hundred Seventy Five Thousand Three Hundred Fifty Dollars and 501100 ($975,350.50) lawful money of the United States of Arnefica, said sum being equal to 100% of the estimated aMorint payable by the City of Newpoft Beach Linder the terms of the Contfact; 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 pfesent, 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 far arly amounts rerluired to be deducted, withheld and paid over to the EmployrYler7t 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, tr, be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of tine State of California. KASA Construction, 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 4th day of December , 20 19. Kasa Construction Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 62 Maple Avenue, Keene, NH 03431 Address of Surety yau)-2 -3 8a Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1171>-o 4 Aaron C. 1-1 p &<M 11-hRI q City Attorney u horized Sig ture/Title -awaz;lzz Authorized Agent Signature Matthew R. Dob ns / Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTA CHED KASA Construction, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On 1z I 1I 20 before me, A Notary P blic, personally appeared tiaw,� 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,rply hand and official seal. Sig 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 HECTOR ZAVALA Notary Public - California San Bernardino County Commission #2217476 My Comm. Expires Oct 2P.. 2021 (seal) County of Orange —)SS, On December 41h , 20 19 before me, Erika Guido Notary Public, personally appeared Matthew R..Dobvns proved to me on the basis of satisfactory evidence to be the p on yb, ribed to the within instrument nd acknowled o me tha he it hi authorized capacity ), and that b hi Ignatu th perso.or the entity upon beha of which th erson acted, exE whose nae is Vexecute-Td th same n the instrument uted the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing CWITNE"'10 aph is true and correct. �0; a ficial seal. I ERIAUIQO i CORU7M� # 2190052 NOTARY PUBLIC CALIFORNIA o - ORANGE COUNTY n+ Sign _ � n1�x so„m expires May K, 2421 ��{seal } KASA Construction, Inc. Page A-3 - Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8197144-969327 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, [Mal Liberty Mutual lnsufaa{.e Company is a corporation duly organized under the lav; of the Slate of Nlassmikusetts, and West AiWcan lmurarxa Company is a cnrporalion duly or4jwized under !hie laws of the State of I+tdiwu lhwecl c05ecfively called the `Companies'), pmiwl la and by authority hermit set fxUi, dams hereby name, consulate and appant. Mal i hc%%. N thrl rr1K, Rund3; tipahn all of the city of Sant -a Ana state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 19th day of October , 2018 . State of PENNSYLVANIA County of MONTGOMERY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company { West American Insurance Company IF r ; 1912¢ t9194 £ 1 g9 'f�, 4401,'.o, ;}e ry * k w# ask K By: David M. Carey, Assistant Secretary On Nuts day of Orlober 2018 before me tlerscxtally appeared David 6A Carey, who aLlgKwAedgad himseil la be libe Aseislanl ° e!NY of Lk" Muluei insurance Company, The Ohio C Company, Aid West Amariran Inswance Cnnupony, and tbA he, as 2-udk. brw-g authorized SD to 1110, a Kule the foregoing Instrument for dire purposes [herein canlalned by Signing on 4ehnlf of the ccrporalJoiLs by himself as a d* sulharized afker. IN WITNESS WHEREOF, I have Irerel,inlo subscubrwd any name aro allfxed my mla is aaat al Jung of fts&a. r.�Gln #p COMMONWEALTH OF PENNSYLVANIA 1• ri r N3W" 5kHI UP Tone Pakten, NnWY ri011; me&n hyp. MnnkD mo'! Cuu111e MyCWmosimnEipro NWT 1.?0.2021 5�wi Adamtw. Pennsylvania Assmlaiio Of NM.0s AelursyNarr* on the dey and y0ar firs! above wAlen. dpi E b .5 lay: G di �C C l 1 N mesa Pnskk Notmr Public r n 'This Powff od AllOfney is made and exeatted pursuant l0 and by aulhorily of Rhe fa a vig By-laws and AuIhOrRdhOns of The Olio Ca3iwlty Msuranca Company, U erty h1uwal Insurance Company, and Wesi Amadcaa Insurance Campmy whl0tr fftdipilim are now in full fa0e and mlfect reading as knows. AIRTICLElV—OFFICERS=Secltkm 12. PaAwi3rA16omey. Arty officer or other official al ilia Corporelron autharhed for that purp%e in waling by Ins ChakriVin or the Pra9idenl, and suhject to arch lirmlefion as Ute Cluirntm ar the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have hW power * ihrd the Corpwakon by M& sajnaWn8 rad execution of My such in5linumenta and to M[adi Uiereta Ilse seal of the Cmpmkan. When so executed, such nrm instanLs Shall bear lan4riq as d signed by the Pfesidml Wd atfiu& ed to try the Secratary. Any pi;mer w auNwnly granted to any representative flv 4WOM ".-Fact 0u�; the provisions of titre arlicla rmay ae revoked al any bine by the Board. Uie Choi nwi. the Presfdeu;l ar by Ih0 ailioer fr eificel9 granting sucli power cr;utllxxily. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as it signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Matual insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the P,:wer of Attorney executed by said Companies, is in foil force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 4, —day of December 21) 19 a Po * 11 a ¢ 179 n A 181 q.,y By: +r.YP4"' L Ir MIAMI" V — A k�yd �' ; 6# Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Co 062018 -L� C� 129 c a � 0 yo ro CA 0 (' U Or OCD THE FINAL PREMIUM IS In Duplicate Bond No. 024236626 [PREDICATED ON THE ** ** _FINAL CONTRACT PRICE EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 024236626 FAITHFUL PERFORMANCE BOND The premium charges on this Band is $ 9,705.00 , being at the rate of $ 11.88 First $500K & $7.92 Balance thousand of the Contract price. WHEREAS, the City of Newport Beach. State of California, has awarded to KASA Construction, Inc. hereinafter designated as the "Principal," a contract for West Coast Highway Median Landscapf ng — Phase 2, consisting of clearing and grubbing, grading, landscape installation, establishment and maintenance, irrigation improvements, concrete staining, faun boulder placement, providing as -built drawings, and all other incidental Items of work necessary to complete the work in place, in the City of Newport Beach, in strict confarmity 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 The Ohio Casualty Insurance Company ,duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly hound unto the City of Newport Beach, in the Burn of Nine Hundred Seventy Five Thousand Three Hundred Fifty Doltars and 501108 ($976,050.50) lawful money of the United States of America, said sum being equal to 10 0 % 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, orir heirs, executors and administralors, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' ':,es, incurred by City, only in the KASA Construction, Inc. Page B-1 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 4th day of December 2019, Kasa Construction, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 62 Maple Avenue, Keene, NH 03431_ Address of Surety 1(858) 255-3988 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: / 7,(Lo _ By: _ Aaron C. Harp (W en1 City Attorney Authorized Si ature/Title Authorized Agent SiInture Matthew R. Dobyns / Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED KASA Construction, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of r ss. ail 20 bsfQFe Me, Ue Ar 2--,V Notary tabic, personally appear8d "f, tel.--V— who proved to aye on the basis of satisfactory evidence to be the persen(s) whose name(s) islaire' subscdbad to the within instrument and acknowledged to me that he/she{they executed the sane rn Mather/their authorIzed capacity(Fes), and that by hislher/their signature, -,(s) on the irastrurneat the perscin(s), orthe entity upon behalf of which the person(s) acted, executed the instrunlent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HECTOR ZAVALA Notary Public - California WITN S my hand and official seal._ - San Bernardino County Commission k 2217476 yConlM. Expires Oct 28, 2011 (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 Orange } ss. On _ December 4th 20 19 before me, __. Erika Guido F Notary Public, personally appeared Matthew R. Dob ns proved to nle on the basis of satisfactory evidence to be, Ilia p or whose name ) su cribed to the within instrument nd acknoladg me tha he executed the same in hi ��Lreir authorized capacity�s) end that by his gnatures on the instrument th perso* or the entity upon beh f of which the rson( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing par h is true and correct. ITNESS y ha a eal. ERiKAU1b�ni a C 0M M. # 2'190052 � N01ARY PLIMC CALI�QRNIA + ORANGE COUNTY ro ignature My comm. expires May S 2025 al) KASA Construction, Inc. Page B-3 Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8197144-969327 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ivintille\\' R. Dob my s; Rand S john - all of the city of Santa Ana state of - CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Comparries in their own proper. persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 19th day of October , 2018 . State of PENNSYLVANIA County of MONTGOMERY Liberty Mutual Insurance Company yy nrasutV Isr,, twafr The Ohio Casualty Insurance Company 0 West American Insurance Company 19 2 ¢ 4 a ab o aeMA gD� N? 400 RLLh L# David M. Carey, Assistant Secretary Onthls 191.11 4y of. iecuil*l , 2i1IK beiprcme rsoraE 1 pe iy appealed David M. Carey, wlro arkrw�dged himself ro be the Assia[anE Secretary d L1r5el ty i�lllrel! Insuranr� o Corr�aany. the Ohio Casuaily +'� T4wy, and Weak Amari�an Insuralxe Company, and That ne, oks such- beirg surfia Iced W to do, execute the kxquirxf instrument fur Inc pt+rpvses — Iflorain ooalaarled by sigl�g on behalf of the crorpnrations by himmlf as a duly amlharized officer. H3 LU Q0 IN WiTNI`SS WAr=I2EpF, I have heraonlo subecxwuq my name and aifixed my nalarlail seal al Kong of Wusaia. PeftnsyA ansa, an the day and year first above WHIFin. n(f COMMONWEALTH OF PENNSYLVANIA rw eeafask^Ia, ewvlly PunicBy:6inrih 2R. �p leresa PastellaNotary Public Member. Pennsylvania Assoclefion of Notaries rigs PVNer rrl Abomey Is made afld wiwied pursrlant trr and by aulharity of the following By -farcy and AullhGr12@&MS Of The Ohio Casualty Inaelrarim C.aminmy, Lularly Mutual mflurama CoiRwloy, and We6l Amarican lusurarlee Company i►hioh resclullons are nown full foace and ofted reading as fatlaws. ARTICLE IV -OFFICERS; 5eobm 17- Pamr of Agnes. Any ofikar nr orhm alfidal cd the Curpmation authorizmd for that plxpeae In wriling by The CtN irrran or the PreyideM, and shod ba such Ilritilation ES Itre Chairman or lire f resident nmy pfomrlbe, shah appoint such Mb3rnoys-In-W. 0s may 4e naeesswy to all in teW of pie Corpofwjm in make, exemle, seal, acknnwL�dge and Jdtvar as u"y Fay and all undertakings, bonds; reoognlzanoes and oltw suraly obi pa ms Such attarnays-Io-faGl, W.1ted t4 the limllatiolrs se! forth in [heir respacilve pgwers of attorney. Mall stave hn1 parer to bind the Corplxatim by Vm!iF signature and ext dhk or any stmh alsirumonls and. to attach thereto Ihn seig of the Corporation. ilrTleri sxr exeoutett such irlshument8 001 tre ds tanift as if signed by tlae Prasrdenl and attested to by the miary. Arhy Pmar Of aultop 4 gra+lled Jo slay reprgse+ IaVYE W under the provisions d this artida may be revoked at any lima by trot Board, the Cheirmem, deo- R%wdenl ur by the otfil7er or cdlims grrnrlirS such pDAw al auhha 1y. ARTICLE YJ1- Exacutlmt of COFVhtt5: Sedian 5. Surely Bands and Undertakings. AiV alim of the Company a dhxow !or Mil purpose in wailing by the cflaxnearr Dr the presidam. and subject bo such limitalions"Phe ohaim►an of the president may preambo, shall appoint suer 811orareys io-far as may ba i latecsary W act in behalf al tho Canwy to make, a imute, seat ackncNlledge and delvar as surely any and all undertetr«rfls, bonds- remgnizances and ether surely abligabans. Such atkxnays,in-W subject to Inc limilakcrir set b* in their respaclrva powwr. of attannay, 9%1 have 411 parser IO bred the fiAmpony by Ihar signature and irx96rdion od any such inslrumaals and Iv all ich Ihereia the seal of IN] Company, %W so 9X60Aed such instruments shall he as binding as d digned by the president and attested by the secraldry. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 4ih day of December - 2019 �A eek QW,*nflvo. 'aPy DRi, p ` � y IY" 'rffL.. 810� By. Renee C. Llewellyn, Assistant Secretary f i f it x t< LMS -12873 LMIC OCIC WAIC Multi Coa062018 rn rn -� sn d' A C9 o L) � ct r EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 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. . Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. r. 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 KASA Construction, Inc. Page C-1 million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C_ Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B, Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. KASA Construction, Inc. Page C-2 D_ Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. 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. 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. B. ,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. KASA Construction, Inc. Page C-3 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. 1=• Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured 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. f -G 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. 1, 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. KASA Construction, Inc. Page C-4 1. 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. �. 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. KASA Construction, Inc. Page C-5 From: EXIGIS RiskWorks <notifications@riskworks.com> Sent: Monday, December 16, 2019 8:51 AM To: Morgan, Shelby Subject: City of Newport Beach: Notice of Waiver for KASA Construction, Inc. Dear Business Partner, City of Newport Beach has completed its review of the insurance documentation submitted on behalf of KASA Construction, Inc. and has waived its standard insurance requirements. The following comments were provided: Evaluation waived by reviewer No further action is required at this time. You will receive a renewal notice requesting the submission of updated insurance documentation in advance of expiration. If you have any questions, please contact EXIGIS Risk Management Services at supportgexi 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 ofNewport Beach 800-430-1589 support(a)exi is.com Organizational Unit : City of Newport Beach -> Public Works Agreement Name: West Coast Highway Median Landscaping - Phase 2 Agreement Number: 7189-2 City of New ort Beach WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 PROJECT NO. 18L11 Contract No. 7189-2 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 7189-2 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: l t)1'eJ Ret — - Date r 1 Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification (s) I bpvuC, (�,0)-�) DIR Registration Number Bidder's email address: PR -1 Eid4er . der's Authoriz `d Signature and Title Bidder's Address l City of Newport Beach Page 13 WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 (C-7189-2), bidding on October 29, 2019 10:30 AM (Pacific) Printed 10/29/2019 Bid Results Bidder Details Vendor Name KASA Construction, Inc. Address 15148 Sierra Bonita Lane Chino, CA 91710 United States Respondee Hector Zavala Respondee Title Estimator Phone 909-457-8260 Ext. Email hectorz@kasaconstruction.com Vendor Type CADIR License # 927544 CADIR 1000006013 Bid Detail Bid Format Electronic Submitted October 29, 2019 9:32.31 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 193983 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bid Bond Signed Bid Bond.pdf Bid Bond General Attachments Proposal.pdf General Attachment i Line Items Type Item Code UOM Qty Unit Price Line Total Comment Base Bid (Award to be based on lowest base bid amount PLUS the additive alternative bid items identified herein) 1 Mobilization LS i $110,000.00 $110,000.00 2 SWPPP I LS 1 $10,000.00 $10,000.00 .s Traffic Control LB 1 $90,000.00 $90,000.00 4 Staining Embossed Concrete SF 6850 $1,50 $10,275.00 Clearing and Grubbing 5F 31813 $1.50 $47,719.50 I City of Newport Beach Page 14 WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 (C-7189-2), bidding on October 29, 2019 10:30 AM (Pacific) Printed 10/29/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Export and Dispose of Existing Topsoil CY 552 $25.00 $13,800.00 1 Demolish and Remove Existing Embossed Concrete Paving SF 27000 $2.25 $60,750.00 8 Remove Existing Remote Control Valves, REpair Mainline and Splice Wires LS 1 $15,000.00 $15,000.00 9 Demolish and Remove Existing 12" Thick Concrete Tank Road Paving SF 36495 $2.30 $83,938.50 10 Fumish and install Import Soil (Qty Incl. Tank Rd. Removal) CY 2705 $15.00 $40,575.00 11 Furnish and Install Artificial GFRC 4' Boulders LS 1 $12,000-00 $12,000.00 12 Furnish and Install Artificial GFRC 3' Boulders LS 1 $11,000.100 $11,000.00 13 Furnish and Install Artificial GFRC 2' Boulders LS 1 $8,000.00 $8,000.00 14 Furnish and Install 2" Sall Valves LA 1 $250.00 $1,750.00 15 Furnish and Install New Branded RCV Lids CA 18 $45.00 $810.00 16 Furnish and Install Replacement 6-Inch Popup Heads/Nozzles for Existing Southside Parkway Planets Irrigation Systems EA 297 $35.00 $10,395.00 17 Furnish and Install Replacement Shrub AdaptersJNozzles for Existing Southside Parkway Planters Irrigation Systems EA 466 $30.00 $13,980.00 18 Furnish "As-Built" Record Drawings LS 1 $1,500.00 $1,500.00 19 Inspect and Repair Existing Irrigation Systems LS 1 $35,000-00 $35,000.00 20 Furnish and Install Rotator Heads, Bubblers, and Lateral Lines SF 36495 $2.00 $72,990.00 21 Furnish and Install 1-Inch Remote Control Valves EA 9 $350.00 $3,150.00 City of Newport Beach Page 15 WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 (C-7189-2), bidding on October 29, 2019 10:30 AM (Pacific) Printed 10/29/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 22 Furnish and Install Quick Coupler Valves EA 24 $250.00 $6,000.00 23 Install Finish Grading SF 43958 $0.55 $24,176.90 24 Install Soil Preparation SF 43958 $0.50 $21,979.00 25 Perform Weed Abatement SF 43958 $0.10 $4,395.80 26 Furnish and Install 2-inch Layer of "Walk-On" Mulch SF 43958 $0.35 $15,385.30 27 Furnish and Install 8' BTH Trachycarpus Fortunei (Windmill Palm) FA 6 $1,200.00 $6,000.00 28 Remove and Box Up "Short" Trachycarpus Fortunei. Deliver to Big Canyon Reservoir and Select Taller Specimens of Same Species to Replace EA B $800.00 $4,800.00 29 Furnish and Install 36" Box Chaemerops Humilis (Mediterranean Fan Palm) EA +4 $1,100.00 $4,400.00 30 Furnish and Install 36" Box Cassia Leptophylla (Gold Medallion Tree) EA 61 $800.00 $48,800.00 31 Furnish and Install 24" Box Furcraea Foetida'Mediopicta' Shrub (Mauritius Hemp) EA 47 $320.00 $15,040.00 32 Furnish and install 15 Gallon Aloe Barbadensis Shrub (Barbados Aloe) EA 132 $115.00 $15,180.00 33 Furnish and Install 5 Gallon Agave Attenuata 'Nova" F-A 492 $30.00 $14,760.00 34 Furnish and Install 5 Gallon Carissa Macrocarpa 'Green Carpet' EA 1323 $15.00 $19,845.00 35 Furnish and Install 5 Gallon Crassula Argentea EA 154 $30.00 $4,620.00 36 Furnish and Install 5 Gallon Hemerocallis Hybrid EA 296 $15.00 $4,440.00 37 Furnish and Install 5 Gallon Hesperaloe Parvifolia'Brakelights' EA 947 $28.50 $26,989.50 City of Newport Beach Page 16 WEST COAST HIGHWAY MEDIAN LANDSCAPING - PHASE 2 (C-7189-2), bidding on October 29, 2019 10:30 AM (Pacific) Printed 10/29/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 38 Furnish and Install GallonJuncus Patens F -A 30 $20.00 $600.00 39 Furnish and Install 1 Gallon Aloe Rudikoppe'Little Gem' EA 1146 $12.00 $13,752.00 40 Furnish and Install 1 Gallon Dianella Caerulea 'Cassa Blue' EA 412 $10.00 $4,120.00 41 Furnish and Install 1 Gallon Limonium Perezii EA 299 $10.00 $2,990.00 42 Furnish and Install Senecio Mandraliscae in 4" pots, 12" O.C. Triangular Spacing SF 13136 $4.00 $52,544.00 43 Perform 30 -Day Landscape Establishment & 60 -Day Landscape Maintenance Phase LS 7 $4,000.00 $4,000,00 Subtotal $967,450.50 Additive Alternative Bid items (Award to be based on lowest base bid amount PLUS the additive alternative bid items identified herein) 44 Furnish and install GFRC 4' Boulders (Retrofit Phase 1) LS 1 $2,600.00 $2,600.00 45 Furnish and install GFRC 3' Boulders (Retrofit Phase 1) LS 7 $3,500.00 $3,500.00 46 Furnish and install GFRC 2' Boulders (Retrofit Phase 1) LS i $1,800.00 $1,800.00 Subtotal $7,900.00 Total $975,350.50 Subcontractors Name & Address Description License Num CADIR Amount Type Turboscape Mulch Installation 851931 1000014997 $12,375.00 P.O. Box 1062 Lake ELsinore, CA 92531 United States Lew a Operati-Ing Corp. 1156 N. Mountain Avenue (91786) / Post Office Box 670 Upland; CA 91785-0670 Office — (909) 949-6789 / Facsimile (909) 931-5595 January 21, 2015 RE: Letter of Recommendation for KASA Construction To Whom It May Concern: In September of 2014, KASA Construction was selected and began construction of certain CFD improvements in our Park Place master planned community in Ontario, CA (a joint venture project by Lewis Community Developers and Stratham Communities). Park Place showcases homes by industry leading homebuilders, KB Home, TRI Pointe Homes, Ryland Homes and Woodside Homes. The CFD improvements completed by KASA Construction included Celebration Park (a 6 acre public park) and Merrill Avenue landscape improvements with total costs in excess of $5,000,000. KASA Construction was aggressive in their bidding for Celebration Park and were approximately 14% lower than the second place bid. The Park Place Grand Opening took place on November 8, 2014 and over 4,000 people attended the opening celebration which included the viewing of 18 beautifully appointed model homes and a tour of the Parkhouse (a spectacular 14,500SF recreation center). The Grand Opening also included live entertainment and food service in Celebration Park. The date of the Grand Opening; however, was not confirmed until after KASA Construction had commenced its work. KASA Construction rose to the challenge and completed over $5,000,000 of construction in half the time granted by our agreement. A significant portion of the work had to be completed within a mere 20 working days from commencement of construction. Six months of construction were accelerated and successfully completed within a total of 60 working days — all while coordinating construction activities with various contractors of other trades concurrently performing work within Park Place. KASA's exemplary performance exceeded our expectations. It is with great pleasure that we have been afforded the opportunity to collaborate with KASA's experienced, dedicated and driven staff. KASA's professional managerial skills, from the top down, alongside their relentless "get the job done" attitude and approach in the administration and implementation of construction truly made the difference in the successful and accelerated completion of Celebration Park which allowed us to meet our November 8t1' Grand Opening date. I look forward to working with the KASA Construction team on many more projects in the future. Sincerely, ". A) 1041 Randall Lewis Executive Vice President City of Westminster 8200 Westminster