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HomeMy WebLinkAboutC-7629-2 - Balboa Boulevard Median Improvements - ConstructionCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039FAx newportbeachca.gov October 11, 2023 Green Giant Landscape Inc. Attn: Donald L. Henderson 941-A Macy Street La Habra, CA 90631 Subject: Balboa Boulevard Median Improvements — C-7629-2 Dear Mr. Henderson: On October 11, 2022, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 13, 2022, Reference No. 2022000333194. The Surety for the contract is Philadelphia Indemnity Insurance Company and the bond number is PB11510401157. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure I�;/arill7 CITY OF NEWPORT BEACH BOND NO. PB 11510401157 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 29.775.00 , being at the rate of $ 20.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Green Giant Landscape Inc. hereinafter designated as the "Principal," a contract for: mobilization and demobilization; best management practices (BMP); traffic control implementation; staking and installation of new survey monument frames and covers to replace the existing; utility company coordination and utility verification; clearing and grubbing, removal of existing roadway improvements, concrete medians, curb and gutter, parking meter posts, top slab of catch basins, street light pull boxes, street light pole foundation and other improvements; constructing new concrete median curbs and gutters, median pavers, asphalt concrete pavement, street light pole foundation, and top slab of catch basins and local depressions; dewatering if necessary; slurry sealing; installing new street light pull boxes, underground conduits, signing and striping; relocating existing street light pole from old foundation to new foundation; adjusting street light pull boxes, manholes, and water meters to grade; Installing new irrigation system, landscaping, and, trees; landscaping maintenance period; as -built plan preparation; and other incidental items of work, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Philadelphia Indemnity Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Four Hundred Eighty Eight Thousand Seven Hundred Sixty Seven Dollars ($1,488,767.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, Green Giant Landscape Inc. Page B-1 as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed 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 15th da of_Decern r 2021 . Green Giant Landscape, Inc. Q..- 4111� - Name of Contractor (Principal) Authoriz ignature/Title Philadelphia Indemnity Insurance Company Name of Surety 800 E. Colorado Blvd., 6th Floor, Pasadena, CA 91101 Address of Surety (626)639-1328 Telephone Authorized Went Signature Matthew J. Coats, Attorney -in -Fart Print Name and Title Green Giant Landscape Inc. Page B-2 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 7� —Aar C. F-grV City Attorney 0a � ck�" NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Green Giant Landscape Inc. Page B-3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 064Yi'je" } On �i� � ! ` I before me, �d S I L' - Tb (P0l0 t*eVt�(�r/SC! Y( personally appeared 'Do-yta (d (-r�°✓S16 }'l� C8r 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 cial seal. '`"' kNila unih Hcal'),TST `•' Or, County Commission # 2271185 My Comm. Expires Dec 15, 2022 Notary Public 'gnatuf (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATI DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.cmri 800-873-9865 INSTRUCTIONS FOR COMPLETING TIES FORM ON Thisforne complies with mrn'ent Caltfmniastatutearega,'dingnotarywordhtgmnd, tfnecded, should be completed and attached to the document. Acknowledgments from other states Wray be completedfor documents being seat to that state so long as the wording does not require the Caltfonnia notary to violate Caltfornia nmmy law. • Slate and County information must be the Slate and County where the document signers) personalty appeared before the notary public for acknowledgment. • Date of notarization must be the date that: the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/thoy,- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal hnpmssion must be clear and photographically reproducible. Impression must not cover text or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On DEC 15 2021 before me, Summer L. Reyes, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. t '„T SUMMER L. REYES� Notary Public •California - Orange County z Commission k 2339686 '6 "� My Comm. Expires Dec 8, 2024 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 Signat 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 ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does ]hereby constitute and appoint Linda D. Coats, Matthew J. Coats, Summer Reyes and Ryan Butterfas of Coats Surety Insurance Services, Inc., its hire and lawful Atorney-in-fact with fall authority to execute on its behalfbonds, undertakings, recognizances and other contracts of indenmity and writings obligatory in die nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorncy(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, slurry time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5111 DAY OF MARCH, 2021, )a � e (Seal) 3c+h Ohm" Pre ndont Br. CRO Philadelphia Indemnity Insurance Company On this 5" day of March, 2021 before me came the individual who executed the preceding hishvment, to me personally known, and being by me duly sworn said that he is The therein described and authorized officer of The PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; That the said Corporate Seal and his signature were duly affixed. Notary Public: tlanmonwealthGtGennay"aNa-Nutsryr1 68al Vanessa Mckenzie, NolaryPutrl(c Montgomery county My commission implies November 3.202a Comnilssion number 18(3839A in,oar.pannaympoA"msauan Of Nmarw residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5n' day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimileseatof each Company this 15th day of December t i ? Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAX newportbeachca.gov December 20, 2022 Green Giant Landscape Inc. Attn: Donald L. Henderson 941-A Macy Street La Habra, CA 90631 Subject: Balboa Boulevard Median Improvements - C-7629-2 Dear Mr. Henderson: On October 11, 2022, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on October 13, 2022, Reference No. 2022000333194. The Surety for the bond is Philadelphia Indemnity Insurance Company and the bond number is PB11510401157. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure EXHIBIT A CITY OF NEWPORT BEACH BOND NO. PB 11510401157 Premium: Included with Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Green Giant Landscape Inc. hereinafter designated as the "Principal," a contract for: mobilization and demobilization; best management practices (BMP); traffic control implementation; staking and installation of new survey monument frames and covers to replace the existing; utility company coordination and utility verification; clearing and grubbing, removal of existing roadway improvements, concrete medians, curb and gutter, parking meter posts, top slab of catch basins, street light pull boxes, street light pole foundation and other improvements; constructing new concrete median curbs and gutters, median pavers, asphalt concrete pavement, street light pole foundation, and top slab of catch basins and local depressions; dewatering if necessary; slurry sealing; installing new street light pull boxes, underground conduits, signing and striping; relocating existing street light pole from old foundation to new foundation; adjusting street light pull boxes, manholes, and water meters to grade; installing new irrigation system, landscaping, and, trees; landscaping maintenance period; as -built plan preparation; and other incidental items of work, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Philadelphia Indemnity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million Four Hundred Eighty Eight Thousand Seven Hundred Sixty Seven Dollars ($1,488,767.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Green Giant Landscape Inc. Page A-1 Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. 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 15th day of December 12021 Green Giant Landscape, Inc. Name of Contractor (Principal) uthorized i ature/Title Philadelphia Indemnity Insurance Company Name of Surety 800 E. Colorado Blvd., 6th Floor, Pasadena, CA 91101 Address of Surety (626)639-1328 Telephone Authorized gent Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title Green Giant Landscape Inc. Page A-2 APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: l2 2u y By: onto rp4- ity Attor y ,a.abY NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Green Giant Landscape Inc. Page A-3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Ova f lm& } On before me, 2v5fe - Td ltodo 0ekideK6o-( ere insert name an We of the ocer personally appeared �D" a (OI �-- 44frtol-e✓Sr-�A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m do IClal Seal. ROSE TOLEDO-HENDERSON Notary Public - California *My Orange County Commission M 22711a5NotaryliC gn re Comm. Expires Dec 15, 2022 (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATI DESCRIPTION OF THE ATTACHED DOCUMENT (rdle or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version vuwvd.NcfaryClassr�s.rom 800-873-0365 INSTRUCTIONS FOR COMPLETING THIS FORM DN Thisform complies with current California statutes regarding notary wording and, ifneeded, should be completed and attached to the document. Acknowledgments from other states may be completed far documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • Slate and County information must be the Stara and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date thai the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public), • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plum] forms by crossing off incorrect forms (i,c. he/she/the)-,- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. fi Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On DEC 1 5 2021 before me, _ Summer L. Reyes, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SUMMER L. REYES County *02-it, Notary Public • California Orange CountyCommission a 2739686 My Comm. Expires Dec 8, 2024 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 Signatuig 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 ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plan, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats, Matthew J. Coats, Summer Reyes and Ryan Butterfas of Coats Surety Insurance Services, Inc., its true and lawful Attomcy-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is grained and is signed and scaled by facsimile under and by lire authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14" of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomcy(s) in Fact and authorize the Atromey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2)to remove, at any time, any such Attomcy-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS STH DAY OF MARCH, 2021. (Seal) UV\� Loh Ghmb >, Preside/K ■ ` President CHO Philadelphia Indemnity Insurance Company On this 5'h day of March, 2021 before me came the individual who executed the preceding instrument, to ore personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: NOUry Beat OomVanessa �,+!!