Boulevard, Westminster, CA 92683 714.898.3311 www.westniinster-co.gov December 12, 2016 KASA Construction, Inc. 15148 Sierra Bonita Lane Chino, CA 91710 Subject: Letter of Recommendation Hoover Street Pedestrian and Bike Trail Improvements To Whom It May Concern: TRI TA Mayor SERGIO CONTRERAS Mayor Pro Tem DIANA LEE CAREY Council Member TYLER DIEP Council Member MARGIE L. RICE Council Member EDDIE MANFRO City Manager The City of Westminster would like to thank KASA Construction for their commendable performance in completing the Hoover Street and Bike Trail Improvements project. The scope of work consisted of removing and replacing an existing AC pavement trail, damaged curb, gutter, and sidewalk and installing new concrete walking trail, curb ramps, a two -wire controller/irrigation system, landscaping, lighted bollards, stabilized DG, decorative fencing, decorative boulders, striping and pavement markings. KASA Construction's field and management staff executed the work professionally and with diligence while upholding the highest work standards with emphasis on on-time deliverables, presentation and quality of the finished product. A safe work environment was provided for both KASA's crew and the public at all times; the site was kept clean both during the working hours and at the end of each day to the City's satisfaction. Should you have any further questions, please feel free to contact me at 714-548-3459. Sincerely, Jake Ngo, P.E. Principal Civil Engineer City of Westminster/Public Works Department March 21, 2019 Subject: Letter of Recommendation Freeway Frontage Landscaping Project Contract Value: $512,251.57 To Whom It May Concern: We, the City of Westlake Village, would like to praise KASA Construction, Inc. for their outstanding work on the Freeway Frontage Landscaping Project in the City of Westlake Village off of the 101 Freeway and Lindero Canyon Road. The scope of work for this project included installing new irrigation and landscaping along the freeway onramp at Lindero Canyon Road. All work was completed in an efficient and timely manner. KASA completed this project with diligence, maintaining the highest level of professionalism and attention to detail. The project management team consistently kept the City's best interest in mind and cooperated transparently with the City to overcome any challenges which were faced during construction. KASA's team was easy to work with and made certain that best practices for safety, security and cleanliness were enforced and adhered to at all times. KASA's professional managerial skills, alongside their unyielding "get it done" attitude and approach in the administration and implementation of construction truly made the difference in the successful and timely completion. We would absolutely not hesitate to refer KASA's excellent services to others. We look forward to completing more projects alongside the KASA Construction team in the future. Sincerely, r Bucker �r c k -Co strurtib Marsat;eP 31200 OAK CREST DRIVE + WESTLAKE VILLAGE • CA • 91361 . (818) 706-1613 • FAX (818) 706-1391 . www.wiv.org WVAIL L E Y 401 MORINO July 24, 2018 Subject: Letter of Recommendation John F. Kennedy Veterans Memorial Park Restroom Improvements Project Project No. PCS HSG GR — JFK RENO To whom it may concern: It has been a pleasant experience working with Sam Kasbar and his staff with KASA Construction on the JFK Park project. This project included a prefabricated restroom, plumbing, electrical, sewer, picnic shelter, irrigation, turf installation, shrub installation, colored concrete walkways, and site amenities. The final project turned out absolutely beautiful. KASA was proactive throughout the project, notifying me of problem areas of plan elevations to material delays. KASA took these issues in stride and worked on other projects while waiting for plan revisions and materials. KASA kept a clean and safe work site. What was really commendable was that KASA still made the project- schedule. It would be a pleasure to work with Sam and KASA Construction again. Sincerely, Tony Hetherman Parks Projects Coordinator TH Enclosure: Letter of Recommendation Project File Department of Public Works Douglas S. Stack, P.E. Director October 31, 2017 KASA Construction, Inc. 15148 Sierra Bonita Lane Chino, CA 91710 Subject: KASA Construction, Inc. Work Performance Commendation KASA Construction, Inc. has performed the construction of the Detention Basin Landscaping and Water Quality Installation and Tustin Legacy Linear Park Improvements project successfully to the satisfaction of the City. KASA Construction, Inc. has been a true partner throughout the process and the City greatly appreciates the efforts. We look forward to working with KASA Construction, Inc. in the future and would highly recommend your company to other agencies. Very ruly yours, b��" Ken Nishikawa Deputy Director of Public Works/Engineering 300 Centennial Way, Tustin, CA 92780 0 P; (714) 573-3150 9 1~: (714) 734-8991 6 www.tustinca.org CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS S CAp fi y ate Ofi C A>I 0 NEST COAST HIGHWAY AY MEDIAN LANDSCAPING - PHASE 2 PROJECT NQ, 18L'I'I CONTRACT NO. C-7189-2 PART 1- GENERAL PROVISIONS I SECTION 1— TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1 1-2 TERMS AND DEFINITIONS 1 SECTION 2 - SCOPE AND CONTROL OF THE WORK 1 2-1 AWARD AND EXECUTION OF THE CONTRACT 1 2-5 PLANS AND SPECIFICATIONS 2 2-5.2 Precedence of Contract Documents 2 2-6 WORK TO BE DONE 2 2-9 SURVEYING 2 2-9.1 Permanent Survey Markers 2 SECTION 3 - CHANGES IN WORK 3 3-3 EXTRA WORK 3 3-3.2 Payment 3 3-3.2.2 Basis for Establishing Cost 3 3-3.2.3 Markup 3 SECTION 4 - CONTROL OF MATERIALS 3 4-1 MATERIALS AND WORKMANSHIP 3 4-1.3 Inspection Requirements 3 4-1.3.1 General 3 SECTIONS - UTILITIES 4 5-1 LOCATION 4 5-1.1 General 4 5-2 PROTECTION 4 5-4 RELOCATION 4 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 5 6-7.1 General 5 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6 6-9 LIQUIDATED DAMAGES 6 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 6 7-1.2 Temporary Utility Services 7 7-2 LABOR 7 7-2.2 Prevailing Wages 7 7-7 COOPERATION AND COLLATERAL WORK 7 7-8 WORK SITE MAINTENANCE 7 7-8.4 Storage of Equipment and Materials 7 7-8.4.2 Storage in Public Streets 7 7-8.6 Water Pollution Control 8 7-8.6.2 Best Management Practices (BMPs) 8 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP) 8 7-10 SAFETY 9 7-10.3 Haul Routes 9 7-10.4 Safety 9 7-10.4.1 Work Site Safety 9 7-10.5 Security and Protective Devices 9 7-10.5.3 Steel Plate Covers 9 SECTION 9 - MEASUREMENT AND PAYMENT 9 9-2 LUMP SUM WORK 10 9-3 PAYMENT 10 9-3.1 General S.0 9-3.2 Partial and Final Payment. 2.0 PART 3 - CONSTRUCTION METHODS 21 SECTION 300 - EARTHWORK 21 300-1 CLEARING AND GRUBBING 21 300-1.3 Removal and Disposal of Materials 21 300-1.3.1 General 21 300-1.5 Solid Waste Diversion 21 308-1 General 22 PART 6 — TEMPORARY TRAFFIC CONTROL 23 SECTION 600 - ACCESS 23 600-1 GENERAL 23 600-3 PEDESTRIAN ACCESS 23 SECTION 601 — WORK AREA TRAFFIC CONTROL 23 601-1 GENERAL 23 601-2 TRAFFIC CONTROL PLAN (TCP) 23 PART 8 — LANDSCAPE AND IRRIGATION 24 SECTION 800 Materials and 801 Installation 24 APPENDIX A 78 CALTRANS ENCROACHMENT PERMIT 78 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS WEST COAST HIGHWAY MEDIAN LANDSCAPING — PHASE 2 PROJECT NO. 181_11 CONTRACT NO. C-7189-2 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6094-S); (3) the City's DesignCriteria, Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria Standard Special Provisions and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www - b n i boo ks. com /p cod u cts/sta nd a rd -s Dec ifications-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 'I —TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page 1 of 78 At the time of the award and until completion of work, the Contractor shall possess an "A" and "C-27" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of Clearing and grubbing, Grading, Landscape Installation, Establishment and Maintenance, Irrigation Improvements, Concrete Staining, Faux Boulder Placement, Providing As -Built drawings, and all other incidental items of work necessary to complete the work in place." 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor will: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c} file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. Page 2 of 78 SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs (prior to any markups) and shall constitute the markup for all overhead and profit: 1) Labor__..... ...... 15 2) Materials ................ , . , __...__,,....,,. 15 3) Equipment Rental .............. ......,.,,. 15 4) Other Items and Expenditures ........... 15 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs (prior to any markups) and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the subcontracted actual cost (prior to any markups) may be added by the Contractor. To the sum of the costs and markups provided for in this subsection, one (1) percent may be added as compensation for bonding. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Page 3 of 78 Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other Page 4 of 78 utility companies to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the project schedule. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION PROGRESS ANIS ACCEPTANCE OF THE WORT 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 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 baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline 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 baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the 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. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In additional, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 75 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Normal working hours are limited to 7:00 a.m. to 4:00 p.m., Monday through Friday. All work requiring the closure of vehicular travel lane(s) shall take place between 10:00 a.m. and 4:00 p.m. for southbound and 7:00 a.m. and 2:00 p.m. for northbound only. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Page 5 of 78 Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. 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 payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. 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. 6-9 LIQUIDATED DAMAGES 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 $1,800.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar 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 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES Page 6 of 78 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $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 $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, dust control, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing such water. 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready -mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Page 7 of 78 Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate administrative citation per Section 14.36.030 of the City's Municipal Code. 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP) Contactor shall retain a Qualified SWPPP Developer (QSD) to prepare a SWPPP for the project. The contractor shall implement and maintain the requirements of the SWPPP, including all required BMPs during all phases of the work. The implementation of the SWPPP shall be performed by a Qualified SWPPP Practitioner (QSP) to be retained by the Contractor. SWPPP implementation shall be subject to inspection by the City and any identified deficiencies shall be corrected by the Contractor at the Contractor's expense. The SWPPP shall be amended by the Contractor whenever there is a change in design, construction, operation or maintenance which has a significant effect on the potential for discharge of pollutants. The SWPPP shall also be amended by the Contractor if it proves to be ineffective in significantly reducing pollutants from the construction site. Each submittal shall include two (2) hard copies and one (1) Adobe Acrobat "pdf' copy. The SWPPP must be kept at the construction site during construction and also be available for review when requested by the Regional Water Quality Control Board (RWQCB) or the City. Page 8 of 78 Contractor is not responsible for filing a Notice of Intent (NOI) for permit coverage or a Notice of Termination (NOT) at project end. City will file the NOI and NOT through the State Water Resources Control Board (SWRCB) SMARTS system. The Contractor shall prepare and electronically submit all reports required by General Permit (including the Annual Report) to the City throughout the duration of the project for the City's review and submittal to the SWRCB SMARTS system. The Annual Report shall be submitted no later than August 1st of each year and must include a summary and evaluation of all sampling and analysis results, original laboratory reports, chain of custody forms, a summary of all corrective actions taken during the compliance year, and identification of any compliance activities or corrective actions that were not implemented. In the event the City incurs any administrative civil liability (fine) imposed by the RWQCB as a result of Contractor's failure to fully implement the provisions of this section, the Engineer may withhold from payments otherwise due the Contractor a sufficient amount to cover the fine. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety 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. The Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-10.5 Security and Protective Devices 7-10.5.3 Steel Plate Covers Steel plates utilized for trenching shall be the slip resistant type per Caltrans standards. In addition, steel plates on asphalt pavement shall be pinned and recessed flush with existing pavement surface. SECTION 9 - MEASUREMENT AND PAYMENT Page 9 of 78 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices 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. Contract will be awarded based on the lowest base bid amount plus the additive alternative bid items identified herein. The following items of work pertain to the bid items included within the Proposal.- BASE roposal: BASE BID ITEMS: Item No. 1 Mobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for providing bonds, insurance and financing, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. This bid item shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA markings and providing any required documentation as noted in these Special Provisions. Item No. 2 SWPPP: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for retaining a QSD and QSP to develop, amend and implementing the SWPPP. Item No. 3 Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for delivering all required notifications and temporary parking permits, posting signs, covering conflicting existing signs, and all costs incurred notifying businesses and residents, providing the traffic control required by the project Traffic Control Plans including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rails, temporary striping, and flag persons. This item includes providing four (4) CMS and updating messages on the CMS as requested by the Engineer. This item also includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 4 Staining Embossed Concrete: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for power washing Page 10 of 78 existing embossed concrete (remaining after removals), and staining concrete to match West Pacific Coast Highway Phase 1 Improvements and all other work items as required to complete the work in place. Item No. 5 Clearing and Grubbing: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for removing and disposing of the existing appurtenances, plant materials, tree trunks and roots of trees to be removed, debris; and all other work items as required to complete the work in place. The existing irrigation system and palm trees shall be protected in place as noted on plans. Soils shall be left in a condition ready for soil preparation. Item No. 6 Export and Dispose of Existing Topsoil: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for removing and disposing of existing topsoil in the medians only as denoted on the drawings, all disposal fees, transportation costs, and all other work items as required to complete the work in place. Item No. 7 Demolish and Remove Existing Embossed Concrete Paving: Work under this item shall include, but not be limited to the removal of all existing concrete paving as denoted on the drawings, removal of all debris, and all other work items as required to complete the work in place as determined by the Engineer to be prepared for the installation of soil amendments. Item No. 8 Remove Existing Remote Control Valves, Repair Mainline and Splice Wires: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, removing existing valves, capping / repairing mainline and splicing valve control and common wires with new 9" round plastic valve box, and all other items as required to complete the work in place. Item No. 9 Demolish and Remove Existing 12" Thick Concrete Tank Road Paving: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, demolishing and removing sections of the existing 12 -inch thick "tank road" located approximately 2.5 feet under the median planting areas. Work shall include proper disposal of material off site. Backfill with imported soil. Item No. 10 Furnish and Install Import Soil: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, spreading, and compacting top soil, shaping and removing irregular landforms and erosion damage to meet the finish grade requirements, and present a smooth and properly drained landscape surface ready for finish grading and soil preparation, and all other work items as required to complete the work in place as determined by the Engineer. Import soil shall be also used to backfill removal of "tank road" concrete paving. Costs shall include all testing at Soils Laboratory. Quantity includes 3 feet of depth, regardless of presence of tank road. Page 11 of 78 Item No. 11 Furnish and Install Artificial GFRC 4 -foot Boulders: Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. Item No. 12 Furnish and Install Artificial GFRC 3 -foot Boulders: Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. Item No. 13 Furnish and Install Artificial GFRC 2 -foot Boulders: Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive 50% of the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. Item No. 14 Furnish and Install 2" Ball Valves: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new ball valves, pipe material, valve boxes, recycled water identification, and appurtenances to make connection to irrigation water system, and all other items as required to complete the work in place. Item No. 15 Furnish and Install New Branded RCV Lids: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new branded irrigation box lids for all boxes, and provide I.D. tags for appurtenances inside boxes as required to complete the work in place. All valve lid numbers shall match Irrigation plans. Item No. 16 Furnish and Install Replacement 6 -Inch Popup Heads / Nozzles For Existing Southside Parkway Planters Irrigation Systems: Work under this item shall include, but not limited to the cost of labor, equipment and materials for providing replacement 6 -inch popup heads and nozzles for all existing 6 -inch popup sprinklers located within the scope of scope on the south side of West PCH parkway planters as specified on drawings and details, and all other work items as required to complete the work. Item No. 17 Furnish And Install Replacement Shrub Adapters / Nozzles For Existing Southside Parkway Planters Irrigation Systems: Work under this item shall include, but not limited to the cost of labor, equipment and materials for providing replacement shrub adapters and nozzles for all existing sprinklers on risers located within the scope of scope on the south side of West PCH parkway planters as specified on drawings and details, and all other work items as required to complete the work. Item No. 18 Furnish "As -Built" Record Drawings: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount Page 12 of 78 of $1,500 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. Item No. 19 Inspect and Repair Existing Irrigation Systems: Work under this item shall include, but not be limited to an assessment of the existing irrigation systems in both written and photographic manner to establish the specific tasks required to bring the existing irrigation systems into a viable working condition acceptable to the Engineer. Included in this task are the locating and flagging of existing heads, repair of all main and lateral piping disturbed by the Contractor's work, and repair or replacement of existing sprinkler heads and nozzles, All materials shall conform to the City's Irrigation Materials list as available from the City. Work shall include all other work items as required to complete the work in place as determined by and approved by the Engineer. Item No. 20 Furnish and Install Rotator Heads, Bubblers and Lateral Lines: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new irrigation heads and lateral lines, pipe material, and appurtenance such as tees, elbows, etc., and all other items as required to complete the work in place. Item No. 21 Furnish and Install 1 -inch Remote Control Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1" remote control valves, electrical connections, pipe material, valve boxes, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 22 Furnish and Install Quick Coupler Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new quick coupler valves, pipe material, valve boxes, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 23 Install Finish Grading: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, disposing, transporting, delivering, furnishing and installing top soil, shaping and removing irregular landforms and erosion damage to meet the finish grade requirements, and present a smooth and properly drained landscape surface, and all other work items as required to complete the work in place as determined by the Engineer. Item No. 24 Install Soil Preparation: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for soil amendments installation, cross -ripping and rototilling to a minimum depth of 6 inches in areas where work is possible without disturbing existing tree roots, marking of areas of work to be rototilled in gypsum chalk for approval by the Engineer, care of existing tree roots, and all other work items as required to complete the work in place as determined by the Engineer. Page 13 of 78 Item No. 25 Perform Weed Abatement: work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for applying herbicides, irrigation to completely wet the entire planting area, fertilization, removal and disposal of all dead weeds and all other items as required to complete work in place prior to plant installation. Contractor shall provide to City current Pest Control Advisor recommendation and Qualified Applicator License including SDS sheets, prior to application of any and herbicides. Item No. 26 Furnish and Install 2 -Inch Layer of Walk -On Mulch: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing a 2 -inch thick layer of mulch, and all other items as required to complete the work in place. Item No. 27 Furnish and Install 8 -Foot BTH Trachycarpus fortunei (Windmill Palm): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 8 Foot brown trunk height Trachycarpus fortunei (Windmill Palm), including soil amendments, backfill fertilizers and all other items as required to complete the work in place. Item No. 28 Remove and box up "short" Trachycarpus fortunei. Deliver to Big Canyon Reservoir and select taller specimens of same species to replace.: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for digging, boxing, transporting, delivering, storing, selection from Big Canyon Reservoir, and installing City furnished Trachycarpus fortunei (Windmill Palm), including soil amendments, backfill fertilizers and all other items as required to complete the work in place. Item No. 29 Furnish and Install 36" Box Chaemerops humilis, (Mediterranean Fan Palm): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing Install 36" Box Chaemerops humilis, (Mediterranean Fan Palm), including soil Page 14 of 78 amendments, backfill fertilizers and all other items as required to complete the work in place. Item No. 30 Furnish and Install 36" Box Cassia leptophylla, (Gold Medallion Tree): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 36" Box Cassia leptophylla, (Gold Medallion Tree), including soil amendments, backfill fertilizers and all other items as required to complete the work in place. Item No. 31 Furnish and Install 24" Box Furcraea foetida `Mediopicta' shrub, (Mauritius Hemp): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 24" Box Furcraea foetida `Mediopicta' shrub, (Mauritius Hemp), including soil amendments, backfill fertilizers and providing plant photos, and all other items as- required srequired to complete the work in place. Page 15 of 78 Item No. 32 Furnish and Install 15 -Gallon Aloe barbadensis shrub (Barbados Aloe): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 15 -Gallon Aloe barbadensis shrub (Barbados Aloe), including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 33 Furnish and Install 5 -Gallon Agave Attenuata `Nova': Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Agave Attenuata `Nova' including soil amendments, backfill fertilizers and providing plant photos, and all other Mems as required to complete the work in place Page 16 of 78 Item No. 34 Furnish and Install 5 -Gallon Carissa Macrocarpa `Green Carpet': Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Carissa Macrocarpa `Green Carpet' including soil amendments, backfill fertilizers and providin plan# hatos, and all other items as required to complete the work in place. Item No. 35 Furnish and Install 5 -Gallon Crassula Argentea: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Crassula Argentea including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 36 Furnish and Install 5 -Gallon Hemerocallis hybrid: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Hemerocallis hybrid including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to co�the work in place. Page 17 of 78 Item No. 37 Furnish and Install 5 -Gallon Hesperaloe Parvifolia `Brakelights': Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Hesperaloe Parvifolia `Brakelights' including soil amendments, backfill fertilizers and providingplant photos, and all other items as required to compfete the work in place. Item No. 38 Furnish and Install 5 -Gallon Juncus Patens: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Juncus Patens including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to com tete the work in place. Item No. 39 Furnish and Install 1 -Gallon Aloe Rudikoppe `Little Gem': Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 -Gallon Aloe Rudikoppe 'Little Gem' including soil amendments, backfill fertilizers and providing plant photos, and all other items as fe uiq red to complete the work in place. Page 18 of 78 Item No. 40 Furnish and Install 1 -Gallon Dianella Caerulea `Cassa Blue': Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 -Gallon Dianella Caerulea `Cassa Blue' including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place Item No. 41 Furnish and Install 1 -Gallon Limonium Perezii: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 1 -Gallon Limonium Perezii including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 42 Furnish and Install Senecio Mandraliscae in 4"Pots, 12" O.C. Triangular Spacing: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing Senecio Mandraliscae in 4" Pots, 12" O.C. Triangular Spacing including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Page 19 of 78 Item No. 43 Perform 30 Day Landscape Establishment & 60 Day Landscape Maintenance Phase: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for manpower, fertilizers, irrigation system inspection and operation, plant material care and replacement if necessary, supervision and all other items necessary to establish and maintain the landscaping for the entire duration of the Landscape Establishment and Maintenance Phase. ADDITIVE ALTERNATIVE BID ITEMS: Item No. 44 Furnish and Install GFRC 4' Boulders (Retrofit Phase 1): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove existing plant material in conflict with boulder placement, fine grade and install GRFC 4' boulders retrofitted into Phase 1 West PCH work, as directed by drawings and Engineer, and all other items as required to complete the work in place. Item No. 45 Furnish and Install GFRC 3' Boulders (Retrofit Phase 1): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove existing plant material in conflict with boulder placement, fine grade and install GRFC 3' boulders retrofitted into Phase 1 West PCH work, as directed by drawings and Engineer, and all other items as required to complete the work in place. Item No. 46 Furnish and Install GFRC 2' Boulders (Retrofit Phase 1): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove existing plant material in conflict with boulder placement, fine grade and install GRFC 2' boulders retrofitted into Phase 1 West PCH work, as directed by drawings and Engineer, and all other items as required to complete the work in place. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. Page 20 of 78 PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 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 found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. 300-1.5 Solid Waste Diversion Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." Page 21 of 78 308-1 General "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. Kevin Pekar ((949) 795-2238) at the site to discuss City standards and requirements. If required, the submittal shall adhere to the following guidelines. 1 Finn; I1rtini_ag 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. h. 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. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c All tree roots that are within the sidewalk construction area shall be removed or shaved down. cl Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. o Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. Page 22 of 78 PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) 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 notices when construction operations will start for each block or street. 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. 600-3 PEDESTRIAN ACCESS Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, up to four (4) changeable message boards (CMBs), and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into and out of the affected establishments. Messages for the CMBs shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The City has provided the Contractor traffic control plans for West Coast Hwy as part of the plan bid set. The Contractor shall adhere to the conditions of the traffic control plan. See "Appendix A — Caltrans Encroachment Permit" for additional requirements. In addition to the Traffic Control Plans provided by the City, Contractor shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Page 23 of 78 Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. Temporary striping may be required and shall be shown on the TCP. 2. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 4. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. PART 8 - LANDSCAPE AND IRRIGATION SECTION 800 Materials and 801 Installation The requirements of this Specification Section replace the requirements of the "Greenbook" Standard Specifications for Public Works Construction. Delete Sections 800 and 801 unless otherwise referenced herein. SECTION 32 88 00 LANDSCAPE IRRIGATION PART 1 - GENERAL 1.01 SCOPE OF WORK: Furnish all labor, materials, appliances, tools, equipment facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of "Landscape Irrigation" complete, as shown on the drawings and/or described herein. H Related work In other sections: 1 Landscape Planting 32 90 00 Page 24 of 78 ? Landscape Maintenance 32 06 00 1.02 QUALITY ASSURANCE AND REQUIREMENTS: A Permits and Fees: 1 At the time of the award and until completion of work, the Contractor shall possess a California Contractor's "A" and "C-27" license. At the time of the award and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City where the project is located. . The Contractor shall obtain and pay for any and all permits and all inspections as required. Manufacturer's Directions: . Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in the contract furnish directions covering points not shown in the drawings and specifications. Ordinances and Regulations: 1. All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. D Contractor Responsibilities: A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in the English language. 2. The Contractor shall train each person in techniques for making correct solvent and rubber gasket joints prior to their performing work on the site. Page 25 of 78 The Contractor shall protect work and materials from damage during construction and storage. Polyvinyl chloride, (PVC) pipe and fittings shall be protected from dirt and sunlight. 4 The Contractor shall assume responsibility for damage to existing construction and shall restore damaged property to the original condition to the satisfaction of the Engineer. 5 The Contractor shall handle plastic pipe and fittings carefully and store undercover to avoid UV or other damage. ;. Immediately notify the Engineer in case of discrepancies. i . Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re -installation of such areas until all discrepancies are resolved to the Engineer's satisfaction. _ Codes and Regulations.- Verify egulations: Verify that landscape irrigation systems may be installed in accordance with all pertinent codes and regulations, the original design, the reference standards, and the manufacturer's recommendations. Any provision and installation of material not in accordance with the above shall be removed and returned at the contractor's expense. F Site Safety: 1. Erect and maintain barricades, warning signs, lights and/or guards as necessary or required to protect all persons on the site. . The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during the performance of the work. 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 Landscape Architect to conduct construction review or observation of the Contractor's performance shall not include review or observations of the adequacy of the Contractor's safety measures in, on, or near the construction site. c_ Explanation of Drawings: Page 26 of 78 Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are essentially diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. All work called for on 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 obstructions, grade differences or discrepancies exist that might not have been considered in the irrigation design. Such obstructions or differences should be brought to the attention of the Landscape Architect. In the event this notification is not performed, the irrigation contractor shall assume full responsibility for any revisions necessary to correct these discrepancies. 1.03 SUBMITTALS: S Material List: The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. No substitutions shall be allowed without prior written approval the Landscape Architect. 2. Submittals shall be provided within ten (10) working days from the award of the contract. The complete formal material list on Contractor's letterhead shall be submitted prior to the starting of any work. Cut sheets may be included as backup to the formal material list. 4. Catalog data and full descriptive literature may be submitted. Although equipment on the plans may be different from the examples below, the following is a guide for proper formal submittal list format: Item Description Manufacturer Model Size(s) Backflow Preventer Febco 860 2" b. Pop-up Spray Head Rainbird 1806 NA Page 27 of 78 4 Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. I... Substitutions.- The ubstitutions: The contractor may submit proposed substitutions for equipment and materials listed on the irrigation plans in the following manner. The landscape contractor shall submit to the Landscape Architect for approval on a separate sheet of contractor's letterhead paper the following: a A statement indicating the reason for making each individual proposed substitution(s). t: Provide descriptive catalog literature, performance charts and flow charts as required for each item the contractor proposes to substitute, including the sales/manufacturer's regional telephone number. f Provide the amount of cost savings or overage if the proposed substitute item is approved. . Substituted equipment of materials installed or furnished without prior approval of the Landscape Architect may be rejected and the Contractor required to remove such materials from the site at his own expense. The Engineer shall have the sole discretion in accepting or rejecting any proposed substitution. . No exception taken to any item, alternate or substitute indicates only that the product apparently meets the requirements of the drawings and specifications on the basis of the information or samples submitted. All items must meet or exceed these specifications. . Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. 5 Manufacturer's warranty is required on any product offered. f. If, in the opinion of the Engineer, an unapproved substitution proves to be unsatisfactory, the Contractor shall remove such work and replace it with the originally specified item at the Contractor's own cost. ;1 Record Drawings: Page 28 of 78 The Contractor shall provide and keep up to date a complete "record" set of heavy presentation bond (at least #30 weight) prints which shall be corrected daily and show every change from the original drawings and specifications and the exact locations, sizes and kinds of equipment. These drawings may also serve as work progress sheets and shall be the basis for measurement and payment for work completed. This set of drawings shall be kept on the site and shall be used only as an on-going record set. The Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work progress as actually installed. These drawings shall be available at all times for inspection and shall be kept in a location approved by the Engineer. 3. Contractor shall identify limits of each irrigation zone and note associated valve, and label valves accordingly to controller program sequence. All printing of the PDF format drawings shall be paid to a reprographics firm directly from the Contractor. The plans shall be printed onto bond and all information from the field set shall be applied to the bond plans in a neat and orderly manner. Upon approval by the Engineer, the contractor may then provide photo mylars of these plans for record either to the Engineer. The cost of all these prints shall be paid to a reprographics firm directly from the Contractor. All additional markings on the mylar plans shall be neat, drawn in waterproof ink by a technical ink pen designed specifically for use on mylar material. Work completed in felt tip pen or ballpoint pen shall be rejected because of the non -permanent nature of both devices. All work shall be subject to the approval of the Engineer. 5. The Contractor shall verify the needs of the City Inspector or Local City Planning Department as to any requirements for city -required record drawings. The Contractor shall be responsible for providing all drafting and required plans on the required medium to the City Inspector as required. All costs for drafting services shall be borne by the Contractor. This includes all microfilm or other processes the city may deem necessary for record purposes to the satisfaction of the City. The Landscape Architect is not responsible, nor contracted for drafting Contractor record drawings. The Contractor shall dimension from two (2) points of reference the location of the following items. If buried, the depth shall also be indicated. Buried lineal items ie, wire and pipe mainline shall be dimensioned every 20' unless uniformly buried behind a curb or hardscape where a note will suffice. The minimum height of dimensions and/or notes shall be 1/8" unless otherwise directed by Page 29 of 78 the City Inspector. All printing must be readable and clearly denoted. Provide a "bar scale" on the plan. a Water Point of Connection, (POC) b. Electrical Point of Connection U. Backflow preventers d. Master valve Flow sensor f. Gate or ball valves g Quick coupling valves h. Remote control valves Routing of pressure main line piping, ( dimension max. 100' along routing) Routing of control and common wire k. Pull Boxes i Other related equipment 7 On or before the date of the final inspection at the end of the Maintenance Phase, the Contractor shall deliver the corrected and completed mylar to the Engineer. Delivery of the mylar will not relieve the contractor of the responsibility of furnishing required information that might have been omitted from the prints compiled at the site. The Contractor shall be fully responsible for correct record drawings. D Controller Charts: 1 Record drawings shall be evaluated by the Landscape Architect and/or City Inspector before controller charts are prepared. Provide three controller charts for each controller, unless otherwise directed by the City Inspector. The chart shall show the area controlled by each automatic controller and shall be sized '/2" smaller than the controller door on all sides. Page 30 of 78 4. The chart is to be a reduced drawing of the actual record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable when the final controller chart is completed. The chart shall be at least a 30# presentation bond copy. A differing color shall be used to indicate each valve and the same color used to identify the area of coverage for that valve. When completed and approved, the chart shall be hermetically sealed by a plastic lamination process. The plastic laminating sheets shall each be a minimum of 20 mil. thick. 7 The charts shall be mounted using Velcro tape. 8. Controller charts shall be completed and approved prior to final inspection of the irrigation system. f= Operation and Maintenance Manuals: 1. Prepare and deliver to the Engineer within ten calendar days prior to completion of construction, hard -covered, three rings binders containing the following information: a Index sheet stating Contractor's name, address and telephone number, list of equipment with name and addresses of local manufacturer's representatives. b. Catalog and parts sheets on every material and equipment installed under this contract. c. Guarantee statement d. Complete operating and maintenance instructions on all major pieces of equipment. e. Equipment list providing the following for each item: 1. Manufacturer's name 2. Make and model number 3. Name and address of local manufacturer's representatives 4. Spare parts list in detail Provide two (2) manuals, unless otherwise directed by the Engineer Page 31 of 78 or City Inspector. = Equipment to be furnished: 1. Supply as a part of this contract the following tools and equipment: 3 Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve installed under this contract. f, Two (2) five-foot valve keys for operation of ball/gate valves (as required). c Two (2) quick coupling valve keys. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Handling of PVC Pipe and Fittings: The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new pipe. 1.05 GUARANTEE: The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions of these specifications, if any, shall be filed with the Engineer or his representative prior to acceptance of the irrigation system. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. t; The beginning date of the one-year guarantee shall be from the written final acceptance date established by the Engineer at the end of the Maintenance Phase. If no Maintenance Phase is included in the contract, the beginning date shall be from the acceptance date established by the Engineer at the end of the Construction Phase. The guarantee form shown below shall be re -typed onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM Page 32 of 78 We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials, equipment and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defects in material equipment or workmanship which may develop during the period of one year from the date of acceptance. We also guarantee to repair or replace any damage resulting from the defects, or the repairing or replacing of such defects at no additional cost to the Engineer. We shall make such repairs or replacements within a reasonable time as determined by the Engineer after receipt of written notice form the Engineer. All repair work shall completed to the satisfaction of the Engineer. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense. We will pay the costs and charges therefore upon demand. Any temporary repairs made by others to keep the irrigation system operable, does not void or relieve the Contractor of his responsibilities during the guarantee period. PROJECT: ADDRESS: LOCATION- SIGNED.- ACCEPTANCE- SIGNED.- PHONE: OCATION:SIGNED:ACCEPTANCE:SIGNED:PHONE: PART 2 — PRODUCTS 2.01 MATERIALS: General.- 1. eneral:1. Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. B Existing Automatic Controllers: Electrical work shall conform to all applicable codes, ordinances and union authorities having jurisdiction. Only qualified electricians shall work with high voltage design, equipment or wiring. 2. The Contractor shall notify the Engineer should repairs be necessary to the controller or enclosure after inspecting it. :3 See drawing notes for contact should the central control system need to be adjusted. Automatic Controller: Page 33 of 78 .1 Existing as noted on Drawings. -� Control Wiring (if / as required): Connections between the automatic controllers and the electric control valves shall be made with insulated direct burial copper wire AWG -UF 600 volt. Pilot wires sharing the same automatic controller shall be the same color. Common wire shall be white in color. Provide different colors for each controller installed on the same project. Install wire in accordance with valve manufacturer's specifications and wire chart. In no case shall wire size be less than #14. Wire sizes shall be 14 ga. up to 750', 12 ga. up to1200', 10 ga. up to 2,000' from valve to controller. 2. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible 3. Where more than one wire is placed in a trench, the wiring shall be secured together with vinyl cable ties at intervals of ten (10) feet, and placed under the pipe for protection from shovels. An expansion curl shall be provided within three (3) feet of each wire connection. The expansion curl shall be of sufficient length at each splice connection at each electric control valve so that in case of repairs, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in the trench without stress or stretching of control wire conductors. 5 All splices shall be made with 3M Direct Bury Splice Kit DBY/DBR- 6. Use one wire connector per wire splice. An expansion loop of 18 inches shall be provided at each wire connection and/or directional turn. [. Field splices between the automatic controller and electric control valves will not be permitted without prior approval of the Landscape Architect. 7 All extra valve wires and the common wire, shall extend from the controller to a pull box at the farthest valve location for future or spare wires. If more than one route is available for extra wires, contact the Landscape Architect for the number of extra wires to be run in differing directions. Pressure Regulating Valves: 1 If / as identified in the field, any pressure regulating valves shall be Page 34 of 78 brought up to City installation standard. F Normally -Closed Master Valves: 1. Existing master valve (s) installation shall be brought up to current City installation standard. G Flow Sensors.- Existing ensors: Existing flow sensors (s) installation shall be brought up to current City installation standard. Communication Cable (if a part of project) 1. Protect all communication cable in place. If damaged, Contractor shall bring to immediate attention of City Inspector and repair at the direction of the City. Ball Valves.- Existing alves: Existing ball valve (s) installation shall be brought up to current City installation standard. .1 Quick Coupling Valves: 1. Existing quick coupling valve (s) installation shall be brought up to current City installation standard. K Electric Remote Control Valves: 1. Existing remote control valve (s) installation shall be brought up to current City installation standard. L Valve Boxes: 1. Ball Valves: Use 10" diameter x 10" deep round boxes, Carson industries #910 -10 -Green Blank with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. Brand top as indicated below. Flow Sensors: Use 10" diameter x 10" deep round boxes, Carson industries #910 -10 -Green Blank with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. Brand top as indicated below. 3. Pull Boxes: Use 10" diameter x 10" deep round boxes, Carson Page 35 of 78 industries #910 -10 -Green Blank with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. Brand top as indicated below. All existing and new boxes shall receive new branded lids. All valve numbers shall match lid numbering for easy identification of valves. Identification numbers shall be branded onto the box lids in 2 inch high letters and numbers as follows: BV: Ball Valve t; FS: Flow Sensor C MV: Master Valve PB: Pull Box 1: QC: Quick Coupling Valve RCV-#: Remote Control Valve and Station Number �. Buried Potable PVC Pressure Main Line Pipe and Fittings (If / as required).- Pressure equired): Pressure main line piping shall be PVC schedule 40 for all mainline piping 1-1/2" and smaller with solvent -welded joints, PVC Class 315 for all mainline piping 2" through 3" with solvent -welded joints. . Pipe shall be made from NSF approved Type 1, Grade 1 PVC compound conforming to ASTM resin specification D 1784 or D 2241. All pipe must meet requirements as set forth in Federal Specification PS -21-70 (Solvent -Weld Pipe) and meet requirements of Cell Classification 124548. This compound shall have a 2,000 -PSI hydrostatic design stress rating. 3. Install blue colored warning tape 12" over all new potable water main lines. N Potable PVC solvent -weld fittings (If / as required) 1 PVC solvent -weld fittings shall be Schedule 80, 1-2, 11-1 NSF approved conforming to ASTM test procedure D 2466. 2 Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of the type and installation methods prescribed by the manufacturer. 3. All PVC pipe must bear the following markings: Page 36 of 78 :y Manufacturer's name 1 Nominal pipe size C.. Schedule or Class Pressure rating in PSI e. NSF (National Sanitation Foundation) approval Date of extrusion . All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable IPS schedule and NSF seal of approval. Fittings shall be standard weight Schedule 40, injection molded of PVC fitting compound which meets current ASTM D 1784-69 and requirements described in Cell Classification 13454B. Threads required in plastic fittings shall be injection molded. Tees and ells shall be side gated. 0 Buried Potable PVC Non -Pressure Lateral Line Pipe (If / as required): 1. Non -Pressure buried lateral line pipe shall be PVC Schedule 40 with solvent -weld joints, 1/2" shall be Class 315. . Pipe shall be made from NSF approved, Type 1, Grade II PVC compound conforming to ASTM resin specification D1784. All pipe must meet requirements set forth in Federal Specification PS -22-70 with an appropriate standard dimension ratio. Threaded Nipples. - 1 ipples: 1. Threaded nipples shall be standard weight, schedule 80, grey, with molded threads. 2. Assemble threaded fittings using teflon tape applied to male threads only. 0 Joint Primer: 1. Type as recommended by manufacturer of pipe. 2. Type IPS -P-70 or equivalent for Flex hose to PVC fittings. R Joint Cement: 1. Solvent type as recommended by manufacturer. Page 37 of 78 S Brass Pipe and Fittings: Where indicated on the drawings, use 85% red brass, schedule 40 screwed pipe conforming to Federal Specification #WW -P-351. Fittings shall be medium red brass, screwed, 125 pound class conforming to Federal Specification #WW -P-460. 3 Assemble using teflon tape applied to male threads only. 7 Sleeves: Pipe sleeves for potable water and wires shall be white Schedule 40 PVC pipe a minimum of two times the diameter of the interior irrigation pipe. Sleeve pipes shall me a minimum of 1-1/2" for water lines. Oversized sleeves are acceptable at no additional cost to Engineer. 2. Sleeves shall be of a minimum size to accept pipe "bell joints" Multiple non -pressure lateral water pipes may be placed within a single sleeve if approved by the Landscape Architect. . Mainline sleeves shall consist of only one pipe per sleeve. 5. In no cases shall wires be placed within the same sleeve as water pipes. Wires shall be encased within a separate sleeve. 1.1 Warning Tape (Detectable): All new PVC mainline pipelines shall have a detectable warning tape placed in the trench 12 inches above the pipe. 2. Plastic warning tape (detectable) shall be five-ply composition of ultra-high molecular weight, 100 percent virgin polyethylene or an inert plastic film specifically formulated for prolonged underground us and shall include a metallic substance that can be registered by a magnetic field location device. The minimum thickness shall be 4 mils and the overall width of the tape shall be three (3) inches. Warning tape (detectable) shall be as supplied by T. Christy Enterprises, Thor Enterprises, Inc. Griffolyn Co., Terra Tape, Division of Reef Industries, or approved equal. The color of the tape shall be in accordance with the above requirements and the Recycled Water Urban Irrigation User's Manual. Do not provide location tape over lateral non -pressure lines. 3. New Potable Water Mainline Pipelines shall receive blue colored Page 38 of 78 warning tape (detectable) with Black lettering identifying the potable pressure water pipeline. Lettering shall be a minimum of one (1) inch high letters with the wording: "CAUTION: BURIED POTABLE WATER LINE BURIED BELOW". Christy's Part Number TA -DT -3 - BW Sprinkler Heads.- All eads: All sprinkler heads shall be of the size, type and deliver the same rate of precipitation with the diameter (or radius) of spray, pressure and discharge in GPM as shown on the drawings. Refer to City Irrigation Equipment List. 2. All spray type sprinklers shall have a screw adjustment. 3 Riser/swing joint assemblies shall be fabricated in accordance with the irrigation construction details shown on the drawings. 4. Riser nipples for all sprinkler heads shall be the same size as the base opening in the sprinkler body. 5 The sprinkler body, stem, nozzle and screen shall be constructed of heavy-duty, ultra -violet resistant plastic. It shall have a heavy- duty stainless steel retract spring for positive pop down and a ratcheting system for easy alignment of the pattern. Pop-up height shall be as specified in the model number. 6. The sprinkler shall have a soft elastomer pressure activated co - molded wiper seal for cleaning debris from the pop-up stem as it retracts into the case to prevent the sprinkler from sticking up and to minimize "flow -by". 7 The sprinkler shall have a matched precipitation rate plastic nozzle with an adjusting screw capable of regulating the radius and flow. When so indicated on the design, pop-up spray sprinklers shall also include check valves, pressure regulating device as specified or variable arc nozzles having an infinite arc adjustment of 0 degrees to minimum 330 degrees. The sprinkler shall be capable of housing under the nozzle protective, non -clogging filter screens or pressure compensating screens. The screen shall be used in conjunction with the adjusting screw for regulating. €3 The sprinkler shall have a pop-up flush plug pre-installed. The plug shall prevent debris from clogging the sprinkler during installation and allow for the system to be flushed before nozzling. The plug shall be bright orange in color and constructed of polypropylene material. Page 39 of 78 PART 3 — EXECUTION 3.01 INSPECTION: Site Conditions: 1 Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damage to utilities that are caused by his operations or neglect. Check existing utility drawings or call utility companies for existing utility locations. Coordinate installation of sprinkler irrigation materials, including pipe, so there shall be no interference with utilities, other construction or planting or trees, shrubs and ground covers. 3. The Contractor shall carefully check all grades to satisfy him that he may safely proceed before starting work on the sprinkler irrigation system. Verify that the specified depths for buried materials and equipment can be maintained. 4. The Contractor shall receive approval from the Engineer prior to installing irrigation that the finish grades are acceptable. 3.02 PREPARATION: A. Physical Layout: 1. The irrigation lines as indicated on the drawings are diagrammatic. All piping and equipment shall be installed within the project boundaries, even if shown outside the boundaries on the drawings. Equipment or piping shown outside the boundaries on the drawings is for design clarity only. Install all piping and equipment within planting areas. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. Install all materials and piping to avoid conflict with trees, shrubs, and all underground utility services. Contact the Landscape Architect immediately if obstructions prevent routing as denoted on plans. :3. Lay out irrigation emitters/heads and make any minor adjustments required due to differences between actual site conditions and the drawings. Adjustments shall be maintained within the original design intent and only after receiving approval from the Landscape Architect. Do not exceed the maximum or minimum spacing indicated by the manufacturer. B. Water Supply: Page 40 of 78 Sprinkler irrigation system shall be connected to water supply points of connection as shown on drawings. 2 Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. :3. The water source for the point of connection shall either be existing or brought to the location by the General Contractor or others for connection by the Landscape Contractor. 3.03 INSTALLATION: '�. Trenching: Dig trenches straight to support pipe continuously on bottom of the trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the drawings or as noted. �r Provide for a minimum of eighteen- (18) inches cover for all buried pressure supply lines. r. Provide for a minimum of twelve- (12) inches cover for all buried non -pressure lateral lines. : Provide for a minimum of eighteen- (18) inches cover for all buried control wiring. K Backfilling.- The ackfilling: The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth, stones, asphalt, concrete or other construction or organic debris such as plant refuse. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one-half (1/2) inch in size will be permitted in the initial backfill. Page 41 of 78 If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the Engineer. Flooding may be accepted in lieu of tamping only upon written approval of the Engineer. 5 Truck wheels shall not be used for compacting soil. t: Assemblies: 1. Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various assemblies), in such a manner as to conform to the details on the drawings. 2. Install no multiple assemblies on plastic lines. Provide each assembly with it's own outlet. 3 Install all assemblies specified herein in accordance with respective detail. In the absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with the best standard practice and with the manufacturer's specifications. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. 4 On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape shall be used on male threads on all threaded PVC to PVC, and on all threaded PVC to brass pipe connections. Red lead and boiled linseed oil shall be applied to male threads on all galvanized pipe connections. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. 5 Open pipe or tubing ends shall be taped closed during installation to prevent any foreign matter from entering the system. R Line Clearance: 1 All lines shall have a minimum clearance of six (6) inches from each other and from lines of other trades. Parallel lines shall not be installed directly over one another. In case of reclaimed water crossings, refer to local cross connection details and codes. Place location tape above all mainline piping per irrigation Page 42 of 78 drawings. �. Low Voltage Wiring (if / as required): If existing wiring is damaged during construction, Contractor shall repair and adhere to the following requirements: a. Place new wiring in the same trench and route as the pressure supply lines where possible. Install new wiring prior to new main line installation. Secure wire(s) together at 10 feet on -center maximum, with vinyl cable ties attached to the mainline. If mainline is not present. Bundle and secure wires with vinyl cable ties at 10 feet on center. �. Provide a 24 -inch expansion loop at each connection and at each directional change. e. Use a continuous wire between controller and remote - control valves. Should splicing be required, make splices in an approved box. r Use white for all ground wire circuits. F Remote Control Valves.- Install alves: Install valves where shown on the drawings and per details. When grouped together, allow at least twelve (12) inches between valve boxes. Install each remote control valve in a separate valve box. Align boxes with adjacent paving in a neat manner, squared to the walk and each other. G Valve Box Installation: 1. Provide at all locations indicated. 2 Fill below box with a minimum of 6" layer of pea gravel. Compact prior to installation of box. "Brand" identification number on each valve box in 2 -inch -high characters (letters and numbers) indicating controller letter and valve number within the sequence. See drawings for numbering method. 4. Provide and install Christy tags with valve sequence for each valve. 1-1 Flushing of System: 1 After all new sprinkler pipe lines and risers are in place and connected, and all necessary diversion work has been completed, Page 43 of 78 and prior to installation of sprinkler heads, the control valves shall be opened, and a full head of water used to flush out the system. 2. Heads/emitters shall be installed only after flushing of the system has been accomplished. Sprinkler Heads'. 1. Install the sprinkler heads or emitters as designated on the drawings. Sprinkler heads and/or emitters to be installed in this work shall be equivalent in all respects to those itemized on the drawings. Spacing of sprinkler heads and/or emitters shall not exceed the maximum as indicated on the drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. Adjusting system: 1. Adjust valves alignment and coverage of irrigation heads/emitters. 2. These changes or adjustments shall be made at no additional cost to the Engineer. 3. The entire system shall be operating properly before any planting operations commence. 3.04 TEMPORARY REPAIRS: The Engineer reserves the right to make temporary repairs as necessary to keep the irrigation system equipment in operating condition. The exercise of this right by the Engineer shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.05 EXISTING TREES: 5. Where it is necessary to excavate adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. Excavation in areas where two (2) inch and larger roots occur shall be done by hand. All roots two (2) inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap, to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than two (2) inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through roots. Roots one-half (1/2) inch and larger in diameter shall be painted with two coats of tree seal, or equivalent. Trenches adjacent to trees should be closed within twenty- four (24) hours; and where this is not possible, the side of the trench Page 44 of 78 adjacent to the tree shall be kept shaded with burlap or canvas. 3.06 FIELD QUALITY CONTROL: A Adjustment of the System: 1. The Contractor shall flush clean and adjust all sprinkler heads for optimum performance and to prevent overspray or runoff onto walks, roadways and buildings as much as possible. 2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting at the contractor's cost. 3. Lowering or raising of sprinkler heads by the Contractor shall be accomplished within five (5) days after notification by the Engineer. 4 All sprinkler heads shall be set perpendicular to finished grade unless otherwise designated on the drawings. 3 Testing of Irrigation System: 1. The Contractor shall request the presence of the Landscape Architect at the intervals listed below in advance of any testing. 2. The Contractor shall provide "walkie-talkies" for communication from the review area to the controller location. 3 The Contractor shall provide current record drawings at each review. 4. Before testing mainlines, fill the lines with water for a period of at least 24 hours. 5. All hydrostatic mainline testing shall be completed prior to the installation of remote control valves, quick couplers, or other valve assemblies. E Test all pressure mainline pipes under hydrostatic pressure of 150 PSI and prove watertight. Testing of pressure main line piping shall occur prior to installation of electric control valves or quick coupling valves. 7 All piping under paved areas shall be tested under hydrostatic pressure of 150 PSI and proved water tight, prior to paving. t3 Sustain pressure in tested lines for not less than two (2) hours. If leaks develop, replace joints and repeat test until entire system is Page 45 of 78 proven watertight. 9 All hydrostatic tests shall be made in the presence of the Landscape Architect. The test may be made in the presence of the General Contractor's superintendent only if written acceptance of the test is forwarded to the Engineer and Landscape Architect immediately after testing. No pipe shall be backfilled until it has been observed, tested with all couplings exposed and all pipe sections center loaded, and approved in writing. 1 P The Contractor shall furnish the force pump and all other test equipment necessary for the testing of the irrigation system. 11. The Contractor shall make all necessary provisions for thoroughly bleeding the line of air and debris. 1. When the irrigation system is completed, perform a coverage test in the presence of the Landscape Architect, to determine if the water coverage for the planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviation from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate for field conditions. This test shall be accomplished before any groundcover or shrub material is planted. 1 t3. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements to the satisfaction of the Landscape Architect. 3.07 MAINTENANCE: The entire sprinkler irrigation system shall be under full automatic operation prior to any planting. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction and Maintenance Phases or work. 3.08 CLEAN-UP: A Clean up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage sustained on the work or others shall be repaired to original conditions. 3.09 FINAL OBSERVATION PRIOR TO ACCEPTANCE: A The Contractor shall operate each system in its entirety for the Landscape Page 46 of 78 Architect at the time of final observation at the end of the Maintenance Phase. Any items deemed not acceptable by the Landscape Architect shall be reworked to the complete satisfaction of the Landscape Architect. The Contractor shall show evidence to the Landscape Architect that the Engineer has received all accessories, charts, record drawings and equipment as required before the final observation can occur. 3.10 OBSERVATION SCHEDULE: +"5 The Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the following time schedule. The number of site visits may vary with the contract between the Landscape Architect and the Engineer. The Contractor shall be familiar with the number and type of irrigation observations necessary prior to work. Typical observations may consist of , but not be limited to the following: I Pre -job conference 7 days . Pressure supply line installation and testing 48 hours 3. Lateral line and sprinkler installation 48 hours 4. Coverage / Performance test 48 hours 5. Observation to begin Maintenance Phase 7 days . Final observation at the end of the Maintenance Phase 7 days END OF SECTION Page 47 of 78 SECTION 32 90 00 LANDSCAPE PLANTING PART 1 - GENERAL 1.04 SCOPE OF WORK Landscape planting work includes, but is not limited to, operations and furnishing of all labor, materials, tools and equipment necessary to complete all soil preparation, fine grading, weed control, erosion control, planting, watering, plant establishment and incidental work which may be required to complete "Landscape Planting" and as shown on the drawings and as described hereinafter. B Related Work Specified in Other Sections: 1. Landscape Irrigation 32 88 00 . Landscape Maintenance 32 06 00 1.05 QUALITY ASSURANCE AND REQUIREMENTS .1%. Permits and Fees: 1 At the time of the award and until completion of work, the Contractor shall possess a California Contractor's "A" and "C-27" license. . At the time of the award and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of the project location. 