-y[R-�✓-K', Y-Y1C'�-}�,=�r�r��(L Vanessa Mckenzie, Notary Public Mckenzie, Montgomery County My Mind slon..Dirs November0,2024 Cent.oson number 1366394 Mrlrear: PW,;5 roa-. a essocbaon Of NQo118a residing at: Bala Cymryd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Prover of Attorney issued pursuant thereto on the 5" day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on tine date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whercof I have subscribed my name and affixed the facsimile seal of each Company this t bth day of December , 20 21 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 10/13/22, 9:25 AM Batch 14826791 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'IIIIIIIIIIIIIII NO FEE $ R 0 0 1 4 0 0 6 8 2 4$ 2022000333194 9:23 am 10113/22 90 CR-SC06 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Green Giant landscape Inc., La Habra, California, as Contractor, entered into a Contract on November 30, 2021. Said Contract set forth certain improvements, as follows: Balboa Boulevard Median Improvements - C-7629-2 Work on said Contract was completed, and was found to be acceptable on October 11, 2022, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Philadelphia Indemnity Insurance Company. BY /4z 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. j �J Executed on I r�, 7/Ur% 2/Z at Newport Beach, California. L. BY 1 City Clerk hUps://gs.secure-recording.com/Batch/Confirmation/14826791 1/i RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Green Giant landscape Inc., La Habra, California, as Contractor, entered into a Contract on November 30, 2021. Said Contract set forth certain improvements, as follows: Balboa Boulevard Median Improvements - C-7629-2 Work on said Contract was completed, and was found to be acceptable on October 11, 2022, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Philadelphia Indemnity Insurance Company. BY "4 Public Works Director City of Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ��L���_, at Newport Beach, California. BY (A &- City Clerk C-76aq-v2- RELEASE OF STOP NOTICE TO: CITY OF NEWPORT BEACH 100 CIVIC CENTER DR NEWPORT BEACH 3022,!I"! .-a AN II. 30 CITY illCi ry G, G) k':r , 3CAC' You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 06/23/22 , in the amount of 9,344.06 against CITY OF NEWPORT BEACH as owner or public body and (2mcn `--mY-%as prime contractor in connection with the work of improvement known as BALBOA BLVD MEDIAN IMPROVMENTS in the City of NEWPORT BEACH County of ORANGE State of California. Date 07/06/22 Name of By VERIFICATION I, the undersigned, state: I am the Agent of the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 07/06/22 , at Corona, California. C-7(.002q 4 CITY OF NEWPORT BEACH STOP PAYMENT NOTICE RECEIVEDBY p (California Civil Code Section 8044) to 2—o?) NOTICE TO: CITY OF NEWPORT BEACH JU'j y 100 CIVIC CENTER DR NEWPORT BEACH OFFICE OF THE CITY ATTORNEY (If Private Job -file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner -CIVIL CODE SECTIONS 8500-8560) (If Public Job -file with office of controller, auditor or other public disbursing officer whose duty it is to make payments under provisions of the contract -CIVIL CODE SECTIONS 9350-9510) <.-v JH Direct Contractor: GREEN GIANT LANDSCAPE Sub Contractor (If Any): GREEN GIANT LANDSCAPE Owner or Public Body: CITY OF NEWPORT BEACH Improvement known as: BALBOA BLVD MEDIAN IMPROVMENTS County of State of California. E-OF IV OFFICE OF THE CITYATTORNEY Robertson's, Claimant, a Partnership, furnished certain labor service equipment, or materials used in the above described work of improve- ment. The name of the person or company to whom claimant furnished service, equipment, or materials is: GREEN GIANT LANDSCAPE The kind of materials furnished or agreed to be furnished by claimant was ready mix concrete, rock and/or sand materials. Total value of labor, service, materials to be furnished ..... $ 9,344.06 Total value of labor,service,materials actually furnished.,$ 9,344.06 Credit for materials returned, if any ......................$ 0.00 Amount paid on account, if any .............................$ 0.00 Amount due after deducting all just credits and offsets .... $ 9,344.06 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 9,344.06 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 8532) is/is not attached. (Bond required with Stop Payment Notice served on construction lenders on private jobs -bond not required on public jobs or on Stop Payment Notice served on owner on private job). Name and address of Claimant: ROBERTSON'S, P.O. Box 3600, Corona, Ca. 92878 (951)685-2200 Dated: 06/23/22 By 4lls 1 --- Authorized Agent VERIFICATION I, the undersigned, state: I am the agent of the claimant named in the foregoing Stop Payment Notice; I have read said claim of Stop Payment Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 06/23/22 at Corona, State of California. Signature of Claimant/Agent ,.1. _� E STOP PAYMENT NOTICE - PROOF OF SERVICE The undersigned declares as follows: I am over the age of 18, and employed by Robertson's, whose business address is 200 South Main Steet, Suite 200, Corona, California 92882. I am employed in the County of Riverside, where this mailing occurs, and not a party to this action. On the date shown below, in the City of Corona, I served the within Stop Payment Notice, sealed in an envelope and deposited in the mail in the manner prescribed by law, by first class registered or certified mail, postage fully prepaid, to the person(s) at the addresses shown thereon. Name Date r NAROERTSON2878-3600 'S 0, CA 9 7020 1810 0000 9339 2548 10-71 ;ul CITY OF NEWPORT BEACH OFFS Ge 0011Z loo CIVIC CENTER DR NEWPORT BEACH CA 92660 U POSTA -E S CALIFORNIA PRELIMINARY NOTICE *****PLEASE ISSUE JOINT CHECKS***** NOTICE IS HEREIN GIVEN tbal: ROBERTSON'S 200 S MAIN ST CORONA CA 92882 (951.)685-2200 I lms nr will Fit'nish labor, services, equ ipnle.H, or ma(erLlls, gen ern lip described as: READY MIX CONCRETE, ROCK & SAND R. be furnished of I m nished I'ar the hullding, structure nr Om wnrh of huprm entem descrihed its fullows: BALBOA 13LVD MEDIAN 1MPROV NEWPORT BEACH J.C.N. It 211109 Tract No. Lot No.MEDIAN INPROVEMENTS PROJECT Cert Num: 21.146122 Name of Pelson or Firm who con tractal fit, porehose of the lahor, servieca. equipment, mnuderinls is: GREEN GIANT LANDSCAPE 941-A MACY STREET LA HABRA CA 90631 An estimae of the total price of said labor, services, equipment or materials is: 61,454.52 NOTICE TO PROPERTY OWNER EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if the person or firm that has given you this notice Is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may he placed on your property. Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has given you this notice befee making payment to your contractor, or (2) any other method that is appropriate under the circumstances. This notice Is required by law to be served by the undersigned as a statemen' of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project. If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units. tM'N''ER OR REPUTED OWNER OR P Iai lC %CFNC y CITY OF NEWPORT REACH 100 CIVIC CENTER DR NEWPORT BEACH CA 9266C 1,ENDER OR REFUTED I UNDER DIIt F.CT Olt REPUTED ofRFC'T CoNTRAC'FoR GREEN GIANT LANDSCAPE MWONTRACTO[Lii,ilLi ivilitill1 lips contracted ALSO NOTIFIED TENANT OR noNDINC AGENT CNn Public Works JAN 2 8 2022 Received IMUM FUNDS TO WHICII SUPPLEMENTAL FRINGE: RF:N'E FITS ARE PAYABLE 1'roof of Service I his unl Hier lA if alll If Ih flti.-nl II II R hr!'m'hosl:in ss aJdw.is.IW South M1lnin Sueel Su le 21N1 (rr fCil for ia)NN�. lam mIh)dIn lh Coot flt'..I I i O3ft ,f r_. I fyIvlf tlfstul n.Onh<lot sh rhrlmr ',Ihe C'ilpofCoronl Isr.cd dm 11 "n GPI to wI' Iimion)Naficc. sealed and del , ted m Eh, maul , Ih. ma, cr p , had 1 y l... h li,u, fa I'gisW'ed nor lifted nail. pnsuge lull)' prepaid.lo the per.on(O m the addresses xhoef Ihrmon. " mate: 01 / 18 12022 Nam¢ CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 By 10:00 AM on the 3rd day of November , 2021, at which time such bids shall be opened and read for BALBOA BOULEVARD MEDIAN IMPROVEMENTS Contract No. 7629-2 $1,605,000 Engineer's Estimate Approved /James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: hftp://www.planetbids.com/portal/portal.cfm?Comt)anvlD=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project. "A" and "C-27" For further information, call Patricia Carpenter, Project Manager at (949) 644-3344 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca. gov/government/open-transparent/oniine-services/bids-rfps vendor -registration City of Newport Beach BALBOA BOULEVARD MEDIAN IMPROVEMENTS Contract No. 7629-2 TABLE OF CONTENTS NOTICEINVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND.............................