3 The Contractor shall obtain and pay for all permits and all inspections as required. H Manufacturer's Directions: Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in the contract furnish directions covering points not shown in the drawings and specifications. �. Ordinances and Regulations: i All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications and their Page 48 of 78 provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. Contractor Responsibilities: A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in the English language. . The Contractor shall assume responsibility for damage to existing construction and shall restore damaged property to the original condition to the satisfaction of the Engineer. 3. Immediately notify the Landscape Architect in case of discrepancies with these plans. 4 Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without fully resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re -installation of such areas until all discrepancies are resolved to the Engineer's satisfaction. E Source Quality Control: Submittal of pictures shall not be considered as a final inspection of plant material. Final acceptance or rejection of plant material shall only be considered on-site with the actual plant material being observed. 1.06 SUBMITTALS ;. The following submittals will be required: 1. Work Schedule if requested by Engineer on Contractor's letterhead or another format required by Engineer. Materials List noting product name and supplier on Contractor's letterhead. Cut sheets may be included as backup to the listing. 3. Plant Materials List on Contractor's letterhead denoting supplier and including photographs of each plant material including both Page 49 of 78 trees and shrubs. List trees with caliper, height, and spread. Shrubs with height and spread. 4. Samples of each soil amendment (1 -quart minimum) with laboratory analysis. 5. Guarantees, Warranties, and written certifications on Contractor's letterhead submitted to the Engineer. 6. Certificate of Inspection of plant material by State or Federal Authority shall be presented if requested to the Engineer. 7 Submittals shall be provided within ten working days from the time of award of contract. 8. Import soils testing. 1.07 PRODUCT DELIVERY, STORAGE AND HANDLING Delivery. - 1 . elivery:1. Deliver fertilizer to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. . Deliver all plants with legible identification labels for easy identification. a Label trees, evergreens, bundles of containers of like shrubs, or groundcover plants. Place plants in lots of similar material, spread apart for ease of viewing individual plants prior to the observation. Contractor shall leave enough room around lots and individual plants for ease of viewing and movement between lots for observation. Use durable waterproof labels with water-resistant ink which will remain legible for at least 60 days. 3 Protect plant material during delivery to prevent damage to root ball or desiccation of leaves. 4. The Contractor shall notify the Landscape Architect forty eight (48) hours in advance of delivery of all plant materials and shall submit an itemized list of the plants. 5 The Engineer shall have sole discretion regarding acceptability of plant material. 6 Storage: Page 50 of 78 1 Store plant material in the shade and protect from the weather. 2 Maintain and protect plant material not to be planted within four (4) hours. Handling. 1 Do not drop plant materials. 2 Do not pick up container plant material by stems or trunks. 1.08 JOB CONDITIONS Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted industry practice. 1.09 SITE SAFETY 4 Erect and maintain barricades, warning signs, lights and/or guards as necessary or required to protect all persons on the site. e The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during the performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. w The right of the Landscape Architect to conduct construction review or observation of the Contractor's performance shall not include review or observations of the adequacy of the Contractor's safety measures in, on or near the construction site. 1.10 SAMPLES AND TESTS The Engineer reserves the right to take and analyze samples of materials for conformity to specifications at any time. Rejected materials shall be immediately removed from the site at the Contractor's own expense. The cost of testing of materials not meeting specifications shall be paid by the Contractor. Refer to the soil laboratory analysis and report within these specifications. 1.11 GUARANTEE AND REPLACEMENT All plant material installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one (1) year for trees, and ninety (90) days for shrubs, vines and groundcovers from the effective date of completion of the Maintenance Phase of the project as established by the Engineer. Any plant found to be dead or in poor condition due to faulty materials or Page 51 of 78 workmanship, as determined by the Landscape Architect, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the Engineer. Any materials found to be dead, missing or in poor condition during the Maintenance Period shall be replaced immediately. The Landscape Architect shall be the sole judge as to the condition of the material. r; A written guarantee shall be submitted at the completion of the Maintenance Phase showing the date of final acceptance by the Engineer and the date of the end of the guarantee period, or periods for phased work, for shrubs and trees. The guarantee periods shall not be extended for any individual shrub or tree, or groups, replaced at any time during the guarantee period. The guarantee for all project shrubs and trees shall end at the stated guarantee time lengths as bid and agreed upon, even if shrubs or trees planted during that time have a reduced guarantee period. 1.12 OBSERVATIONS: A. All observations are to be initiated by the Engineer. The Contractor shall request observations at least to the times noted below for each observation required. B. Observation will be required for the following parts of the work.- 1 ork:1 Pre -job conference: 72 hrs. 2 Review of plant material at nurseries or field locations: 7 day notice. 3. Soil amendments and/or delivery of plant material: 72 hours. 4 Layout of plant material prior to excavating planting pits: 72 hours. In progress planting: 72 hours. Final walk-through for completion of improvements: 7 days notice. 7. Final walk-through for acceptance: 7 days notice. PART 2 — PRODUCTS 2.01 MATERIALS A All materials shall be of standard, approved and first grade quality and Page 52 of 78 shall be in prime condition when installed and accepted. Any commercially processed or packaged material shall be delivered to the site in the original unopened container bearing the manufacturer's guaranteed analysis. Contractor shall supply the Engineer with a sample of all supplied materials accompanied by analytical data from an approved agronomic laboratory source illustrating compliance or bearing the manufacturer's guaranteed analysis upon request. a Topsoil Topsoil shall be Class A (imported) per SSPWC 800-1.1.2 Amendments all planting areas (southerly parkway planters- existing soil/ no import): Refer to Drawings for soil amendment recommendations. I'll Plant Material: 1 Plant material shall be obtained from one source nursery if possible to avoid alternative varieties and/or species of plants, and plants that may have been grown under non -similar conditions with non - similar materials and/or non -similar care. 2. Plants shall be in conformance with the California State Department of Agriculture's regulation for nursery inspections, rules and rating. All plants shall have a normal habit of growth and shall be sound, healthy, vigorous and free of insect infestations, plant diseases, sunscalds, fresh abrasions of the bark, excessive abrasions, or other objectionable disfigurements. Tree trunks shall be sturdy and well "hardened" off. All plants shall have normally well-developed branch systems, not sparse, irregularly spaced, thin branched or having off -balanced head. All shall have vigorous and fibrous root systems that are not root or pot-bound. The root conditions of the plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than two plants of each species or variety. Where container -grown plants are from several sources, the roots of not less than two plants of each species or variety from each source will be inspected. In case the sample plants inspected are found to be defective, the Landscape Architect reserves the right to reject the entire lot or lots of plants represented by the defective samples. The Engineer is the final judge of acceptability. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will be provided at the expense of the Contractor. 3 The size of the plants will correspond with that normally expected Page 53 of 78 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 to the measurements, specified on the drawings. Plants larger in container size than specified may be used with the approval of the Landscape Architect. But the use of larger plants will make no change in contract price. If the use of larger plants is approved, the ball of earth or spread of roots for each plant will be increased proportionately. Rejection or substitutions: y All plants not conforming to the requirements herein specified, shall be considered defective and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site of the work and replaced with new plants at the Contractor's expense. The plants shall be of the species, variety, size and condition specified herein or as shown on the drawings. Under no conditions will there be any substitution of plants or sizes listed on the accompanying plans, except with the expressed written consent of the Landscape Architect. 5 Pruning: v At no time shall trees or plant materials be pruned, trimmed or topped prior to delivery. Any alteration of their shape shall be conducted only with the approval and when in the presence of the Landscape Architect. 6 Plant material shall be true to botanical and common name and variety as specified in, "A Checklist of Woody Ornamental Plants in California," Manual 32, published by the University of California School of Agriculture (1963). 7 Nursery Grown and Collected Stock: Grown under climatic conditions similar to those in locality of the project. Container -grown stock in vigorous, healthy condition not root -bound or with root system hardened off. Use only liner stock plant material that is well-established in removable containers or formed homogeneous soil sections. 8. Substitute plant material will not be permitted without specific written approval by the Engineer. Page 54 of 78 L Tree Staking Material: Stakes for Tree Support: ;I Wood Stakes Stakes shall be straight grained lodgepole pine. Stakes shall be free from knots, checks, splits, bends, or disfigurements. Minimum nominal size for 15 gallon and 24" box trees shall be 2" in diameter x 10' and/or 12' long, pointed at one end. Minimum size for 36" box and larger shall be 3" diameter x 12' and/or 14' long, pointed at one end. Adjust to fit tree size. Treat all stakes with copper naphthanate. 2. Tree supports shall be rubber "Cinch -Tie" tree ties available at V.I.T. products, (800) 729-1314, allowing limited trunk movement. F Mulch Cover: All shrub planting areas other than slopes over 4:1 shall receive a surface layer of nitrogen fortified shredded tree and plant material mulch. The mulch shall consist of "Forest Floor 0'-4"" mulch as manufactured by Aguinaga Fertilizer Company, Irvine, California, (949) 786-9558. Provide depth of 2" minimum over finish grade in general planting areas, and 1" depth within watering berm around plant base. No bare earth shall be showing through mulch cover. Curbs, walks, or other paving shall be located 1" over the top of the mulch cover. Move mulch away from the tree or shrub root crown to prevent constant moisture at the base of the tree or shrub. t� Miscellaneous Materials: Sand: =� Washed plaster sand or equivalent having no weeds, debris or chemicals to inhibit plant growth. . Herbicides: El Pre -emergent herbicide: Ronstar or equivalent b Post -emergent herbicide: Round -up or equivalent PART 3 — EXECUTION 3.01 GENERAL Page 55 of 78 n The landscape contractor or subcontractor shall provide a licensed Pest Control Advisor (PCA) prior to applying herbicide. The PCA will be responsible for preparing and approving a Pest Control Recommendation and providing Safety Data Sheets (SDS). These items shall be included with the herbicide submittal. The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet with the City Arborist a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines. Y Roo[ Pruning a_ Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City Arborist. t�. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning 7 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 Page 56 of 78 to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.) h 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 Arborist. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 3.02 INSPECTION A Verify that final grades have been established prior to beginning planting operations. [� Inspect trees, shrubs, and liner stock plant material for injury, insect infestation and trees and shrubs for improper pruning. t} Do not begin planting until irrigation mainline pressure test and irrigation coverage tests are accepted. 3.03 INSTALLATION Preparation of Planting Beds At the completion of the demolition, clearing and grubbing work, the areas to receive top soil and/or soil conditioners shall be deep ripped to a depth of at least nine (9") inches. Amendments at the following rates shall then be rototilled into the top six (6") inches in a homogeneous manner. Care shall be given to existing palm tree roots that they not be damaged during this work. The surface of the soil shall then be brought to a smooth, uniform surface free of ruts, furrows and other irregularities to the Engineer's satisfaction. Swales, ponds and mounds shall be removed. Planting Bed Amendments and rates: (Refer to Planting Plans for sample locations). Note: Rates and fertilizers may have to be adjusted depending on analysis of selected compost if selected for amendment. Provide any compost to the soils laboratory for analysis and recommendations as indicated on the Plans for each of the sampled areas. Page 57 of 78 All soil areas shall be compacted and settled by application of heavy irrigation to a minimum depth of twelve (12) inches. U Final Grades: 1. After the foregoing specified deep watering, minor modification to grade may be required to establish the final grade. These areas shall not be worked until the moisture content has been reduced to a point where working it will not destroy soil structure. a Finish grading shall insure proper drainage of the site. i" Eliminate all erosion scars. At time of planting, the top two (2) inches of all areas to be planted or seeded shall be free of stones, stumps, or other deleterious matter one (1) inch in diameter or larger, and shall be free from all wire, plaster, or similar objects that would be a hindrance to planting or maintenance. r�. Rake surface to a smooth finish surface. 1.1 Dispose of Excess Soil: Dispose of unacceptable or unused excess soil off-site in a manner consistent with local codes. ra Maintenance of Final Grades.- It rades: It shall be the responsibility of the Contractor to maintain the final grades throughout the Construction Phase. All erosion shall be properly repaired at the Contractor's own cost to the Engineer's satisfaction. Any slope soil run-off onto adjacent paving areas, concrete swales or streets shall be cleaned regularly by the Contractor. 3.04 PLANTING INSTALLATION A General: Actual planting shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted practice, as approved by the Landscape Architect. Only as many plants as can be planted and watered on that same day shall be distributed in a planting area. 3 Containers shall be opened, and plants shall be removed in such a Page 58 of 78 manner that the ball of earth surrounding the roots is not broken. The plants shall be planted and watered as herein specified immediately after removal from the containers. Containers shall not be opened prior to placing the plants in the planting area. D Weed Control: 1 After soil preparation and establishment of final grades prior to any planting, the Contractor shall irrigate thoroughly for a period of time, two to three weeks, until the weed seeds have germinated. When there is sufficient weed seed germination, the Contractor shall apply a post -emergent contact herbicide according to the directions of the manufacturer, conforming to any and all codes affecting herbicide handling and use. 2. The contractor shall then wait an additional two (2) weeks to allow the herbicide to dissipate, then plant as indicated in the plans and specifications. 3. The Contractor shall remove any residual foliage. Roots shall be removed except on slopes 2:1 or greater where they shall remain to add to the slope's stability. C., Lay -out of Major Plantings: 1 Once finish grade is established, and irrigation installed, the Contractor shall place all shrubs and trees on the ground in their original containers in the locations and in the quantities as shown on plan. These locations shall be approved by the Landscape Architect. Failure to get approval prior to installation may result in the post -planting changing of locations, plant facing direction, or the addition or deletion of new plant material to achieve the desired visual effect at the Contractor's cost. 2. Do not begin any excavation until plant locations and plant beds are acceptable to the Engineer. Excavation for Planting: Pits and Trenches: a Dig vertical sides and flat bottom on all pits and trenches. b Plant pits shall be square for box material, and circular for container material. All plant pits for shrubs shall be dug twice the diameter and the depth of the root ball, allowing for the root crown to be Page 59 of 78 approximately Y2 inch to 1 inch above finish grade. d. Refer to plans for the size of tree and shrub plant pits. L Tree and Shrub Backfill t: Backfill shall consist of native soil and amendments as indicated per Plans for each sampling area . Planting of Trees and Shrubs: 1. Excavation for planting shall include the stripping and stacking of all acceptable topsoil encountered within the areas to be excavated for trenches, tree holes, plant pits and planting beds. . Excess soil generated from the planting holes and not used as backfill or in establishing the final grades shall be removed from the site in a manner consistent with all local codes. . Protect all areas from excessive compaction when trucking plants or other materials to the planting site. All excavated holes shall have vertical sides with roughened surfaces. Each excavated plant pit shall be filled with water and allowed to drain twice before the final container placement and planting. 5 Planting tablets shall be set with each plant on the top of the root ball while the plants are still in their containers so the required number of tablets to be used in each hole can be easily verified. Install the number of planting tablets per manufacturer's recommendations. i Can Removal: a. Cut cans on two sides with an acceptable can cutter b. Do not injure root ball c. Do not cut cans with a spade or ax d. Carefully remove plants without injury of damage to the root ball - After removing the plant, superficially cut edge -roots with a knife on three sides Page 60 of 78 8 Box removal: :- Remove bottoms of plant boxes before planting Remove sides of box without damage to root ball after positioning plant and partially backfilling 9. Center plant in pit or trench. IC Face plants with fullest growth into prevailing wind, unless otherwise directed by the Landscape Architect 1 Set plants plumb allowing root crown to extend 1" above surrounding finish grade and hold rigidly in position until soil has been tamped firmly around base of the root ball. 12. All plants which settle deeper than 1" above finish grade shall be raised to the correct level. After the plant has been properly placed, backfill shall be added to the hole to cover approximately one-half of the height of the root ball or per soils laboratory recommendations if available. At this stage, water shall be added to the top of the partly filled hole to thoroughly saturate the root ball and adjacent soil. 13. After the water has completely drained, planting tablets shall be placed as indicated on the product labels. 14. Backfill the remainder of the hole per the soils laboratory recommendations. 16. Hand backfill and hand tamp leaving a slight depression around bases of plants, and leaving the root crown 1" above finish grade. In no way shall the root crown be installed below surrounding finish grade. 16. Once finish grade has been established, an earthen basin shall be constructed around the plant using amended soil if amendments have been specified in the backfill mix. The basins shall be of a sufficient depth to hold 2" depth of water for shrubs and 4" depth of water for trees. 17. Earthen basins shall be constructed around plants as follows. Shrub basins may encroach into tree basins, but all basins must meet the following sizes. Ll One -gallon plants - min. 1' diameter b Five -gallon plants — min. 1'-6" diameter Page 61 of 78 Twenty four inch (24") box — min. 4' diameter Thirty six inch (36") box — min. 6' diameter 18. 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. 19. Staking: a Staking of all trees shall conform to tree staking details. One tree of each size shall be staked and approved by the Engineer prior to continued staking. 3.03 FERTILIZATION elk Contractor shall fertilize all planting areas as denoted in the agronomic soils laboratory report for the Establishment period and for on-going Maintenance. 3.05 CLEAN-UP After all planting operations have been completed; remove all trash, excess soil, empty plant containers and rubbish from the property. All scars, ruts or other marks in the ground caused by this work shall be repaired and the ground left in a neat and orderly condition throughout the site. The Contractor shall pick up all trash resulting from this work no less frequently than each Friday before leaving the site, once a week, and/or the last working day each week throughout the Construction Phase. All trash shall be removed completely from the site. The Contractor shall leave the site area broom -clean and shall wash down all paved areas within the contract area, leaving the premises in a clean condition throughout the Construction Phase. END OF SECTION SECTION 32 06 00 LANDSCAPE MAINTENANCE Page 62 of 78 PART 1 —GENERAL 1.13 SCOPE OF WORK: f; Furnish all labor, materials, transportation, and services necessary to provide landscape maintenance to the project as described herein. h Related Work Specified In Other Sections. - 1 . ections: 1. Landscape Irrigation 32 88 00 2. Landscape Planting 32 90 00 1.14 GENERAL MAINTENANCE: A The length of the maintenance period shall be sixty (60) days for landscape establishment phase and thirty (30) days for the maintenance phase. �} Maintenance of plant materials shall include, but not be limited to trimming, pruning, watering, fertilization, weed control, cultivation, pest control and clean up. The Contractor shall keep the site in a state of perpetual growth and repair. t . All hardscape shall be kept clear of debris from the maintenance operations, erosion run-off, irrigation water, or wind blown debris. Clean up of walks shall be the Contractor's responsibility. Street gutters shall be included within the debris/siltation removal program. r The Contractor shall provide a general clean-up operation at least once a week for the purpose of removing trash or debris which may accumulate from the use of the area, wind blown debris, or other refuse. L All personnel on the project shall be well trained, clean, neat at all times, and be conversant with these specifications. - All work shall be performed in accordance with the best landscape maintenance practices and in keeping with the high aesthetic level of the facilities being maintained. Contractor shall be responsible for removing all weeds in joints of sidewalks, curbs, and hardscape throughout the project. All landscape areas shall be patrolled weekly by the Contractor to check for vandalism damage, broken tree branches, rodents, insects, pests, and diseases. Page 63 of 78 Water management: 1. Water only as required to allow penetration into the soil and avoid excess run-off. Once plant material is established, water only as needed to maintain healthy plant material. 2. Avoid water waste by setting controllers appropriately for the current season and weather. Soak and Cycle methods are preferred. Contractor shall be certain that "smart" controllers are properly set and connected to correct weather station signals. Avoid blocking the clear view of signs, illumination of light fixtures, the airflow out of vents and conflict with pedestrians and vehicles or their views. K Safety of users shall be a prime goal of maintenance especially in regard to pruning of trees and trimming of ground covers away from walkways and/or structures. Maintain a minimum of eight (8) feet clearance below trees in walkway areas. The Contractor, at his own expense, shall replace all plant material that has failed during the maintenance phase. 1.15 QUALITY ASSURANCE: A Work Force: 1. The Contractor's representative shall be experienced in landscape maintenance and shall have received an education in ornamental horticulture. The Contractor shall give his personal supervision to the work or shall have a competent foreman on the job site at all times during progress of the work. 2 The Contractor shall provide and maintain a current list of emergency telephone numbers for 24-hour emergency response. The Contractor shall initiate remedial action within two (2) hours from the time of notification. 1.16 SUBMITTALS: A. Submittals shall be provided within ten working days from the time of award of contract. f3. The following submittals will be required.- Deliver equired: Deliver to the Engineer a materials List noting product (generic) name on Contractor's letterhead, supplier and contact information. Include fertilizer schedule. Product cut sheets may be included for backup to formal listing of materials on Contractor's letterhead. Page 64 of 78 1.17 MAINTENANCE PHASE: A The Contractor shall continuously maintain all areas involved in this contract during the progress of the work and during the Maintenance Phase until final acceptance of the work by the Engineer. i, Improper maintenance or poor condition of any plantings as determined by the Landscape Architect, during or at the end of the scheduled maintenance period may cause postponement of the final completion date of the contract. Project maintenance shall be continued by the Contractor until all work is acceptable to the Engineer. ;. Projects will not be segmented into separate Maintenance Phases unless specific work phases are indicated with the contract documents. t Any period of time the Contractor fails to adequately maintain plantings, replace unsuitable plants, perform weed control or other work, as determined by the Engineer, that time will not be credited to the plant maintenance period, and shall be added on the end of the Maintenance Phase. F The Contractor's maintenance period shall be extended to the Engineer's satisfaction should the provisions within these plans and specifications not be fulfilled to the Engineer's satisfaction. See Section 2.05 for further information regarding Landscape Architect's responsibility with Notice of Substantial Compliance. 1.18 START OF MAINTENANCE PHASE: Y. The Maintenance Phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete. i3. The Contractor shall request an observation to begin the Maintenance Phase after all planting and related work has been completed in accordance with the contract documents. If such criteria are met to the satisfaction of the Engineer, a field notification shall be issued to the Contractor from the Engineer, to establish the effective beginning date of the Maintenance Phase. The Engineer has the ultimate authority in setting the beginning date for the Maintenance Phase. 1.19 GUARANTEE AND REPLACEMENT: r°s All plant material installed under this contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one year for trees and 90 days for shrubs. This guarantee shall begin from the date of final acceptance at the end of the Maintenance Phase as established by the Engineer. Any plant material Page 65 of 78 found to be dead, missing or in poor condition as determined by the Engineer, shall be replaced by the Contractor at his expense. E Any materials found to be dead, missing, or in poor condition as determined by the Engineer, shall be replaced. The Engineer shall be the sole judge as to the condition of material. Material to be replaced within the guarantee period shall be replaced by the Contractor within seven (7) days of written notification, not just prior to inspection. } The installing Contractor and the on-going Maintenance Contractor shall walk the site at the end of the Maintenance Phase prior to turn -over of Maintenance to the on-going Maintenance Contractor. The on-going Maintenance Contractor shall document any and all on-going maintenance issues or concerns that he believes he may be liable for after the turn -over of maintenance responsibilities. This shall include any and all plant materials which appear to be dead, missing or in poor condition, and any irrigation equipment installation or materials that may appear suspect to malfunction during the guarantee period. This shall include all plants which were planted towards the end of the Maintenance Phase and which have not had the benefit of 90 day minimum growth. Documentation may include flagging, photographs, written report or combination of such. Only items noted as suspect by the on-going Maintenance Contractor and reviewed and agreed to by the installing Contractor and Engineer shall be covered during the guarantee period by the installing Contractor. In case of disagreement, the Engineer shall be the sole judge as to the determination of any suspect materials or installations. D Plants installed near the end of the Guarantee period shall be guaranteed by the installing Contractor only until the final acceptance of the Guarantee period by the Engineer. 1.20 FINAL PROJECT SUBMITTALS: 'S Prior to the date of the final inspection at the end of the Maintenance Phase, the Contractor shall acquire from the Landscape Architect mylar prints at the Contractor's expense, and record from the job record set all changes made during construction, label as "Record Drawings", and deliver to the Engineer. Prior to the date of final inspection at the end of the Maintenance Phase, the Contractor shall deliver to the Engineer the "Landscape and Irrigation Guarantee" as required. All other submittals as incorporated in the Irrigation and Planting Specifications shall also be completed prior to the final acceptance by the Engineer. PART 2 — EXECUTION 2.01 MAINTENANCE: Page 66 of 78 A. Maintenance shall conform to the following standards: All areas shall be kept free of debris and all planted areas shall be weeded and cultivated at intervals of not more than seven (7) days. Watering, mowing, rolling, edging, trimming, fertilization, spraying and pest control, as may be required, shall be included in the maintenance period. The Contractor shall be responsible for maintaining adequate protection of the entire project area. Damaged areas caused by erosion, tire damage, graffiti, pests or other damage as deemed by the Engineer shall be repaired at the Contractor's expense. 3. All sidewalks, paved areas and other areas adjacent to the planting areas shall be cleaned of all debris, soil, or other materials at intervals of not more than seven (7) days. 2.02 TREE AND SHRUB CARE: Watering: 1. Maintain a large enough water basin around plants in groundcover areas so that enough water can be applied to establish moisture through the major root zone. When hand -watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering. U Pruning: Trees: Prune trees to select and develop permanent scaffold branches that are smaller in diameter than the trunk or branch to which they are attached that have vertical spacing of from 18" to 48" and radial orientation. Other pruning shall be performed to correct the following: 1. so permanent scaffold branches do not overlay one another to eliminate diseased or damaged growth to eliminate narrow V-shaped branch forks that lack strength 4 to reduce toppling and wind damage by thinning out crowns 5. to maintain growth within space limitations Page 67 of 78 6 to maintain a natural appearance 7 to balance crown with roots No stripping of lower branches, (raising up), of young trees be permitted unless trees are in conflict with walkways, driveways, views or care of building facilities. Lower branches shall be retained in a pinched back condition with as much foliage as possible to promote caliper trunk growth, (tapered trunk). Lower branches can be cut flush with the trunk only after the tree is able to stand erect without staking or other support. No stubbing of major branches will be accepted. Trees shall be thinned out and shaped when necessary to prevent wind and storm damage. The primary pruning of deciduous trees shall be done during the dormant season. Damaged trees or those that constitute health or safety problems shall be pruned at any time of the year as required. All tree pruning shall be done with hand equipment operated from the ground. If trees are larger than able to be pruned in such a manner, the condition will be brought to the attention of the Engineer. Remove no more than :50';A of a plant's foliage during pruning operations. Lower branches on established street trees shall be pruned 8' up for pedestrian clearance and 12' up for vehicular clearance. Topping of trees will not be tolerated unless approved by the Engineer. Shrubs: The objectives of shrub pruning are the same as for trees. Shrubs shall not be clipped in balled or boxed forms unless such is required by the design. i All burning cuts shall be made to lateral branches or buds or flush with the trunk. Stubbing will not be permitted. Remove any spent blossoms or flower stalks after flowering. Page 68 of 78 � Hedges and most plant masses shall be pruned into a mass form, not individual plant balls or boxes. -: Staking and Guying: Remove stakes and guys as soon as they are no longer needed. Stakes and guys are to be inspected to prevent girdling of trunks or branches and to prevent rubbing that causes bark abrasions. Trees found damaged shall be replaced at the Contractor's expense. D. Weed Control: 1 Keep basins and areas between plants free of weeds. Use recommended legally approved pre -emergent and post -emergent herbicides and removal by hand methods. Avoid frequent soil cultivation that destroys shall roots. Use mulches to help prevent weed seed germination. Avoid post -emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. Use of chemical spraying may be necessary to rid turf areas of noxious weeds. 3. Weed control is on-going and shall be consistently performed until the end of the Maintenance Phase. Just prior to the end of the Maintenance Phase, the Contractor shall perform a final weed spraying and removal through the entire project. Should the project meet "industry standard" as determined by the Landscape Architect at the end of the Maintenance Phase, the Engineer shall be responsible for weed control from that point forward. The weed control program shall be extended if the weed control program does not meet "industry standard" as determined by the Landscape Architect, until substantial compliance is determined by the Landscape Architect. Mulch Replace mulch in planting areas and basins to meet original requirements of details and specifications. Replacement mulch shall be considered a part of the maintenance and provided and installed at the cost of the contractor's maintenance program. r. Insect Control: Maintain a reasonable control with approved materials and methods that are legally accepted in the area. Obtain approval of materials and methods from the Engineer prior to work. Page 69 of 78 c1 Disease and Pest Control. The Contractor shall be responsible to control all diseases and pests during the Maintenance Phase. All disease and pest control materials and methods shall be at the direction of a licensed pest control operator. The Engineer shall be made aware of all methods and materials to be used for disease and pest control. The Contractor shall implement the control measures exercising extreme caution in using pesticides and taking all necessary steps to ensure the safety of the public. Fertilization.- No ertilization: No fertilization is required during the first 30 days after planting. At approximately 60 days after planting uniformly broadcast sulfur coated urea at the rate of 5 lbs. per 1,000 sq. ft. . Avoid applying fertilizer to the root ball and base of main stem; rather spread evenly under plant to the drip line. For on-going fertilization schedule, refer to the soils laboratory report at the end of these specifications. 2.03 MULCH Maintain original mulch depth by providing and installing approved project mulch in all specified planting areas on a regular basis and at the end of the Maintenance Period. 2.04 IRRIGATION SYSTEM r^k The Contractor shall check all systems for proper operation a minimum of once a month. Conventional overhead systems shall be flushed out after removing the last sprinkler head at each end of the lateral at 30 day intervals. All conventional heads are to be adjusted as necessary for 100%, head-to- head coverage. [ Set and program automatic controllers for ET input or for seasonal water requirements. [� Repair all damage to the irrigation system at the Contractor's expense. Repairs shall be made within one watering cycle. All replaced equipment shall match the equipment specified on the plans and specifications. Replace irrigation equipment with same type and size as originally designed. Replacements by other manufacturers are not acceptable unless no longer available. All substitutions shall be approved prior to Page 70 of 78 installation by the Engineer. 2.05 FINAL ACCEPTANCE The Contractor shall be aware that the landscape shall be in a vigorous and thriving condition prior to final acceptance. All plant material which may still be under stress from the Construction Phase shall at this time be rejected and replaced by healthy and vigorous plant material prior to final acceptance. P. All plant material shall have new growth trimmed neatly, turf shall be mowed, and all hardscape shall be cleaned prior to final acceptance. Should the project meet substantial compliance to the plans and specifications in the Landscape Architect's opinion, the Landscape Architect shall provide a notice of substantial compliance to the Engineer. This notice will be sent after the final site visit at the end of the Maintenance Phase. This notice will indicate that the intent of the plans and specifications has been fulfilled to "industry standard" in the opinion of the Landscape Architect. Industry standard is being defined herein as work that has reached a normal or reasonable point of completion normally expected and consistent with that degree of care and skill ordinarily exercised by contractors under similar circumstances within the local region. This will relieve the landscape architect from any and all further work relative to this project. Should substantial compliance not be met, a punch list of sub -standard items not meeting "industry standard" in the opinion of the Landscape Architect shall be generated and sent to the Engineer. These items will need to be addressed and completed prior to the final letter of substantial compliance being sent. D Upon final acceptance of the project by the Engineer, a date shall be agreed upon and set in writing verifying the final date of the ninety (90) day shrub and one (1) year tree guarantee periods. Any on-going conflicts which may exist between the Contractor and the Engineer regarding maintenance issues may be resolved per further agreement extensions, new agreements, or other legal means available outside this contract. END OF SECTION Page 71 of 78 EXHIBIT 'A' AGRONOMIC SOILS REPORT WALLACE LABORATORIES, LLC 365 Coral Circle EI Segundo, CA 90245 phone (310) 615-0116 fax (310) 640-6863 April 12, 2019 Art Guy, art@bgb-inc.com BGB Design Group 3185-C Airway Ave. Costa Mesa, CA 92626 RE: West Coast Hwy. Landscape Improvements, Project No. NEW -1701.01 Received April 10, 2019 Dear Art, #1 Near Superior Ave Parkway, Our ID No. 19-101-29 The pH is alkaline at 7.59. Limestone is present. It induces iron deficiency in acid -loving plants. Salinity is modest at 0.37 millimho/cm. Nitrogen, phosphorus and sulfur are low. Potassium and boron are moderate. Iron, zinc, manganese, copper and magnesium are high. Zinc is higher than desired at 42 parts per million. Copper is high at 17 parts per million. Available sodium is modest. SAR (sodium adsorption ratio) is 0.9. Plant available lead is high at 58 parts per million. The rate of water percolation is fast at 9.05 inches per hour. #2 Mid Project Parkway, Our ID No. 19-101-30 The soil has moderately alkalinity with a pH of 7.47. Salinity is low at 0.46 millimho/cm. Nitrogen, sulfur and phosphorus are low. Boron is moderate. Potassium, iron, manganese, zinc, copper and magnesium are high. Potassium, iron, manganese, zinc, copper and magnesium are high. Zinc is higher than desired at 34 parts per million. Copper is high at 19 parts per million. Sodium is low. SAR is 0.9. Plant available lead is modest at 7 parts per million. The rate of water percolation is 3.70 inches per hour. Page 72 of 78 The soil is hydrophobic. It is difficult to wet. Water beads up on the soil surface initially and then slowly moves into the soil. The optimal level for zinc is several parts per million. Sensitive plants such as woody plants commonly need plant available zinc below about 30 parts per million. Herbaceous plants generally need zinc below about 50 parts per million. Excessive zinc causes stunting, dieback and discoloration. Zinc interferes with root functions. High zinc restricts the uptake of potassium and other micronutrients. The optimal level of copper is about half a part per million. Copper toxicity in sensitive plants starts at about 5 parts per million. Copper is especially toxic at about 20 parts per million. Normally, plant available lead should be less than about 30 parts per million for good vigor. Since heavy metals do not normally migrate through the soil profile, deeper soil is expected to be more suitable. Plant growth may be slow initially and then increase if the rooting moves downward into more suitable soil. The effects of heavy metals are cumulative and the concurrent presence of them increases their toxicity. The threshold concentrations may need to be reduced. Recommendations For the best growth, use a plant palette which is tolerant of high levels of heavy metals or else use a more suitable soil. Deeper soil may be more suitable. General soil preparation on a square foot basis. Broadcast the following uniformly; rates are per 1,000 square feet for a 6 -inch lift. Incorporate them homogeneously 6" deep. Ammonium sulfate (21-0-0) - 5 pounds for both Potassium sulfate (0-0-50) — 8 pounds for #1 Triple superphosphate (0-45-0) — 4 pounds for both agricultural gypsum - 10 pounds for both Organic soil amendment — if needed, sufficient for 3% to 5% soil organic matter For the preparation on a volume basis, homogeneously blend the following materials into the soil. Rates are expressed per cubic yard: Ammonium sulfate (21-0-0) -1/4 pound for both Potassium sulfate (0-0-50) — 1/3 pound for #1 Triple superphosphate (0-45-0) — 1/4 pound for both agricultural gypsum — 0.5 pound for both Organic soil amendment— if needed, sufficient for 3% to 5% soil organic matter Organic soil amendment if used: Page 73 of 78 I Humus material shall have an acid -soluble ash content of no less than 6% and no more than 20%. Organic matter shall be at least 50% on a dry weight basis. 2. The pH of the material shall be between 6 and 7.5. 3 The salt content shall be less than 10 millimho/cm @ 25° C. on a saturated paste extract. 4 Boron content of the saturated extract shall be less than 1.0 part per million. 5. Silicon content (acid -insoluble ash) shall be less than 50%. 6. Calcium carbonate shall not be present if to be applied on alkaline soils. 7. Types of acceptable products are composts, manures, mushroom composts, straw, alfalfa, peat mosses etc. low in salts, low in heavy metals, free from weed seeds, free of pathogens and other deleterious materials. 8. Composted wood products are conditionally acceptable [stable humus must be present]. Wood based products are not acceptable which are based on red wood or cedar. 9. Sludge -based materials are not acceptable. 10 Carbon:nitrogen ratio is less than 25:1. 11 The compost shall be aerobic without malodorous presence of decomposition products. 