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)....................................................................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT...................................................................................................................22 LABOR AND MATERIALS PAYMENT BOND ............................................ Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS................................................................. Exhibit C PROPOSAL............................................................................................................... PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 Cote of Newport Beach Contract No. 7629-2 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 in Sealed Envelope) 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 Planet8ids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. 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, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 5. 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, 3 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. 6. 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. 7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 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 reviewed. Contractor's License No. & Classification Autho iced SigKS ture/Title f 0600 Jq -.t 3 s &/;�-O b", > 0 J e vin, (�- , �,0 I DIR Registration Number & Expiration Date/ Date Bidder 61 City of Newport Beach BALBOA BOULEVARD MEDIAN IMPROVEMENTS Contract No. 76291 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten percent of the total amount of the bid Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA BOULEVARD MEDIAN IMPROVEMENTS, Contract No. 7629-2 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 27th day of October 2021. Green Giant Landscape, Inc. Name of Contractor (Principal) Aut a Si ure/Title Pw-31d4*..f" Philadelphia Indemnity Insurance Company Name of Surety 800 E, Colorado Blvd,, 6th Floor, Pasadena, CA 91101 Address of Surety (626)639-1328 Telephone Author Agent Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) R ACKNOWLEDGMENT A notary public or other officer completing:diAidu certificate verges only the identity of the il who signed the document to which this ceis attached, and not the truthfulness, accura validity of that document. State of California County of )ss. On , 2t? 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/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/herltheir 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 seat. Signature (seat) OPTIONAL INFORMATION Date of Document Thumbprint of Signer 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) ❑ Check here if Capacity(ies) claimed by Signer(s): no thumbprint Trustee or fingerprint Power of Attorney is available. CE0/CFQ/C00 President / Vice -President / Secretary / Treasurer Other. Other Information: 7 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 l ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of f ss. On , 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey 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) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ?f?'k'.,�'t5a-iC�::�?�y�.:Si/.'<C�#�"z:7S":t�X'a^�G::?Sfi`eC:'.C:.T..:,i^Sr'S'F.�?:s"�'�`sv:,.�z�sc �^�.::�.;;:F.�:�✓c"`�,r^S;stn.�-'`.'�'t.`.`:�'..`�"-�..s5>.��As,Y..:�' 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 ACT. 2 7 2021 before me, Summer L. Reyes, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SE" °i ti SUMMER L. REYES w= Notary Public - Californias W -- Orange County Commission N 2339686 My Comm. Expires Dec 8, 2024 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 Signa, re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: 'sis•T.,>?'..,u;''.:;.3c?sfC.•`...-?Y'oT.;z?;?=z'=h?'=k� WA. -`;,.i=?-ki'F=.ice-;z.;�:;:-i-"..�r�. ©2014 National Notary Association ^ www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats, Matthew J. Coats, and Summer Reyes of Coats Surety Insurance Services, Inc., its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indetimity and writings obligatory in the nature thereof issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 10 ofNovember, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. On this 5" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer ol'the PHILADELPHIA INDEMNITY INSURANCE COMPANY; drat tine seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. -COmm4mvAa0lsofG4nnayiv2nla-Naury3eef Vanessa I.tckenxie, Notary 1'ubllc montgomoryCouMy My commisslon-expires Novamber 3. 2024- Comm+.sxion number 1366394 Hamper. Perntytvn� a hteoeiotion of Nitiriet Notary Public: c -x residing at: Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5°' day March. 2021 are true and correct and are still in fill force and effect. I do further certify that John Glomb, who executed the Power of Attomey as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 27th day of October -2o 21 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY ma 1 la . • . . , 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 06,-f mI(j� On --91IL2-1 before me, 205 iL - Tb leu© Oe (Here insert name and rate o the o cer personally appeared ��Jl'' �� �� � -Yl who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h a 1 al sea . *my ROSIETOLh1aEDO-HENDERSON Notary Public - CaliforniaOrange County Commission N 2271185 Comm. Expires Dec 15, 2022 Notary P —ubl 1 d--8ig n 06 11* (Notary Public Seal) ADDITIONAL OPTIONAL IN FORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Tltijj, ns complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT lfneeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. m The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). a Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER . Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ❑ Individual (s) he/she/they;- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer - The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment Form. ❑ Partner(s) O Signature of the notary public must match the signature on file with the office of the county clerk. El Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2016 V-31-SIOn VMV.NotmryClasses.com 800 373-3865 Securely attach this document to the signed document with a staple. City of Newport Beach BALBOA BOULEVARD MEDIAN IMPROVEMENTS Contract No. 7629-2 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 Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. Orem i��An � tGlS� Bidder �hc.. Authorized ignatureTitle ft PS+Guv#"" E Cody of Ne9 A,�pa rt beach BAL BOA, BOULEVARD MEDIAN �I�v P OVE-MENTSS Contract No. 7629-2 TECHNICAL ABILITY AND EXPERIENCE PREFERENCES Contractor oust use lh s forr !i� PIeasa Ipftt or ype, Bidder's Name (�7re 7 r�114i&�- e L LL4 6 . 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 $150,000, provide the following information: No. I Project Name/Number Project Description /iew iJGt✓% G�}'I �f Chi U t'1 Approximate Construction Dates: From 519-0 -Q�C) To: 4/;k -o 0 - Agency Name (// 0 �✓t � Contact Person Telephone &�-&) 3%" -Sq t, IRR do0 Original Contract Amount $ Final Contract Amount $ �, I i, 000 — If final amount is different from original, please explain (change orders, extra work, etc.) um 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. 60 10 No. 2 Project Name/Number_ C&7 'j'YLI✓i Be,& 2es�orn Project Description / � /ny4- � rizu)y'e5( now of C-, Approximate Construction Dates: From '71 )-0.91-D To: P/,�-0.)..p Agency Name b-/iq /-pv-) TieAa-7 Contact Person - Ji tib E5 &(4i gGL. Telephone Original Contract Amount $ ___ � Final Contract Amount $ If finjal 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. Id D No. 3 Project Name/Number Ma n U itt fG, PGti44'✓1 !� (� Project Description PM6-ii� Approximate Construction Dates: From I To: -Q-0 Agency Name i�ib� oL it m h[ r/yl Contact Person Pa Telephone5a-72r' Original Contract Amount $k�•��� Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) V1(0, 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. W0 11 No. 4 Project Name/Number eVV1 7& PMC, Gt CRA4+1K)!A "0( AjkI t T-V4t Project Description P& lblaLy(/&i -5 Approximate Construction Dates: From 0 U 21 To: SS�2021 Agency Name ;I 01 Ciro J Contact Person lm4d FR j ib Telephone (y9 )4 5N - 5 q q ( g Final Contract Amount $ ��� Original Contract Amount $��.� OCC, 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 Lew'OyV4 /614A""c t9otJc'- Project Description aAyk, V" d ✓kA Approximate Construction Dates: From Plgo a -a To: Agency Name Ci "� I �� ni e-U)12WI- al l Contact Person A'[/ n &(GUkieoi vD Telephone (qq,) &tm-- mt I Original Contract Amount $ 345000 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) &A 4-A g& o via 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. /t•0 12 No. 6 /�° Project Name/Number LAG/? r 1 Project Description 1/644) VA"(7 1 iJ? 6i Approximate Construction Dates: From P/20/ II To: 'z %-'-0 AO Agency Name _ �%! 0, malipIV11 Contact Person Telephone 01(4 ) 7 U T Original Contract Amount $il .hoD''Final Contract Amount $ (9 3L,g00 If final amount is different from original, please explain (change orders, extra work, etc.) M Ix Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or onsite 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 Contra tor's current financial conditions. %off Bidder Authorized Signature/Title 13 City of Newport Beach M"XIII: _ Contract IVoo 7629-2 [VON -COLLUSION AFFIDAVIT State of California ) County of gtrAh)ss. ) being first duly sworn, deposes and says that he or she is of t�e21101the party making the Owtf („ovnlyt�j G !� ►1 G foregoing bid; that the bid is not made in the Interest of, or on behalf of, an undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California th th foregoing is tru�and orrect. b✓eZv, (%'4Kk (4u,r,{gcSicG4r..�" Bidder Authoriz Si urelTitle Subscribed and sworn to (or affirmed) before me on this �1 day of 1VVV0tkUV , 2021 by DLvtA (d L 4 vl &W-6 rrn satisfactory evidence to be the person(s) who appeared before meed to me on the basis of I certify under PENALTY OF PERJURY under the laws of the State of Califo a tha he regoing paragraph is true and correct. ROS IE TOLEDO•HENDERSON Not Pu IIC a Notary Public - C amornia o Orange county [SEAL] �,, a�,� Commission # 2271185 s My Comm, Expires Dec 15, 2022 M My Commission Expires: City of Newport Beach Contract No. 7629-2 DESIGNATION OF SURETIES Bidder's name o C%I Am � Lafl a bei eO toe'. 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): SA 5iilo�es - lata 4 �5a ts - Oqj - y'5-7- lo(o o 4930y1* G.� �avlot�i �2�, Cvaa L� /f'1 V',g� lnS. ,✓r/iyrs - M r 14e LUild' 66 G 94o—&3q- /3 W 1495eAbUs qlr 491 15 City of Newport Beach BALBOA BOULEVARD MEDIAN IMPROVEMENTS Contract No. 7629-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name C)(ew &IGyLk L4VvtdScw2 (yoi . Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. Mel Current Record Record Record Record Record Year of for for for for for Record 2020 2019 2018 2017 2016 Total 2021 No. of contracts Total dollar lb y% Amount of fy►�I�;vt1 I%3I;^ YhilliDyl NMm ilf�vvc yv►;Md" itlih Contracts (in Thousands of $) No. of fatalities .619-�- � No. of lost Workday Cases 169' 10— ' No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. Mel Legal Business Name of Bidder C7ylee?(lr'Aw(- LGvnd5dg41X, (NC Business Address: L11 I -A {MACii Si-• Lk R4,16✓A- C1'GZ)6931 Business Tel. No.: 0,& �-O R State Contractor License No. and Classification: 70t47 -�7 G� ��, A Title 2o(e5; 0{cv►.�" 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 o bidde Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 { > fi rrry F Y rEF I CERTIFIED COPY OF RESOLUTIONS OF BOARD OF DIRECTORS OF GREEN GIANT LANDSCAPE, INCORPORATED STATE LIG. A&C-27, # 670478 "RESOLVED, that Donald L. Henderson, as President of Green Giant Landscape Incorporated, is authorized to enter into and sign all contracts on behalf of this corporation." i, Rosie Toledo, the duly elected, qualified and acting Secretary of Green Giant Landscape Incorporated, an organized and existing California corporation, do hereby certify that the foregoing is a full, true and correct copy of the resolution duly adopted by the Board of Directors of said corporation at a meeting thereof at which meeting a quorum of said Board was at all time present and actin; and that said resolution has not been modified or rescinded and is at the date of this Certificate in full force and effect. IN WITNESS WHEREOF, the undersigned hs executed this Certificate and affixed the corpWte,4eal of sail corporation this day of/ud�c,�,l�� , 20a4 Rosie Toledo, Secretary 941-A Macy Street e La Habra; CA 90631-3400 a (562) 690-6206 • Fax (562) C90-5029 E -Mail: greengiantoffice@gglci,com 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 0V(?f } On before me, (Z651e - 'T'b lee,,Io %end(eosq k , ere msert name an title o e officer) personally appeared lD, Yr A (d �F't�t 0G 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. f E or ,f ROSIETOLEDO-HE MDERSON / a Notary Public - California WITNESS my ha a o "I seal. Orange County Commission B 2271165 My Comm. Expires Dec 15, 2022 Notary Public Signa u (Notary Public Seal) ®®lT'®��L. OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM ThisJonn complies with cm7-ent California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded should be completed and attached to the document. Aclalowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notmy law. (Title or description of attached document) o State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. m Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. ® The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). o Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER ® Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. nae/she/thy, is /lee) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer o The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. C1 Partner(s) e Signature of the notary public must match the signature on file with the office or the county clerk. ❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document, number of pages and date. ❑ 42 Indicate the capacity claimed by the signer. If die claimed capacity is a t ff indicate the title (i e CEO CFO Secretary ) corpora e o Icer, 2015 Vii sion V:L n;d.Noislr;+Cla5Se5.CUm 800-813-9865 Securely attach this document to the signed document with a staple. City of Newport Beach Contract No. 7629-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's name 00--ejA %I i.CvrtG(SC ((�a.L. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. I Date Received I Sian use IR Cate of Newport Beach Contract No. 7629-2 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: _rn(,eeij'I �IGbwI LGwt�SC�/�¢(�c Business Address: 9 L4 1' A M AGc l ��-, (� ��� M 1Q(�31 v — Telephone and Fax Number: 5 0 g - (D 10, (0 a D $ / 5-b � -1011 - 6�) a California State Contractor's License No. and Class: (I 10 L 7 A, C (REQUIRED AT TIME OF AWARD) Original Date Issued: I qj --� Expiration Date: /3/ ) A 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: Ib0hA W L. bnGIiwse9VI 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 151D 11 VzV M4Z CA k6V-A. CA- IobN Telephone s (.17 b -IJ 8 ia6l er TD(fk cs. Q nu, as ,t d1 Corporation organized under the laws of the State of (i 1 OV iM(eL-) 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: 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: �J I A - 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. al') Have you ever failed to complete a project? If so, explain. D 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/Tl�o j 20 Are any claims or actions unresolved or outstanding? Yes/ (0 d1 i If yes to any of the above, explain. (Attach additional sheets, if necessary) bl f A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. 7o yla (d L_- Ne h (,(' m&o ✓1 (Print name of Owner or President of Corporation/ any) Bidder Auth d 8kylliatureffitle P ye _Z)li n ' Title Date ,�, (1012 i�(edo-(�►w(lv�'�1 On �' ( before me, , Notary Public, personally appeared ✓601,1I , 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/theirsignature(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 h nd o ' i al. otary ublic in alld,f r said State My Commission Expires: ( ' i 5" a-")-— 21 yf ROSIE TOLEDO-HENDERSON J, Notary Public California :o (SEAL) Orange County Commission q 2171165 My Comm. Expires Dec 15, 2022 ;=q CONTRACTOPs LICENSE BOARD ICENSE CORP - . aREEN(3!ANTLANDSCAPE /NC — �o27c/n 05.131/2022 GREEN Gr!ANT s_Ai" DSCAPPE, CA la?��..-LA HA BRA, CA Summary Attentive and Seasoned Public Works Contractor with a solid track record for State, Federal and School District Projects for 27 years. As the President of Green Giant Inc. adheres and ensures to industry quality standards within established contracts and budgets. Highlights - Versed in on-site construction leadership - Profound knowledge of construction regulations, ordinances, and techniques - Dedicated to adhering to safety guidelines while completing jobs - Excellent ability to manage time and prioritize tasks - Innate ability to lead diverse subcontractors - Sound understanding of materials and equipment procedures - Vast knowledge of public works contracts documentation - Cost control - Great communication skills Experience Green Giant 5.23?t"srape C6. n5'iru,� _Ron_ 1c. Founder and president 1993 to Current - Supervise and manages construction sites - Oversee resolution of all issues during project construction - Carefully coordinate plans and specs to keep projects running smoothly - Diligent on processing of RFI's, submittals, and samples to the project's owners - Educate subcontractors on quality standards throughout the construction process - Submits all projects closeout documents in accordance with the contract - Performs construction site pre -inspections and coordinates weekly meetings nCI1,11 'De partment of Industrial Relations STATE OF CALIFORNIA y APPLICATION FOR PUBLIC WORKS CONTRACTOR REGISTRATION Registration Information Type: Public Works Period: 07/01/202106/30/2022 Contractor Information Contractor Name: GREEN GIANT LANDSCAPE, INC. Trade Name: License Type Number: 1000014238 Contractor Physical Address Physical Business Country: United States of America Physical Business Address: 941-A MACY STREET Contractor flailing Address Mailing Country: United States of America Mailing Address: 941-A MACY STREET Contact Info Daytime Phone: Mobile Phone: Physical Business City/ LA HABRA Province: Physical Business State: CA Physical Business Postal 90631 Code: Mailing City /Province: LA HABRA Mailing State: CA Mailing Postal Code: 90631 Daytime Phone Ext.: Business Email: greengiantoffice@aol.com Applicant's Email: greengiantoffice@aol.com Registration Services:: Page 1 of 2 6117/202112:05:26 PM City of Newport Beach BALBOA BOULEVARD MEDIAN IMPROVEMENTS Contract No. 7629-2 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 BALBOA BOULEVARD MEDIAN IMPROVEMENTS CONTRACT NO. 7629-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 30th day of November, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GREEN GIANT LANDSCAPE INC., a California corporation ("Contractor"), whose address is 941-A Macy Street, La Habra, CA 90631, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: mobilization and demobilization; best management practices (BMP); traffic control implementation; staking and installation of new survey monument frames and covers to replace the existing; utility company coordination and utility verification; clearing and grubbing, removal of existing roadway improvements, concrete medians, curb and gutter, parking meter posts, top slab of catch basins, street light pull boxes, street light pole foundation and other improvements; constructing new concrete median curbs and gutters, median pavers, asphalt concrete pavement, street light pole foundation, and top slab of catch basins and local depressions, dewatering if necessary; slurry sealing; installing new street light pull boxes, underground conduits, signing and striping; relocating existing street light pole from old foundation to new foundation; adjusting street light pull boxes, manholes, and water meters to grade; installing new irrigation system, landscaping, and, trees, landscaping maintenance period; as -built plan preparation; and other incidental items of work (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. ollows: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. 7629-2, 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 One Million Four Hundred Eighty Eight Thousand Seven Hundred Sixty Seven Dollars ($1,488,767.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Donald L. Henderson to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to Green Giant Landscape Inc. Page 2 act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for 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: Green Giant Landscape Inc. Page 3 Attention: Donald L. Henderson Green Giant Landscape Inc. 941-A Macy Street La Habra, CA 90631 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. Green Giant Landscape Inc. Page 4 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this 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 Green Giant Landscape Inc. Page 5 City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Green Giant Landscape Inc. Page 6 Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 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 Green Giant Landscape Inc. Page 7 cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. Green Giant Landscape Inc. Page 8 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 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. 0�lffil VA :I V A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Green Giant Landscape Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 12. 9.2.1 By: fj_ ron C. Harp Uy Attorney ATTEST: Date: 12-23.202/ By: , j• Leilani I. Brown City Clerk Attachments CITY OF NEWPORT BEACH, a California muni 'pal corporation Date: B Kevin Muldoon Mayor CONTRACTOR: GREEN GIANT LANDSCAPE INC., a California corporation Date: By: Signed in Counterpart Donald L. Henderson President [END OF SIGNATURES] Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Green Giant Landscape Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 12. 9. z l )A 6�_ By: '�"' ron C. Harp va� y Attorney \ate'" ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Brad Avery Mayor CONTRACTOR: GREEN GIANT LANDSCAPE INC., a California corporation ad L. He son President [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Green Giant Landscape Inc. Page 10 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. PB 115104 01157 Premium: Included with Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Green Giant Landscape Inc. hereinafter designated as the "Principal," a contract for: mobilization and demobilization; best management practices (BMP); traffic control implementation; staking and installation of new survey monument frames and covers to replace the existing; utility company coordination and utility verification; clearing and grubbing, removal of existing roadway improvements, concrete medians, curb and gutter, parking meter posts, top slab of catch basins, street light pull boxes, street light pole foundation and other improvements; constructing new concrete median curbs and gutters, median pavers, asphalt concrete pavement, street light pole foundation, and top slab of catch basins and local depressions; dewatering if necessary; slurry sealing; installing new street light pull boxes, underground conduits, signing and striping; relocating existing street light pole from old foundation to new foundation; adjusting street light pull boxes, manholes, and water meters to grade; installing new irrigation system, landscaping, and, trees; landscaping maintenance period; as -built plan preparation; and other incidental items of work, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, Philadelphia Indemnity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of One Million Four Hundred Eighty Eight Thousand Seven Hundred Sixty Seven Dollars ($1,488,767.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Green Giant Landscape Inc. Page A-1 Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. 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 15th day of December , 2021 Green Giant Landscape, Inc. 2 Name of Contractor (Principal) uthorized i ature/Title Philadelphia Indemnity Insurance Company Name of Surety 800 E. Colorado Blvd., 6th Floor, Pasadena, CA 91101 Address of Surety (626)639-1328 Telephone 2�eoe6l-cle�� — Authorized gent Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title Green Giant Landscape Inc. Page A-2 APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: �Z By: on C. rp ity Attor y Baa° NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Green Giant Landscape Inc. Page A-3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 0VGf wj& } On before me, 20 5 (e - l ed o {-fit odew6o-A (Here insert name and title of the officer) personally appeared (d (Here who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m RSO o ICIal seal. ROS IETOLEDO•HENDEN Notary Public - California Orange County Commission N 2271185 My Comm. Expires Dec 15, 2022 Notary tic gn ure (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of allached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version. vvwva.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This fortn complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments f-onr other states mqv be completed_ for documents being sent to that state so long as the wording does not require the California notary to violate California notary lativ. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/[trey;- is here ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On SEC 1 5 2021 before me, _ Summer L. Reyes, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph *my SUMMER L. REYES is true and correct. Notary public • California orange County F WITNESS my hand and official seal. Commission # 2339686 Comm. Expires Dec 8, 2024 r i Signature Signatu 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 ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats, Matthew J. Coats, Summer Reyes and Ryan Butterfas of Coats Surety Insurance Services, Inc., its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14°i ofNoveniber, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (Seal) i Rill C3lonrb_ President .a Cl X) Philadelphia Indemnity Insurance Company On this 5" day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that lie is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5°i day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glonib, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of tach Company this 15th day of December 20 21 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Notary Public: i Commonwealth of Pennsylvania - Notary Seat w� .y2c'✓-: ;: ."..�_ .,__ ,,., c_sZ.. Vanessa Mckenzie, Notary Public Montgomery County My commission expires November 3, 2024 C o_m m fission number 1366394 Membec. Pernsy�ea° :+Association of Notaries residing at: Bila Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5°i day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glonib, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of tach Company this 15th day of December 20 21 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY EXHIBIT B CITY OF NEWPORT BEACH BOND NO. P8 115104 01157 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 29,775.00 , being at the rate of $ 20.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Green Giant Landscape Inc. hereinafter designated as the "Principal," a contract for: mobilization and demobilization; best management practices (BMP); traffic control implementation; staking and installation of new survey monument frames and covers to replace the existing; utility company coordination and utility verification; clearing and grubbing, removal of existing roadway improvements, concrete medians, curb and gutter, parking meter posts, top slab of catch basins, street light pull boxes, street light pole foundation and other improvements; constructing new concrete median curbs and gutters, median pavers, asphalt concrete pavement, street light pole foundation, and top slab of catch basins and local depressions; dewatering if necessary; slurry sealing; installing new street light pull boxes, underground conduits, signing and striping; relocating existing street light pole from old foundation to new foundation; adjusting street light pull boxes, manholes, and water meters to grade; installing new irrigation system, landscaping, and, trees; landscaping maintenance period; as -built plan preparation; and other incidental items of work, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and Philadelphia Indemnity Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Million Four Hundred Eighty Eight Thousand Seven Hundred Sixty Seven Dollars ($1,488,767.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, Green Giant Landscape Inc. Page B-1 as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed 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 15th day_of.-Decernber ,2021 Green Giant Landscape, Inc. Name of Contractor (Principal) Authorizignaturef itle Philadelphia Indemnity Insurance Company Name of Surety 800 E. Colorado Blvd., 6th Floor, Pasadena, CA 91101 Address of Surety (626)639-1328 Telephone Authorized Went Signature Matthew J. Coats, Attorney -in -Fact Print Name and Title Green Giant Landscape Inc. Page B-2 APPROVED AS TO FORM: CITY ATTORNEY'A OFFICE Date: By: _Aar n C. p a� City Attorney Baa° Y NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Green Giant Landscape Inc. Page B-3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 06,-( YIGI� On before me, ZDS ICS - ,Tb le, -do �rmdP+/50-i( ere insert name an title o the officer personally appeared ( �- 4�'rI oi-,v5 vv-� 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 cial seal. Notary Public 'gnatur (Notary Public Seal) ^.;,.., ROSIE TOLEDO-HENDERSON Notary Public . California z Orange County Commission N 2271185 Y C�lil llAN��n My Comm. Expires Dec 15, 2022 INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary larv. (Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date thai the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ❑ Individual (s) he/she/they,— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). 2015 Version 'u ev .. NoiaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 cca...;: t:rc fir{ £tom, c9 ic:::cs A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On DEC 15 2021 before me, Summer L. Reyes, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SUMMER L. REYES Notary Public • California Orange County > Commission # 2339686 Comm. Expires Dec 8, 2024 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 Signat 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 ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _ Signer's Name. ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, docs hereby constitute and appoint Linda D. Coats, Matthew J. Coats, Summer Reyes and Ryan Butterfas of Coats Surety Insurance Services, Inc., its hue and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14"' ofNovcnlber. 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorncy(s) in Fact and authorize the Attomcy(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. (Seal) Jnlz t;lomh. President & CI'O Philadelphia Indemnity Insurance Company On this 5"' day of March, 2021 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: Commonwealth of Pennsylvania - Notary Seal ' Y s2 - Vanessa Mckenzie, Notary Public Montgomery County My commission expires November 3, 2024 Commission number 1366394 Me2ber. Ponnsyiva':a +ssociation of Notaries residing at Bala Cynwyd, PA My commission expires: November 3, 2024 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 5"' day March, 2021 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 15th day of December 20 21 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 1 W4:11:11 Kai INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Green Giant Landscape Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten Green Giant Landscape Inc. Page C-2 (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be Green Giant Landscape Inc. Page C-3 entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Green Giant Landscape Inc. Page C-4 K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Green Giant Landscape Inc. Page C-5 Reyes, Raymund From: Morgan, Shelby Sent: December 16, 2021 7:36 AM To: Reyes, Raymund Subject: FW: Compliance Alert -Vendor Number FV00000698 -----Original Message ----- From: Customer Service <customerservice@ebix.com> Sent: December 15, 20219:51 PM To: Morgan, Shelby <SMorgan@newportbeachca.gov> Cc: lori.alcala@ebix.com Subject: Compliance Alert -Vendor Number FV00000698 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. FV00000698 Green Giant Landscape, Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach. ■ Contract No. 7629-2 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 Councilmembers: The undersigned declares that the Contractor 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. 7629-2 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: (KI o Vt v, Date 5&d- - (iy -Gao &1 - 6,10 - 50ag Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification (s) /0600,/ q3-3 R DIR Registration Number Bidder's email address: PR -1 -&V,em & i aova Bidder Bidder` Auth rized Signature and Title gU1-6 MG« CD �A ("A(A Bidder's Address U31 Bid Results Bidder Details Vendor Name Green Giant Landscape, Inc Address 941-A Macy St Submitted La Habra, California 90631 Delivery Method United States Respondee Donald L Henderson Respondee Title President Phone 562-690-6208 Email greengiantoffice@gglci_com Vendor Type License # CADIR Bid Detail Bid Format Electronic Submitted 11/09/2021 8:39 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 272281 Respondee Comment Buyer Comment Attachments File Title File Name File Type Bidder's Bond C-7629-2 Green Giant Landscape Inc.pdf Bidder's Bond C-7629-2 Green Giant Landscape Inc.pdf Bid Bond Bid Submittal -C-7629-2 Green Giant Landscape Inc.pdf Bid Submittal -C-7629-2 Green Giant Landscape Inc.pdf General Attachment >Ui)(-Oontractors Showing 5 Subcontractors Name & Address Desc License Num CADIR Amount Type American Asphalt South, Inc. Type II Slurry Seal 784969 1000000645 $105,868.00 19792 EI Rivino Road Imine, California 92337 Bulldog Paving, Inc. Install sand and 982752 1000013293 $94,590.00 12223 Highland Ave. Suite 602 pavers Rancho Cucamonga, California 9173 On Point Land Surveying Inc. Survey Services 8133 1000003100 $15,000.00 1910 Orange Tree Lane Redlands, California 92374 Stewart Electric Electrical 406096 1000020377 $40,000.00 21400 Orange Ave Perris, California 92570 Superior Pavement Markings Signing and 776306 1000001476 $44,098.00 5312 Cypress St. striping Cypress, California 90630 Lm R Hems Discount Terms No Discount Item Item Type # Code Main Bid 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Item Description UOM QTY Unit Price Line Total Response Comment $1,488,767.00 Mobilization and Demobilization LS 1 $50,000.00 $50,000.00 Yes Surveying Services LS 1 $25,000.00 525,000.00 Yes Traffic Control LS 1 $25,000.00 $25,000.00 Yes Clearing and Grubbing LS 1 $50,000.00 $50,000.00 Yes Remove Existing PCC Curb and Gutter LF 5860 $11.60 $67,976.00 Yes Remove Existing Parking Meter Post EA 62 $100.00 $6,200.00 Yes Remove Existing Concrete Median SF 8170 $5.00 $40,850.00 Yes Construct Type A PCC Curb and Gutter LF 5900 $30.00 $177,000.00 Yes Remove and Reconstruct Top Slab of Catch Basin EA 12 $250.00 $3,000.00 Yes Remove Existing Street Light Pull Box and Install New Street Light Pull Box at New Location EA 2 $1,000.00 $2,000.00 Yes Install Type II Slurry Seal SF 278600 $0.70 $195,020.00 Yes Remove and Replace Existing Street Light Pull Box and Cover with New Street Light Pull Box and Cover Adjusted to Grade EA 18 $700.00 572,600.00 Yes Remove Existing Street Light Pole Fundation. Construct New Street Light Pole Foundation. Relocate Existing Street Light Pole to the LS 1 $15,000.00 $15,000.00 Yes New Foundation. Remove Existing OCSD Sewer Manhole Frame and Cover and Install New OCSD Sewer Manhole Frame and Cover provided by OCSD EA 5 $1,000.00 $5,000.00 Yes to Grade Adjust Water Meter Box and Cover to Grade EA 1 $500.00 $500.00 Yes Signing and Striping LS 1 $68,000.00 $68,000.00 Yes Provide As -Built Plans LS 1 $5,000.00 $5,000.00 Yes Automatic Irrigation System LS 1 $82,358.00 $82,358.00 Yes Import Top Soil for Medians and Planters CY 110 $30.00 $3,300.00 Yes Soil Preparation and Fine Grading SF 5750 $1.00 $5,750.00 Yes Weed Abatement SF 6720 50.20 $1,344.00 Yes Install Wood Mulch - 3 -Inch Depth CY 70 S100.00 57,000.00 Yes Install Shrub - 5 and 15 Gallon SF 4690 $8.00 537,520.00 Yes Purchase & Delivery of 36" Box Tree (Ulmus True Green) (Specialty Item] EA 23 $521.00 $11,983.00 Yes Purchase & Delivery of 36" Box Tree (Arbutus Marina) ]Specialty Item] EA 4 $456.00 $1,824.00 Yes Purchase & Delivery of 48" Box Tree (Arbutus Marina) [Specialty Item] EA 31 $1,142.00 $35,402.00 Yes Install Tree - 36" Box Tree (Ulmus True Green) EA 23 $700.00 $16,100.00 Yes Install Tree - 36" Box Tree (Arbutus Marina) EA 4 $700.00 $2,800.00 Yes Install Tree -48" Box Tree (Arbutus Marina) EA 31 $1,000.00 $31,000.00 Yes Furnish and Install Washingtonia fllbusta/Fllbusta Fan Palm (15,18 & 20BTH) EA 20 $5,000.00 5700,000.00 Yes Provide Ninety (90) Day Landscape Maintenance Phase LS 1 $5,000.00 $5,000.00 Yes Construct Concrete Unit Pavers ]Specialty Item] SF 10510 $24.00 $252,240.00 Yes Furnish and Install Cast Iron Tree Grate (4'x6) and Frame EA 49 $3,000.00 $147,000.00 Yes _hie herr Section Title Main Bid Grand Total Line Total $1,488,767.00 $1,488,767.00 Pg. 1 of 3 -, -�- JIM ull 0 0 -. ADDENDUM NO. 1 BALBOA BOULEVARD MEDIAN IMPROVEMENTS PROJECT NO. 19R11 CONTRACT NO. 7 29-2 DATE: October 28, 2021 BY: l TO: ALL PLANHOLDERS Deputy PWD/City Engineer , J� The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. NOTICE INVITING BIDS 1. Bid opening date CHANGE the bid opening date to the gth day of November, 2021 at 10:00 a.m. SPECIFICATIONS 1. Section 9-3 PAYMENT REPLACE the bid item descriptions for Bid Items No. 25, 25, 27, and 33 with the following,- Item ollowing: Item No. 25 Purchase & Delivery — 36 -Inch Box Tree (Ulmus `True Green'): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for transporting, furnishing and storing of 36" box size trees (Ulmus `True Green'). The City has pre -approved and tagged twenty three (23) 36 -inch box Ulmus `True Green' trees at Norman's Nursery in San Gabriel, California for purchase by the Contractor. No other trees or nurseries will be accepted by the City for use for this bid item. Anna -Lisa Sharar, Sales Assistant, is the point -of -contact for Norman's Nursery and can be contacted at 626-237-0688. An amount of $11,983 has been established for this bid item. This Bid Item shall be designated as a "Specialty Item." Pg. 2 of 3 Contractor shall purchase and have all trees delivered prior to March 31, 2022. Otherwise, the Contractor shall be responsible for a monthly maintenance fee of 5% of the total cost of the trees, paid to the nursery for storage and maintenance of the trees, until purchase and delivery of the trees to the project site. The 5% monthly maintenance fee is $509.80 per month. Item No. 26 Purchase & Delivery — 36 -Inch Box Tree Arbutus Marina : Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for transporting, furnishing and storing of 36" box size trees (Arbutus Marina). The City has pre -approved and tagged four (4) 36 -inch box Arbutus Marina trees at Sunny Slope Trees in Orange, California for purchase by the Contractor. No other trees or nurseries will be accepted by the City for use for this bid item. Javier Mendoza, Inside Sales, is the point -of - contact for Sunny Slope Trees and can be contacted at 714-329-1029. An amount of $1,824 has been established for this bid item. This Bid Item shall be designated as a "Specialty Item." Contractor shall purchase and have all trees delivered prior to March 31, 2022. Otherwise, the Contractor shall be responsible for a monthly maintenance fee of 5% of the total cost of the trees, paid to the nursery for storage and maintenance of the trees, until purchase and delivery of the trees to the project site. The 5% monthly maintenance fee is $80.00 per month. Item No. 27 Purchase & )elive — 48 -Inch Box Tree Arbutus Marina: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for transporting, furnishing and storing of 48" box size trees (Arbutus Marina). The City has pre -approved and tagged thirty one (31) 48 -inch box Arbutus Marina trees at Sunny Slope Trees in Orange, California for purchase by the Contractor. No other trees or nurseries will be accepted by the City for use for this bid item. Javier Mendoza, Inside Sales, is the point - of -contact for Sunny Slope Trees and can be contacted at 714-329-1029. An amount of $35,402 has been established for this bid item. This Bid Item shall be designated as a "Specialty Item." Contractor shall purchase and have all trees delivered prior to March 31, 2022. Otherwise, the Contractor shall be responsible for a monthly maintenance fee of 5% of the total cost of the trees, paid to the nursery for storage and maintenance of the trees, until purchase and delivery of the trees to the project site. The 5% monthly maintenance fee is $1,550.00 per month. Item No. 33 Construct Concrete Unit Pavers: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for grading, furnishing and installing fill, bedding, base, joint, geotextile, and grout material as needed; subgrade compaction; constructing concrete unit pavers; adjusting utility boxes to grade that are not covered in a separate bid item; restoration of all existing improvements damaged by the work; and all other items as required to complete the work in place. This Bid Item shall be designated as a "Specialty Item." 2. Section 9-3 PAYMENT DELETE the following bid item: Pg. 3 of 3 Item No. 16 Remove Existin Survey Monument Frame and Cover and Install New Survey. Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for removing existing survey monument frame, and cover; furnishing and installing new survey frame and cover to grade per CNB Std. Drawing No. 116, protecting existing monument inside the survey box/can; restoring existing monument inside the survey box/can, if the existing survey monument is damaged; restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. PLANS 1. Plan Sheets 9, 10, 21, 29, and 33 REPLACE Sheet 9, Sheet 10, Sheet 21, Sheet 29, and Sheet 33 of the Plans with the attached Plan Sheets. 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. L"GCs�� Bidder's Name (Please Print) Q �� Date A Attachments: - Plan Sheets 9, 10, 21, 29, and 33 Sivgnature & Title PVeeCirLe�: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA BOULEVARD MEDIAN IMPROVEMENTS PROJECT NO. 19R11 CONTRACT NO. 7629-2 PART 1 - GENERAL PROVISIONS 1 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 2-9.2 Survey Service 3 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 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 4 SECTION 4 - CONTROL OF MATERIALS 4 4-1 MATERIALS AND WORKMANSHIP 4 4-1.3 Inspection Requirements 4 4-1.3.1 General 4 SECTION 5 - UTILITIES 4 5-1 LOCATION 4 5-1.1 General 4 5-2 PROTECTION 5 5-4 RELOCATION 5 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 7 6-9 LIQUIDATED DAMAGES 7 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7 7-1.2 Temporary Utility Services 8 7-2 LABOR 8 7-2.2 Prevailing Wages 8 7-5 PERMITS 8 7-7 COOPERATION AND COLLATERAL WORK 8 7-8 WORK SITE MAINTENANCE 9 7-8.4 Storage of Equipment and Materials 9 7-8.4.2 Storage in Public Streets 9 7-8.6 Water Pollution Control 9 7-8.6.2 Best Management Practices (BMPs) 9 7-8.6.4 Dewatering 9 7-10 SAFETY 10 7-10.3 Haul Routes 10 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 7-10.5 Security and Protective Devices 10 7-10.5.3 Steel Plate Covers 10 SECTION 9 - MEASUREMENT AND PAYMENT 10 9-2 LUMP SUM WORK 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment. 17 PART 2 - CONSTRUCTION MATERIALS 17 SECTION 200 — ROCK MATERIALS 17 200-2 UNTREATED BASE MATERIALS 17 200-2.1 General 17 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 17 201-1 PORTLAND CEMENT CONCRETE 17 201-1.1 Requirements 17 201-1.1.2 Concrete Specified by Class and Alternate Class 17 201-2 REINFORCEMENT FOR CONCRETE 17 201-2.2 Steel Reinforcement 17 201-2.2.1 Reinforcing Steel 17 SECTION 203 — BITUMINOUS MATERIALS 18 203-5 SLURRY SEAL 18 203-5.1 General 18 203-5.4 Emulsion -Aggregate Slurry (EAS) 18 203-5.4.1 General 18 203-5.4.2 Materials 18 203-6 ASPHALT CONCRETE 18 203-6.5 Type III Asphalt Concrete Mixtures 18 SECTION 214 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 18 214-4 PAINT FOR STRIPING AND MARKINGS 18 214-4.1 General 18 214-6 PAVEMENT MARKERS 19 214-6.3 Non -Reflective Pavement Markers 19 214-6.3.1 General 19 214-6.4 Retroreflective Pavement Markers 19 214-6.4.1 General 19 SECTION 215 - TRAFFIC SIGNS 19 PART 3 - CONSTRUCTION METHODS 19 SECTION 300 - EARTHWORK 19 300-1 CLEARING AND GRUBBING 19 300-1.1 General. 19 300-1.3 Removal and Disposal of Materials 20 300-1.3.1 General 20 300-1.3.2 Requirements 21 SECTION 302 - ROADWAY SURFACING 21 302-4 SLURRY SEAL SURFACING 21 302-4.8 Spreading and Application 21 302-4.9 Field Sampling and Testing 22 302-5 ASPHALT CONCRETE PAVEMENT 22 302-5.1 General 22 302-5.4 Tack Coat 22 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 22 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND 23 DRIVEWAYS 22 303-5.1 Requirements 22 303-5.1.1 General 22 303-5.5 Finishing 23 303-5.5.2 Curb 23 303-5.5.4 Gutter 23 SECTION 314 —TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 23 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 23 314-2.1 General 23 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 23 314-4.1 General 23 314-4.2 Control of Alignment and Layout 23 314-4.2.1 General 23 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 24 314-4.4.1 General 24 314-4.4.2 Surface Preparation 24 314-5 PAVEMENT MARKERS 24 314-5.1 General 24 SECTION 315 - TRAFFIC SIGN INSTALLATION 24 PART 6 — TEMPORARY TRAFFIC CONTROL 25 SECTION 600 - ACCESS 25 600-1 GENERAL 25 600-2 VEHICULAR ACCESS 25 600-3 PEDESTRIAN ACCESS 25 SECTION 601— WORK AREA TRAFFIC CONTROL 26 601-1 GENERAL 26 601-2 TRAFFIC CONTROL PLAN (TCP) 26 PART 7 — STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS 27 SECTION 701- CONSTRUCTION 27 701-1 GENERAL 27 PART 8 — LANDSCAPING AND IRRIGATION 27 APPENDIX A APPENDIX B Al A2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA BOULEVARD MEDIAN IMPROVEMENTS PROJECT NO. 19R11 CONTRACT NO. 7629-2 INTRODUCTION PROFESS RCE 38798 Exp. 03131123* \\T9TC / \/I�\/ 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 -7016-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria 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.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 —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 At the time of the award and until completion of work, the Contractor shall possess a Class "A" license. All landscape and irrigation related work items will require a "C-27" Page SP 1 of 27 license, which may be held by either the General Contractor or its Subcontractor. For concrete paver installation, the Contractor shall utilize an installer with job foremen holding a current certificate from the Interlocking Concrete Pavement Institute Concrete Paver Installer Certification program. 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 within any one specific Contract Document, 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 mobilization and demobilization; best management practices (BMP); traffic control implementation; staking and installation of new survey monument frames and covers to replace the existing; utility company coordination and utility verification; clearing and grubbing, removal of existing roadway improvements, concrete medians, curb and gutter, parking meter posts, top slab of catch basins, street light pull boxes, street light pole foundation and other improvements; constructing new concrete median curbs and gutters, median pavers, asphalt concrete pavement, street light pole foundation, and top slab of catch basins and local depressions; dewatering if necessary; slurry sealing; installing new street light pull boxes, underground conduits, signing and striping; relocating existing street light pole from old foundation to new foundation; adjusting street light pull boxes, manholes, and water meters to grade; installing new irrigation system, landscaping, and trees; landscaping maintenance period; as -built plan preparation; and other incidental items of work. 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 shall: 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. Page SP 2 of 27 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 install new monument frames and covers per City of Newport Beach Standard Drawing No. 116 to restore the affected survey monuments . The Contractor's Licensed Surveyor shall prepare and file the required Corner Record or Record of Survey with the County Surveyor upon monument restoration, at no cost to the City 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, outside of those noted in the plans called for resetting, damaged by the Work. 2-9.2 Survey Service Delete this section and replace with the following: The Contractor's California Licensed Land Surveyor shall utilize/follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Kelsurveys, Inc. and can be contacted at (949) 660-8016. At a minimum, two (2) sets of cut -sheets for all areas shall be included in the bid price and copies of each set shall be provided to the City 48 - hours in advance of any work. 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 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 Page SP 3 of 27 To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. 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 and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided 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 materials or articles shall be used until it has been inspected and accepted by the 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 materials. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner 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. Page SP 4 of 27 Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting 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 -usable, 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 finished grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other 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 AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: The time of completion as specified in Section 6-7, shall commence on the date of the `Notice to Proceed'. 6-1.1 Construction Schedule 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 Page SP 5 of 27 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 addition, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. Contractor shall substantially complete all work prior to Memorial Day 2022 (May 30, 2022). 6-7 TIME OF COMPLETION 6-7.1 General The Contractor shall complete all work under the Contract within 80 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time. Unless otherwise approved by the Engineer, construction shall start on or before February 4, 2022. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1 st (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4t" (Independence Day) 6. First Monday in September (Labor Day) Page SP 6 of 27 7. November 11th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31St (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 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 accordance 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 records 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 $1,000.00. 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 SP 7 of 27 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. 7-5 PERMITS Add to this section the following: The Contractor shall obtain and pay for all costs incurred for permits necessary for the work and the associated operations such as, but not limited to utility and/or encroachment permits, those permits required for traffic control, night work, and demolition. The Contractor shall pay all business taxes and license fees that are required for this work. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. This includes shut downs of the existing median irrigation system and controller. 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. Page SP 8 of 27 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 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 the storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuuming the residue. f. Providing measures to capture or vacuuming water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMPs 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 the BMPs 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. 7-8.6.4 Dewatering In the presence of groundwater/water entering the excavation areas and trenches, and until trench backfill has been completed, the Contactor shall provide and maintain suitable means and devices required to continuously remove and dispose of all water entering the excavation areas and trenches. All water to be disposed of shall be routed Page SP 9 of 27 to a nearby City sewer. The Contractor shall notify the City at least 48 hours prior to start of dewatering and provide a dewatering plan for City's approval. 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 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 therefor. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Page SP 10 of 27 Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for providing bonds, insurance and financing, establishing a material and equipment storage location, documenting existing conditions, providing submittals, preparing and implementing the BMP Plan, preparing and updating construction schedules as requested by the Engineer, attending construction progress meetings as needed, coordinating with all applicable agencies, stakeholders and utility companies, soil testing, 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 Surveying Services: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs of surveying, establishing horizontal and vertical controls, providing construction staking, establishing centerline ties, adjusting survey monuments and installing new monument frame and covers, filing pre- and post -construction corner records with the County, reestablishing property corners disturbed by the work, preparing record of survey, protecting and restoring existing monuments and other survey items as required to complete the work in place. 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 including, but not limited to, signs, cones, barricades, flashing arrow boards, K -rails, temporary striping, and flag persons. This item includes providing two (2) CMS for the duration of the Contract 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 California Manual on Uniform Traffic Control Devices (CA MUTCD), the W.A.T.C.H. Manual, latest edition, and City requirements. Item No. 4 Clearing and Grubbing: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for clearing and grubbing existing landscaping for new landscaping or hardscape installation as shown on the Plans, all clearing and grubbing items of work (as described in Section 300-1), and any other item of removed and demolition work which is required for the project that is not specifically specified in a separate bid item. Item No. 5 Remove Existing PCC Curb and Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for saw - cutting, removing, and disposing of the existing PCC curb and gutter, asphalt concrete, concrete pavement, base if present, subgrade material as necessary to allow construction of replacement curb and gutter, AC roadway structural section, concrete pavers or landscaping, and all other work items as required to complete the work in place. Page SP 11 of 27 Item No. 6 Remove Existing Parking Meter Post: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal and disposal of all parking meter posts interfering with proposed improvements as shown on the Plans, including the removal and disposal of post foundation, and all other work items as required to complete the work in place. Item No. 7 Remove Existing Concrete Median: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for saw - cutting, removing, and disposing of the existing PCC median, pavers in medians, aggregate base and subgrade material as necessary to allow construction of widened median, replacement curb and gutter, 2 -ft or 4 -ft wide AC full depth pavement repair, concrete pavers or landscaping, and all other work items as required to complete the work in place. Item No. 8 Construct Type A PCC Curb & Gutter: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs required to construct the new curb and gutter and adjacent asphalt pavement repair; importing, hauling and placement of onsite or imported CMB to subgrade; grading and compaction of subgrade; construction of concrete curb and gutter per CNB Std. Dwg No. 182 and adjacent 2 -ft or 4 -ft wide full depth asphalt pavement repair as shown on plans; installation of expansion joint material; construction of weakened plane joints, reconstruction and extension of existing curb drains; re -chiseling the curb face for existing underground utilities; restoration of all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 9 Remove and Reconstruct Top Slab of Catch Basin: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for the removal of the existing catch basin top slab, manhole frame and cover, face plate assembly, and portion of existing side walls and local depression as required for catch basin improvements; protection of the remaining catch basin (including vertical reinforcement); reconstruction of catch basin top slab (including reinforcement bars), manhole frame and cover, face plate assembly, and portion of walls and local depression per CNB Std. Drawing No. 300 and detail shown on Sheet 10 of the Plans; restoration of all existing improvements impacted or damaged by the work; and all other work items as required to complete the work in place. Item No. 10 Remove Existing Street Light Pull Box and Install New Street Light Pull Box at New Location: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing conduit, conductors and electrical pull box; furnishing and installing new conduit, conductors, and electrical pull box at new location; resplicing of existing and new street light conductors; installing new street light conduit and conductors, if required; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 11 Install Type II Slurry Seal: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for grinding and removing existing striping, pavement markings, and markers; grouting out cracks wider than '/4"; Page SP 12 of 27 applying a soil sterilizer; crack sealing the existing asphalt roadway with a hot -applied crack sealant; spreading the slurry seal; and all other work items as required to complete the work in place. Item No. 12 Remove and Replace Existing Street Light Pull Box and Cover with New Street Light Pull Box and Cover Adjusted to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of existing street light conduit, conductors, and pull boxes and covers; protection of street light conduit and conductors; furnishing and installing a new street light conduit, conductors, and pull box and cover to grade; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 13 Remove Existinq Street Light Pole Foundation. Construct New Street Light Pole Foundation. Relocate Existing Street Light Pole to the New Foundation: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing the existing street light pole foundation, conduit, conductors and pull box; protecting the existing street light pole; furnishing the PCC and reinforcing rebar for the new street light pole foundation and reinforcement; furnishing and installing new street light pole foundation, conduit, conductors, and street light pull box; resplicing of existing and new street light conductors; relocating the existing street light pole from old to new location; installing new street light conduit and conductors, if required; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 14 Remove Existing OCSD