12 The maximum particle size shall be 0.5 inch, 80% or more shall pass a No. 4 screen for soil amending. Maximum total permissible pollutant concentrations in amendment in parts per million on a dry weight basis: arsenic 20 copper 100 selenium 50 cadmium 15 lead 200 silver 10 chromium200 mercury 10 vanadium 50 cobalt 30 molybdenum 20 zinc 200 nickel 100 Higher amounts of salinity or boron may be present if the soils are to be preleached to reduce the excess or if the plant species will tolerate the salinity and/or boron. Irrigate hydrophobic areas slowly. Use multiple starts and soaking periods between irrigation cycles. Slightly moist soils are easier to wet than dry soils. Balance soil aeration with soil moisture. For maintenance fertilization, apply ammonium sulfate (21-0-0) at 5 pounds per 1,000 square feet about once per quarter. Correct iron deficiency as needed with BASF Sprint 138 Fe or other FeEDDHA chelated iron. Monitor the site with periodic testing. Adjust the maintenance program as needed. Page 74 of 78 WALLACE LABS 365 Coral Circle El Segundo, CA 90245 (310) 615-0116 ammonium bicarbonate/DTPA extractable - mg/kg soil Interpretation of data low medium high 0 - 7 8-15 over 15 0-60 60 -120 121-180 0 - 4 4 - 10 over 10 0-0.5 0.6- 1 over 1 0 - 1 1 - 1.5 over 1.5 0-0.2 0.3- 0.5 over 0.5 0-0.2 0.2- 0.5 over 1 SOILS REPORT Print Date Apr. Location West Coast Hwy Landsez Requester elements phosphorus potassium iron manganese zinc copper boron calcium magnesium sodium sulfur molybdenum Page 75 of 78 nickel The following trace aluminum elements may be toxic arsenic The degree of toxicity barium depends upon the pH of cadmium Page 75 of 78 Arthur D. Guy I11, BGB D Group * very low, ** low, *** moderate ****high, *****very hi 1 Sample ID Number 19-101-29 Sample Description #1 Near Superior Ave Par graphic 4.99 65.73 *** 31.63 ***** 3.69 **** 41.90 ***** 17.28 ***** 0.25 459.21 **** 123.58 **** 51.86 ** 14.66 ' 0.10 **** 1.91 ** n 0.04 0.60 0.38 the soil, soil texture, chromium 0.11 organic matter, and the cobalt n d concentrations of the lead 57.70 individual elements as well lithium 0.31 k as to their interactions mercury n d selenium n d The pH optimum depends silver n d upon soil organic strontium 2.81 matter and clay content- 141 n d for clay and loam soils: vanadium 0.42 under 5.2 is too acidic 6.5 to 7 is ideal Saturation Extract over 8.0 is too alkaline p,H value 7.59 The ECe is a measure of ECe (milli- 0.37. the soil salinity: mho/cm 1-2 affects a few plants calcium 35.8 2-4 affects some plants, magnesium 8.5 > 4 affects many plants. sodium 2.2.5 potassium 3.0 cation sum problems over 150 ppm chloride 34 good 20 - 30 ppm nitrate as N 8 phosphorus as P 0.3 toxic over 800 sulfate as S 10.8 anion sum toxic over 1 for many plants boron as B _ _ 0.12 increasing problems start at 3 SAR I 0.9 est. sum requirement-lbs./1000 sq. ft. k+ infiltration rate, inches/hour 9.05 estimated soil texture sandy loam lime (calcium carbonate) yes organic matter fair/good moisture content of soil 16.3% half saturation percentage 29.6% Page 76 of 78 Elements are expressed as mg/kg dry soil or mg/I for saturation extract. pH and ECe are measured in a saturation paste extract. nd means not detected. Analytical data determined on soil fraction passing a 2 mm sieve. Page 77 of 78 APPENDIX A CALTRANS ENCROACHMENT PERMIT Page 78 of 78 EPMS: Print Permit STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT TR -0120 (REV. 6/2012) In compliance with (Check one): N Your application of September 5, 2019 ❑ Utility Notice No. of ❑ Agreement No. ❑ RM Contract No. TO: City Of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Attn: Michael Sinacori 5l of 949-644-3342 and subject to the following, PERMISSION IS HEREBY GRANTED to: 12-19—N—LC-0815 12 -ORA -1, PM 19.97/20.8 Approval Date _ 09/27/2019 Fee Paid $ EXEMPT — Performance Bor 0.00 — Bond Company Bond Number (1) , PERMITTEE Page I of 1 Deposit f. EXEMPT int (1) Payment Bond Amount (2) 0.00 (Bond Number (2) INSTALL, MAINTAIN, AND REMOVE TEMPORARY TRAFFIC CONTROL DEVICES ON PCH AND RELATED CROSS STREETS WITHIN THE PROJECT LIMIT TO REPLACE THE EXISTING MEDIAN LANDSCAPING WITH DROUGHT TOLERANT PLANTS AND SHRUBS, REMOVE EMBOSSED CONCRETE MEDIAN PAVEMENT TO EXPAND PLANTING AREAS IN THE CITY OF NEWPORT BEACH. All performed work shall be in accordance with current Caltrans Standard Specifications and Standard Plans, Section 500 (Specific Permits) of the Encroachment Permits Manual, the latest California MUTCD, the attached Provisions and Permit Traffic Control Plans stamp - dated September 9, 2019. Permittee shall contact State Permit Inspector Shahryar Deravi at 657-328-6403 between 10:30 AM and 1:30 PM, a minimum of SEVEN working days prior to the start of work and a pre - job meeting will be scheduled at the earliest mutually agreeable time. Failure to comply with this requirement will result in suspension of this permit. THIS PERMIT IS NOT A PROPERTY RIGHT AND DOES NOT TRANSFER WITH THE PROPERTY TO A NEW OWNER_. The following attachments are also included as part of this permit (Check applicable): N Yes ❑ No General Provisions In addition to fee, the permittee will ❑ Yes N No Utility Maintenance Provisions be billed actual costs for: ❑ Yes N No Storm Water Special Provisions N Yes ❑ No Review N Yes []No Special Provisions N Yes ❑ No Inspection ❑ Yes N No A Cal -OSHA permit, if required: Permit No. N Yes ❑ No Field Work ❑ Yes N No As -Built Plans Submittal Route Slip for Locally Advertised Projects ❑ Yes N No Storm Water Pollution Prevention Plan / Water Pollution Control Plan (if any Caltrans effort expended) ❑ Yes N No The information in the environmental documentation has been reviewed and considered prior to approval of this permit. This permit is void unless the work is completed before July 31, 2020 This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. No project work shall be commenced until all the other necessary permits and the environmental clearances have been obtained PERMIT ENGINEER:Ed Khosravl APPROVED: COPIES TO: Maintenance File 19-0815 Tom Shamsabadi Ryan Chamberlain, District Director Uy. 7 rrl y ` �r, _ ( CHARLES MAKSOUDIAN , P.E., District Permit Engineer ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format Information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814. FM 91 1436 (D12 Permit App.) http://epms.dot.ca.gov/bin/pi-int__permit.php'?id=232902 9/27/2019 City of Newport Beach 12 -19 -N -LC -0815 September 27, 2019 -Permittee's contractor shall furnish the State with a signed application requesting a separate Caltrans Encroachment Permit called Double Permit (DP), authorizing the Contractor to perform the work within the State right of way on Permittee's behalf and provide a deposit of $1640.00 at the time of application. -Maintenance agreement between the City of Newport Beach and Caltrans to be signed by all parties before actual construction is started. In addition to the attached General Provisions (TR -0045), the following Special Provisions are applicable; IIermi!ttee shall call the Traffic Management Center (TRIC) at 949-936-3600 and rveIay tIIt. Closure 10 No(g), Loq N0(s), and status code provided by tho State i11Woctor wlle11 work tegins Ihrst cone down, statt1s code 10-97), and again when work is finished far the day (last cane mnsoved, status code 10-98, If Clio work is cancelled an arty scheduled clay, Permittae shall call TRIC at 949-936-3600 and relay; "(Clos►rre ID No., Log No.) is 10-22" (cancelled) r:v later than the scNiodtrled '10-97 time, Any delay iil picking up your closure must be reported immediate Iy to TIBC at 949-936-3609 and State Permit ins pecWr. Permittee shall also text 10. 97, 10-98, or 10-22 status to the State perniit inspector named on the perrnit (Inspector's cell phone number will be provided dur#ng the pre job meeting). FAILURE TO FOLLOW THESE INSTRUCTIONS WILL. RESULT IN SUSPENSION OF PERMIT_ ■ If any of the closures on these plans cause a delay or backup onto the freeway, then the closure hours are to be reduced or moved to night work as determined by the Caltrans Permit Inspector. Permittee shall contact the LOCAL LAW ENFORCEMENT JURISDICTION at least 48 hours prior to implementing traffic control measures. All closures shall conform to State standards and shall follow Chapter 8 of the Safety Manual. By Noon Monday, permittee shall subxnit a completed copy of the attached District 12 Closure Schedule Form as instructed on the Closure Schedule Form or by Fax (657-328-6501) forthe following week period, defined as Saturday through tib following Friday, If Monday is a designated holiday, tl'�e schedule shah be submitted on Tuesday_ IneomPlete, illeglbie, or inaccurate InfcrrMatlon will be returned for correction and resubmittal. Perm itteefPermittee'9 contractor wlll be notified of disapproved ciosures or closures that fequire coordination with other parties as a condition of approval. If emall or fax is unavailable, the schedule may be called In by calling the assigned Permit Inspector, and the completed Form be submitted to the Permit Inspector during the pre job meeting. Except for installing, mailntaining and removing traffic control devices, any work encroaching within 3 feet of the edge of a travel lane for areas with a posted speed IImit below 45mph, or 6 feet of the edge of a travel lane, fur areas with a speed limit posted at 45m ph or higher, shall requIfe closing of that travel lane. Any work encf caching within 6 feet of the edge of the shoulder. shall require closing of that shoulder, Permittee shall notify the Department's Representative. and obtain approval of, all traffic control, lane closures or detours. at least seven (7)WOR KilNG DAYS prior to setting up of any traffio control." Orange vests and hard hats shall be worn at all times while working within State ripht-of-way_ By acceptance of this permit, the permittee understands and agrees to reimburse the State for all costs incurred for performing corrective work in the event that the permittee or permittee's representatives fail to install, replace, repair, restore, or remove facilities to state specifications for the immediate safe operation of the highway and satisfactory completion of all permit work. State forces may perform corrective work or Page] of 3 City of Newport Beach 12 -19 -N -LC -0815 September 27, 2019 it may be contracted out. Understood is that the above charges are in addition to permit fees, and an invoice will be sent to permittee for said charges after satisfactory completion of all work. The issuance of the permit shall not set as precedence for other permits approved in the future. It is the responsibility of the permittee, permittee's agents, or contractors to comply with all provisions of this permit and instructions from the State permit inspector. Permittee shall keep the permit package or copies thereof, at the work site at all times and show it upon request to any Department representative or law enforcement officer. When the permit package is not available, then immediate suspension of permit will occur. • Permittee shall furnish the necessary inspection to provide for public safety and to insure that all work within or affecting the State's right of way pursuant to this permit is in accordance with State Standards and requirements. The State permit inspectors will monitor the work authorized under this permit and the work is subject to the approval of the State permit inspectors. ■ Permittee shall remain solely responsible for compliance with all requirements of this permit. • Prior to performing any work pursuant to this permit, the permittee shall obtain all necessary permits and authorizations required of other governmental agencies and by law. The permittee shall make the necessary arrangements with the appropriate agencies to monitor and test performed work to ensure accordance with requirements of those agencies. • American National Standards Institute (ANSI) compliant Class II vests and hard hats shall be worn while working within State's right-of-way. Workers working at night will be required to wear ANSI Class III warning garments. Class III compliance can be achieved by combining ANSI Class E pants worn with an ANSI Class II vest. • The State permit inspector must ascertain and agree to all work details and all aspects of traffic control or no work shall begin on this permit. • If a safe passage way cannot be provided, appropriate signs and barricades shall be installed at the limits and in advance of construction at the nearest Crosswalk or Intersection to detour pedestrians to facilities across the street. • When the work area encroaches upon a sidewalk, walkway, or crosswalk area, special consideration must be given to pedestrian safety. Protective barricades, fencing, handrails and bridges, together with warning and guidance devices and signs must be utilized so that the passageway for pedestrians, especially blind and other physically handicapped is safe and well defined and shown on the approved permit plan. • Personal vehicles of the Contractor's employees shall not be parked on paved shoulders or traveled way within the limits of this work. • Unless otherwise approved by the State Permit Inspector no work that interferes with public traffic shall be performed on weekdays between 6:00 AM and 9:00 AM, and between 3:00 PM and 6:30 PM. • The full width of traveled way shall be open for use by public traffic on Saturdays, and designated legal holidays, after 3:00 PM on Fridays and on the day preceding designated legal holidays, and when construction operations are not actively in progress. Page 2 of 3 City of Newport Beach 12 -19 -N -LC -0815 September 27, 2019 • Except as specifically provided herein, all requirements of the Vehicle Code and other applicable laws must be complied with in all particulars. • No lane may be closed or obstructed at any time unless specifically allowed per the encroachment permit, shown in approved traffic control plans, and/or as directed by the Department's Representative. • The Permittee's work shall be subordinated to any operations which the Department may conduct and shall not delay, nor interfere with the Department's Forces or Department's Contractors. • Should any deviation from these procedures or conditions be observed, all work shall be suspended until satisfactory steps have been taken to ensure compliance. • In the event of any discrepancy between Permittee's Permit Plans and these Permit Special Provisions, these Special Provisions shall prevail. Immediately following completion of the work permitted herein, Permittee shall fill out and fax the attached Work Completion Notice to 657-328-6501 to initiate final permit processing. Page 3 of 3 STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION Ei4£1�74���"'r,�„'�.�`R1VIi�i��f�IST+C�T�1u-:-.-----� -...._"...---�--���-•--,,....--�-----�-�—�t".__.._.. TR -0045 L 2. 3. 4. S. 6. 7. AUTHORITY: The California Department of Transportation ("Department") has authority to issue encroachment permits under Division 1, Chapter 3, Article 1, Sections 660 through 734 of the Streets and Highways Code. REVOCATION: Encroachment permits are revocable on five (5) business days' notice unless otherwise stated on the permit and except as provided by law for public corporations, franchise holders, and utilities. Notwithstanding the foregoing, in an emergency situation as determined by the Department, an encroachment permit may be revoked immediately. These General Provisions and any applicable Special Provisions are subject to modification or abrogation by the Department at any time. Permittees' joint use agreements, franchise rights, reserved rights or any other agreements for operating purposes in State of California ("State") highway right-of-way may be exceptions to this revocation. DENIAL FOR NONPAYMENT OF FEES: Failure to pay encroachment permit fees when due may result in rejection of future applications and denial of encroachment permits. ASSIGNMENT: This encroachment permit allows only the Permittee or Permittee's authorized agent to work within or encroach upon the State Highway right-of-way, and the Permittee may not assign this permit. ACCEPTANCE OF PROVISIONS: Permittee understands and agrees to accept and comply with these General Provisions, the Special Provisions, any and all terms and/or conditions contained in or incorporated into the encroachment permit, and all attachments to the encroachment permit (collectively "the Permit Conditions"), for any encroachment, work, andlor acti ; to be perfarmcd under this cricroachmem, permit and/or aitdef color of ; Aojdiority of this encroachment rt - rii.i}. rn�i F�1{ice liiwln�i.lar«i�ti M�F�iY .l�e�iy.y .��'=�.rlr�r� =f^:cczbte ten= a211,'.`:::•:tz:. a as long as the encroachment remains in, under, or over any part of the State Highway right-of-way. BEGINNING OF WORK: When traffic is not impacted (see General Provision Number 35), the Permittee must notify the Department's representative two (2) business days before starting permitted work Permittee must notify the Department's representative if the work is to be interrupted for a period of five (5) business days or more, unless otherwise agreed upon. All work must be performed on weekdays during regular work hours, excluding holidays, unless otherwise specified in this encroachment permit. STANDARDS OF CONSTRUCTION: All work performed within State Highway right-of-way must conform to all applicable Departmental construction standards including but not limited to: Standard Specifications, Standard Plans, Project Development Procedures Manual, Highway Design Manual and Special Provisions. Q 2018 California Department of Transportation. All Rights Reserved. Other than as expressly provided by these General Provisions, the Special Provisions, the Standard Specifications, Standard Plans, and other applicable Departmental standards, nothing in these General Provisions is intended to give any third party any legal or equitable right, remedy, or claim with respect to these General Provisions or any provision herein. These General Provisions are for the sole and exclusive benefit of the Permittee and the Department. Where reference is made in such standards to "Contractor" and "Engineer," these are amended to be read as "Permittee" and "Department's representative," respectively, for purposes of this encroachment permit. S. PLAN CHANGES: Deviations from plans, specifications, and/or the Permit Conditions as defined in General Provision Number 5 are not allowed without prior approval from the Department's representative. 9. INSPECTION AND APPROVAL: All work is subject to monitoring and inspection. Upon completion of work, Permittee must request a final inspection for acceptance and approval by the Department. Permittee must not give final construction completion approval to its contractor, until final acceptance and approval is obtained from the Department. 10. PERMIT AT WORKSITE: Permittee must keep the permit package or a copy thereof at the work site at all times, and must show it upon request to any Department representative or law enforcement officer. If the permit package, or a copy thereof, is not kept and made available at the work site at all times, the work must be suspended. Al. CONFLICTLNG ENCROACHMENTS: Purmiiiee must yield start rf worl: to nngfiing prior atithcTiza oXk adiiv;rim: -,r }srirlln thL : iimits of mc Permittee must bear all cost for rearrangements (e.g., relocation, alteration, removal, etc.). 12. PERMITS FROM OTHER AGENCIES: This encroachment permit is invalidated if the Permittee has not obtained all permits necessary and required by law, including but not limited to permits from the California Public Utilities Commission (CPUC), California Occupational Safety and Health Administration (Cal -OSHA), or any other public agency having jurisdiction. Permittee warrants all such permits have been obtained before beginning work under this encroachment permit. 13. PEDESTRIAN AND BICYCLIST SAFETY: A safe minimum continuous passageway of four (4) feet must be maintained through the work area at existing pedestrian or bicycle facilities. At no time must pedestrians be diverted onto a portion of the street used for vehicular traffic. At locations where safe alternate passageways cannot be provided, appropriate signs and barricades must be installed at the limits t4. ,5. .6. 18. 19. 20. "'� C75ftitlYi arst3 in atlVii7iaCbf il'ie�iTpiiTSof �ri�'uhrtftn�lt_. " . �H1;�n�'tl'r�-17iic�Fars; o�iC�[�. diii�"empToy�eg= _-".. the nearest crosswalk or intersection to detour pedestrians to of the State and/or the Department. tarilrfiee grmCc the etreO 4ttPrtlnr! .c iiirorro{i te, gaT!inr, T 1:04; public--s4f"e"ly, of "'the" Departmerit`s"Standard 21, ACTUAL -"COST -BILLING: "When -specified in the permit, Specifications. the Department will bill the Permittee actual costs at the currently set Standard Hourly Rate for encroachment nermits. PUBLIC TRAFFIC CONTROL: As required by law, the Permittee must provide traffic control protection, warning signs, lights, safety devices, etc., and take all other measures necessary for the traveling public's safety. While providing traffic control, the needs of all road users, including but not limited to motorists, bicyclists and pedestrians, including persons with disabilities in accordance with the Americans with Disabilities Act, must be an essential part of the work activity. Lane and/or shoulder closures must comply with the Department's Standard Specifications and Standard Plans for traffic control systems, and with the applicable Special Provisions. Where issues are not addressed in the Standard Specifications, Standard Plans, and/or Special Provisions, the California Manual on Uniform Traffic Control Devices (Part 6, Temporary Traffic Control) must be followed. MINIMUM INTERFERENCE WITH TRAFFIC: Permittee must plan and conduct work so as to create the least possible inconvenience to the traveling public, such that traffic is not unreasonably delayed. STORAGE OF EQUIPMENT AND MATERIALS: The storage of equipment or materials is not allowed within State highway right-of-way, unless specified within the Special Provisions of this encroachment permit. If encroachment permit Special Provisions allow for the storage of equipment or materials within the State highway right-of-way, the equipment and material storage must also comply with Section 7-1.04, Public Safety, of the Department's Standard SpCcificatiors. CARE RE , SlRA.l.Y`!_'S-.sl:.: �`':rSTr'_! i':� µ1:5t r^..r.��':C1� a:remate ar.i ?.b ;ter ^. ..: rl: a;-, iSu:.b dla- .. 5. facility in compliance with the Department's Standard Specifications, Standard Plans, and/or as directed by the Department's representative. RESTORATION AND REPAIRS IN STATE HIGHWAY RIGHT-OF-WAY: Permittee is responsible for restoration and repair of State highway right-of-way resulting from permitted work (Streets and Highways Code, section 670 et seq.). STATE HIGHWAY RIGHT-OF-WAY CLEAN UP: Upon completion of work, Permittee must remove and dispose of all scraps, refuse, brush, timber, materials, eta off the State highway right-of-way. The aesthetics of the highway must be as it was before work started or better. COST OF WORK: Unless stated otherwise in the encroachment permit or a separate written agreement with the Department, the Permittee must bear all costs incurred for work within the State highway right-of-way and waives all claims for indemnification or contribution from the State, the ® 2018 California Department of Transportation. All Rigbts Reserved. 22. AS -BUILT PLANS: When required, Permittee must submit one (1) set of folded as -built plans within thirty (30) calendar days after completion and acceptance of work in compliance with requirements listed as follows: a) Upon completion of the work provided herein, the Permittee must submit a paper set of As -Built plans to the Department's representative. b) All changes in the work will be shown on the plans, as issued with the permit, including changes approved by Encroachment Permit Rider. c) The plans are to be prominently stamped or otherwise noted "AS -BUILT" by the Permittee's representative who was responsible for overseeing the work. Any original plan that was approved with a Department stamp, or by signature of the Department's representative, must be used for producing the As -Built plans. d) If construction plans include signing or striping, the dates of signing or striping removal, relocation, or installation must be shown on the As -Built plans when required as a condition of the encroachment permit. When the construction plans show signing and striping for staged construction on separate sheets, the sheet for each stage must show the removal, relocation, and installation dates of the appropriate staged striping and signing. e) As -Built plans must contain the Encroachment Permit Number, County, Route, and Post Mile on each sheet. f) The As -Built plans must not include a disclaimer statement of any kind that differs from the obligations and protections provided by sections 6735 through 6735.6 of. the California Business and Professions Code. such St�tPnit`1]tS 00fi=ttiitr burr-colnFlixnr:N %vii:h. EncrnachTnent Yerr—It nrquZernen'!i, aund naay r=alt in tht? DcpartTur rli '%, laVtiu aa,a,; D' ui :i yr aitkvbii� until 1lrVpCr l,Idirs are submitted. Failure to comply may also result in denial of future encroachment permits or a provision requiring a public agency to supply additional bonding. M. PERMITS FOR RECORD PURPOSES ONLY: When work in the State highway right-of-way is within an area under a Joint Use Agreement (JUA) or a Consent to Common Use Agreement (CCUA), a fee exempt encroachment permit is issued to the Permittee for the purpose of providing a notice and record of work. The Perntittee's prior rights must be preserved without the intention of creating new or different rights or obligations. "Notice and Record Purposes Only" must be stamped across the face of the encroachment permit. 24. BONDING: The Permittee must file bond(s), in advance, in the amounts) set by the Department and using forms acceptable to the Department. The bonds must name the Department as obligee. Failure to maintain bond(s) in full force and effect will result in the Department stopping all work under this encroachment permit and possibly revoking other encroachment permit(s). Bonds are not required of public 5. 6. -c[SrfiaTaZCti]YS-nr priVa#C�+-�rmed ulil"i�e5urFleSs-I�C;trtm7tt- failed to comply with the provisions and/or conditions of a rn,i - Pt)crn-0imPnf n.Prm. it. The r-nrnnan.� ;e reSponfz+L- F for any'latent defects as provided -in California Code of'Civil Procedure section 337.15. A local public agency Permittee also must comply with the following requirements: a) In recognition that project construction work done on State property will not be directly funded and paid by State, for the purpose of protecting stop notice claimants and the interests of State relative to successful project completion, the local public agency Permittee agrees to require the construction contractor to famish both a payment and performance bond in the local public agency's name with both bonds complying with the requirements set forth in Section 3-1.05 Contract Bonds of the Department's Standard Specifications before performing any project construction work. b) The local public agency Permittee must defend, indemnify, and hold harmless the State and the Department, and the Directors, officers, and employees of the State and/or Department, from all project construction related claims by contractors, subcontractors, and suppliers, and from all stop notice and/or mechanic's lien claimants. The local public agency also agrees to remedy, in a timely manner and to the Department's satisfaction, any latent defects occurring as a result of the project construction work. FUTURE MOVING OF INSTALLATIONS: Permittee understands and agrees to relocate a permitted installation upon notice by the Department. Unless under prior property right or agreement, the Permittee must comply with said notice at the Permittee's sole expense. ENVIRONMENTAL: a) ARCIILkEOLOGICAI,,`tHST ORICAL. if A"y archaeological or historical resourcc,, arc i(icntsfie.3 tier enrrs:(SlIK!t: r� itS :.^-C t4: r�'.'i`. vi{-iIIily, f;iyyY L^{,+*�T�^.iaCC fl'.S25C �.:.�'a ."?*T1` �t�r �.`."."ra., r.4 j` .l.v :,� .�i„►°.K':'....:Fu representative, retain a qualified archaeologist who must evaluate the site at Permittee's expense, and make recommendations to the Department's representative regarding the continuance of work. b) HAZARDOUS MATERIALS: If any hazardous waste or materials (such as underground storage tanks, asbestos pipes, contaminated soil, etc.) are identified or encountered in the work vicinity, the Permittee must immediately stop work, notify the Department's representative, retain a qualified hazardous waste/material specialist who must evaluate the site at Permittee's expense, and make recommendations to the Department's representative regarding the continuance of work. Attention is directed to potential aerially deposited lead (ADL) presence in unpaved areas along highways. It is the Permittee's responsibility to take all appropriate measures to protect workers in conformance with California Code of Regulations Title 8, Section 1532.1, "Lead," and with Cal - OSHA Construction Safety Orders, and to ensure roadway 0 2018 Califomia Department of Transportation. All Rights Reserved. soil t>jltCrtt rs In c4rrtpl#1tfiCTr"4T parirnraf- - Toxic Substances Control (DTSC) requirements. 27. PREVAILING WAGES: Work performed by or under an encroachment permit may require Permittee's contractors and subcontractors to pay appropriate prevailing wages as set by the California Department of Industrial Relations. Inquiries or requests for interpretations relative to enforcement of prevailing wage requirements must be directed to the California Department of Industrial Relations. 28. LIABILITY, DEFENSE, AND INDEMNITY: The Permittee agrees to indemnify and save harmless the State, the Department, and the Directors, officers, employees, agents and/or contractors of the State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors, from any and all claims, demands, damages, costs, liability, suits, or actions of every name, kind, and description, including but not limited to those brought for or on account of property damage, invasion of privacy, violation or deprivation of a right under a state or federal law, environmental damage or penalty, or injury to or death of any person including but not limited to members of the public, the Permittee, persons employed by the Permittee, and/or persons acting on behalf of the Permittee, arising out of or in connection with: (a) the issuance and/or use of this encroachment permit; and/or (b) the encroachment, work, and/or activity conducted pursuant to this encroachment permit, or under color of authority of this encroachment permit but not in full compliance with the Pemnit Conditions as defined in General Provision Number 5 ("Unauthorized Work or Activity"); and/or (c) the installation, placement, design, existence, operation, and/or maintenance of the encroachment, work, and/or activity; and/or (d) the failure by the Permittee or anyone acting on behalf of the Permittee to perform the Permittee's obligations under any part of the Permit Conditions as defined in General Provision Number 5, in respeu.t io maintenance or any ocher obligation; and/or (e) any chaiigt to illt Dcparirncnt's properly ar adjace-nt property, mcluding but not hmmtod to the tcetarcn or conditions of citNc, vi wiziii, iauuv Ly thk, R vi iiiiitVV VA 41tyV11� Qtiiillr, UJU Lexu lr Vi the Permittee; and/or (f) a defect or obstruction related to or caused by the encroachment, work, and/or activity whether conducted in compliance with the Permit Conditions as defined in General Provision Number 5 or constituting Unauthorized Work or Activity, or from any cause whatsoever. The duty of the Permittee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. It is the intent of the parties that except as prohibited by law, the Permittee will defend, indemnify, and hold harmless as set forth in this General Provision Number 28 regardless of the existence or degree of fault or negligence, whether active or passive, primary or secondary, on the part of: the State; the Department; the Directors, officers, employees, agents and/or contractors of the State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors; the Permittee; persons employed by the Permittee; and/or persons acting on behalf of the Permittee. -"" The-Permiifee waives any anti" alt-dghfs -f67- 'fypd' bf•- a) - As' ' FaTf- " b -f" "fire i oust eraiiori "for 'being` issued -flus expressed or implied indemnity from or against the State, the encroachment permit, the Permittee, on behalf of Permittee ✓ClraluucuC, curd CLIC D11Cwu1s, vu. "Is, GllluluyCcs, agcrlts, anti on Denali or verminee's oersonat representattvec. auwuA W11tLU%;LV1J ut tttc Jtatc atruiul ul tnC A._.epartraum, successors in interest, and assigns, noes hereby covenant including but not limited to the Director of Transportation and and agree that: the Deputy Directors. The Permittee understands and agrees to comply with the obligations of Titles 11 and III of the Americans with Disabilities Act in the conduct of the encroachment, work, and/or activity whether conducted pursuant to this encroachment permit or constituting Unauthorized Work or Activity, and further agrees to defend, indemnify, and save harmless the State, the Department, and the Directors, officers, employees, agents, and/or contractors of the State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors, from any and all claims, demands, damages, costs, penalties, liability, suits, or actions of every name, kind, and description arising out of or by virtue of the Americans with Disabilities Act. The Permittee understands and agrees the Directors, officers, employees, agents, and/or contractors of the State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors, are not personally responsible for any liability arising from or by virtue of this encroachment permit. For the purpose of this General Provision Number 28 and all paragraphs herein, "contractors of the State and/or of the Department" includes contractors under contract to the State and/or the Department, and the subcontractors of such contractors. This General Provision Number 28 and all paragraphs herein take effect immediately upon issuance of this encroachment permit, and apply before, during, and after the encroachment, work, and/or activity contemplated under Ibis mr.marbmrnt peimit, whether such work is in cowpliurrcc ;vith the Pconit r <nrlstvnr. -�JcJpfl eci it l:vnrrfl lkoj,-':C^ ?1t-�t>;?>,a2 r �r constitutes Unauthorized Work or Activity, exceAt as otherwise provided by California law. The Permittee's obligations to defend, indemnify, and save harmless under this General Provision Number 28 take effect immediately upon issuance of this encroachment permit and have no expiration date, including but not limited to situations in which this encroachment permit expires or is revoked, the work or activity performed under this encroachment permit is accepted or not accepted by the Department, the encroachment, work, and/or activity is conducted in compliance with the Permit Conditions as defined in General Provision Number 5 or constitutes Unauthorized Work or Activity, and/or no work or activity is undertaken by the Permittee or by others on the Permittee's behalf. Z9. NO PRECEDENT ESTABLISHED: This encroachment permit is issued with the understanding that it does not establish a precedent. 34. FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC ACCOMMODATION: 0 2018 California Department of Transportation. All Rights Reserved. i. No person on the grounds of race, color, or national origin may be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. ii- In connection with the construction of any improvements on said lands and the furnishings of services thereon, no discrimination must be practiced in the selection and retention of fust -tier subcontractors in the selection of second-tier subcontractors. iii. Such discrimination must not be practiced against the public in their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation), and operation on, over, or under the space of the State highway right-of-way. iv. The Permittee must use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A. Office of the Secretary of Commerce, Part 8 (15 C.F.R. Part 8) and as said Regulations may be amended. b) in the event of breach of any of the above nondiscrimination covenants, the State and the Department have the right to terminate this encroachment permit and to re-enter and repossess said Iand and the facilities thereon, and hold the same as if said permit had never been made or issued. ?i 1 4LRmTE1'?A�+?�'E OF MGHWA.Y"s: By accepting Lhis CtiC;I"(7aelliYietit. ltetT't111'. t})r pt rmittcc 8,VCGS to properly Permitter to nrnvi,1,?,, irsitP.etinn anvi renRtr anv rlgtncoF At Permittee's expense, to State facilities resulting from the encroachment. 371. SPECIAL EVENTS: In accordance with subdivision (a) of Streets and Highways Code section 682.5, the Department is not responsible for the conduct or operation of the permitted activity, and the applicant agrees to defend, 'indemnify, and hold harmless the State, the Department, and the Directors, officers, employees, agents, and contractors of the State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors, from any and all claims, demands, damages, costs, liability, suits, or actions of every name, kind and description arising out of any activity for which this encroachment permit is issued. The Permittee understands and agrees to comply with the obligations of Titles II and III of the Americans with Disabilities Act in the conduct of the event, and further agrees to defend, indemnify, and save harmless the State and the Department, and the Directors, officers, and employees of the State and/or Department, including but not limited to the a. 4. 5. 6. 7. F8. - 3irectnroftlie Department and the DeputyDirtictors; fronyany-• .. and all claims, demands, damages, costs, liability, suits, or atluuits v, cvoty uauie, xinu duo aescription arising our Or or uy vu wo ui wo runeru;ans wttn visami ries Act, PRIVATE USE OF STATE HIGHWAY RIGHT-OF- WAY: State highway right-of-way must not be used for private purposes without compensation to the State. The gifting of public property use and therefore public funds is prohibited under the California Constitution, Article 16. FIELD WORK REIMBURSEMENT: Permittee must reimburse the Department for field work performed on Peimittee's behalf to correct or remedy hazards or damaged facilities, or to clear refuse, debris, etc. not attended to by the Permittee. NOTIFICATION OF CLOSURES TO DEPARTMENT AND TRAFFIC MANAGEMENT CENTER (TMC): The Permittee must notify the Department's representative and the Traffic Management Center (TMC) at least seven (7) days before initiating a lane closure or conducting an activity that may cause a traffic impact. A confirmation notification should occur three (3) days before closure or other potential traffic impact. In emergency situations when the corrective work or the emergency itself may affect traffic, TMC and the Department's representative must be notified as soon as possible. SUSPENSION OF TRAFFIC CONTROL OPERATION: The Permittee, upon notification by the Department's representative, must immediately suspend all lane closure operations and any operation that impedes the flow of traffic. All costs associated with this suspension must be bome by the Permittee. UNDERGROUND SERVICE ALERT (USA) NOTIFICATION: Ary exca-varon rcquires complianec with the provisions of G avemment rode secEivii ^216 et. sea.. ii.-Zlu dug bta iiit iaiiii'u,ii iii iitrl.it.c iii .s lt. tcu,ni li�ri�it(ai«xi �P.tttP.r s}tS'•h Nc Un•fPrgrnjmli 4PrtrinP �.Ir.t lTTC;Q\ Th.+ Permittee must provide notification to the regional notification center at least fortyeight (48) hours before performing any excavation work within the State highway right-of-way. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA): All work within the State highway right-of-way to construct and/or maintain any public facility must be designed, maintained, and constructed strictly in accordance with all applicable Federal Access laws and regulations (including but not limited to Section 504 of the Rehabilitation Act of 1973, codified at 29 U.S.C. § 794), California Access laws and regulations relating to ADA, along with its implementing regulations, Title 28 of the Code of Federal Regulations Parts 35 and 36 (28 C.F.R., Ch. 1, Part 35, § 35.101 et seq., and Part 36, § 3 6. 101 et seq.), Title 36 of the Code of Federal Regulations Part 1191 (36 C.F.R., Ch. M, Part 1191, § 1119.1 et seq.), Title 49 of the Code of Federal Regulations Part 37 (49 C.F.R., Ch. A, Part 37, § 37.1 et seq.), the United States Department of Justice Title II and Title III for the ADA, and California Government Code section 4450 et 9 2018 California Department ofTransportation. All Rights Reserved. seq.; which -require public'-facilit es be" iiade' acces? ibte to —" persons with disabilities. Notwithstanding the requirements of the previous paragraph, all construction, design, and maintenance of public facilities must also comply with the Department's Design Information Bulletin 82, "Pedestrian Accessibility Guidelines for highway Projects." 39. STORMWATER: The Permittee is responsible for full compliance with the following: For all projects, the Department's Storm Water Program and the Department's National Pollutant Discharge Elimination System (NPDES) Permit requirements under Order No. 2012-0011-DWQ, NPDES No CAS000003; and In addition, for projects disturbing one acre or more of soil, with the California Construction General Permit Order No. 2009-0009-DWQ, NPDES No CAS000002; and In addition, for projects disturbing one acre or more of soil in the Lahontan Region with Order No. R6T- 2016-0010, NPDES No CAG616002. For all projects, it is the Permittee's responsibility to install, inspect, repair, and maintain all facilities and devices used for water -pollution control practices (Best Management PracticesBMPs) before performing daily work activities. .!, . J . CaAkuw DISTRICT 12 LANE/SHOULDER CLOSURE REQUEST FORM THIS FORM MUST BE SUBMITTED BY NOON ON MONDAY PRIOR TO THE WEEK OF THE PLANNED RESTRICTION COMPLETE FORM AND EMAIL TO THE EMAIL ADDRESS INDICATED AT THE BOTTOM OF THE PAGE t � a Today's Date: Time: — Contractor: Requestor: _ _ — Field Contact: Office Phone #: — Cell #: Permit #: _ Email Address: Caltrans Inspector: _ _ Emergency Phone Number: 1747 -j 113 0 rel, Week of: Day(s): ❑ Saturday ❑ Sunday ❑ Monday ❑ Tuesday ❑ Wednesday ❑ Thursday ❑ Friday Existing Number of Lanes in the Direction of Travel: ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 ❑ 6 Direction: ❑ NB ❑ SB ❑ EB ❑ WB Lane #: ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 ❑ 6 (Lane #1 is the lane adjacent to the roadway centerline) ❑ Bike Lane ❑ Shoulder ❑ Median ❑ Auxiliary Lane COUNTY _ ROUTE _ PM DESCRIPTIVE LQC�gT101CLOSUit= TTIME FROM ❑ LA TO ❑ ORANGE 3 v � -f 1_ is Ire C`!rc -- . ; , -'i : •i Ibdti.,1 i c�; ct;: ; k;,e t�-;IloFvt� �q ii'tUi duuivl: U Full Ramp Ci05urr I l FL 111 44rap+ C`jngi errs r7 ')A-C.I., .rrr n— . ... . - ^f .• �� V\r4VU1 i'kYQllQ4/I ❑ Closure conforms to the 2014 California Manual of Uniform Traffic Control Devices (CA MUTCD) 2014, latest edition, copies of which are available at !;. . nw,fo,r r Estimated Delay: Minutes Type of Work Proposed: Permitkee shall call the Traffic Managornent Center (TMC at 949-9W-3600 and relay the Closure 10 No(s), Log No(s), and status code provided by the State Inspector when work begins (first cone down, stators code 10-97), and again when work is finished for the day (last cone removed, statins code 10-98. If the work Is cancelled onany scheduled day, Permif#ee shall call TMC at 94"36-3600 and relay; "(Closure ID No,, Log No.) Is 10-22" (cancelled) no later than the scheduled 1047 time. Any delay in picking up your Closure must be reported Immediately to TMC at 949 -MS -3000 and State Permit Inspector. Permittee shall text 10-97,10-98, or 10-22 status to the State permit inspector named on the permit (Inspector's cell phone number will be provided during the pre job meeting). FAILURE TO FOLLOW THESE INSTRUCTIONS WILL RESULT IN SUSPENSION OF PERMIT. PERMITTEE SHALL SUBMIT THE SIGNED ORIGINAL COPY AT THE PRE -JOB MEETING AND EMAIL A COPY OF THE FORM TO LEAH.FORMANES@DOT.CA.GOV. Name: _ _ _ Signature:_ _ Date: —Al Ic-0 DQ02 C7a\ rN—L —\ r1 c,...,,, A,,,.,, Q) E Q) Q a 2 a� .a zi c w m O co m N a a� o c xa o p O W n_ LL m K w a i0 w 002 0 'R 0 ° jLL N� ULLW (D Lw� LUN z c? Y °� o o I LL LU oUw Q z a s I a F c9 09 73 q ;Z� I -------------------- I 4 ----- ------__-t., --------- N i Q a 0 z �0 U Opo (¢j 0 W LL W ° oD N_ Q ~ Q � z w K a LL 0 Lu (7 z O 0 0. 0 z w � �¢ z '? ap o S I U 0UQ ° LL U,W w O �Za d z m d z O Q 0 ZQO K F O NN 0 w � J CL z MU 0 Vo 6 U � o lu Qw� U� F- ~4 z� O z F- 2 2 K w M E Q) Q a CC O N lig In a N N0 c o ` a N ¢ O o U w g w w 0 - LL LL O w w 9 c� to w w w W a 0 w c� CO BA Env m .6 U 6 � U m p N � m Q o @ ^rq Nmin NYU Z m � N az O a O F Z { a d m Z d b" I o s r7 � N 888W G a w W I Z g a� z0 Ov i a g I 1L LL I v O W I I LL W� O U N g I a pQ u) Z I w d m m m 6 � U m y Q Nmin �oppQ1 E 1- y O `o i 0 C v Z N 2 " m CC m G �.4 O N 3�� a LL E 'N o Iw c m w sm cro I- C p `a w Q (n w w 'w Q 2 Q O gj m m O O I _ U) �S N � m m o 10 a =off E�In N g 2 " m 1 Z O O tl N yj m ro ii C m E m �{ c m a C H LL C C 'C LL m B O (p w w w gj m m O O Q _ U) �S ❑ +' Q Z Q N Q IL O l Q f DISTRICT 12 LANE/SHOULDER CLOSURE THIS FORM MUST BE SUBMITTED BY NOON ON MONDAY PRIOR O THE WEEK OF HE PLANNED RESTRICTION COMPLETE FORM AND EMAIL TO THE EMAIL ADDRESS INDICATED AT THE BOTTOM OF THE PAGE Today's Date: _ Time: Requestor: Office Phone #: Permit #: Contractor: — - Field Contact: Cell #: Email Address: Caltrans Inspector:. Emergency Phone Number: Week of. Day(s): ❑ Saturday ❑ Sunday ❑ Monday ❑ Tuesday ❑ Wednesday ❑ Thursday ❑ Friday Existing Number of Lanes in the Direction of Travel: ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 ❑ 6 Direction: ❑ NB ❑ SB ❑ EB ❑ WB Lane #: ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 ❑ 6 (Lane #1 is the lane adjacent to the roadway centerline) _ ❑ Bike Lane ❑ Shoulder ❑ Median ❑ Auxiliary Lane _ CORJI�ITY R0 Li FE _ P DESCRIPTIVE LOCATIO�IlCL05kJRE f TIME FROM ❑ LA —_� y _ TO ❑ ORANGE — _ — – Types of Closure, Closure Characteristics (Check all of the following that apply): ❑ Full Ramp Closure ❑ Full Street Closure ❑ 24-Hour/7-Day-Closure ❑ Detour Available ❑ Closure conforms to the 2014 California Manual of Uniform Traffic Cartrol Devious (CA MUTCU) 2014, latest edition, copies of which are available at i1k11r e,wvwj ,1{�I , ,. -;r,vJ r.11,Ig fi�1S1�,[rrIPk01I {li Estimated Delay: Minutes Type of Work Proposed: Permittee slialI call the Traffic IMAa"ement Center (TM(;) at 949-93'5-3600 and relay the C10sure 11] No(s), Log NO(s), and status code Provided by the State inspector when work begins (first cone down, status code 10-97), and again when work is finished for the day (last cane removed, status code 10-98. If tl)e work is cance!#etf on any scheduled day, Perm itteo shall call TMC at 949-936-36on and relay; "(Closure ID No_, L.og No,) is 10-22", (cancelled) no later than the scheduled 11 -97 til e. Any delay in picking up Your closkare must be reported immediately to TMC at 919-936-3600 and State Permi€ Ins"ctor. Permittee shall t0xt 10-97, 10-95, or 10-22 status to the State pormit inspector nanneid on the Perm it (Inspector's cell Phone number will be provided during the Pre ab meeting). FAILURE TO FOLLOW THESE INSTRUCTIONS WILL RESULT IN SUSPENSION OF PERMIT_ PERMITTEE SHALL SUBMIT THE SIGNED ORIGINAL COPY AT THE PRE -JOB MEETING AND EMAIL A COPY OF THE FORM TO LEAH.FORMANES@DOT.CA.GOV. Name: (-AI Icarc\PZn:�G7r,,\flucLtnn\I Signature: Date: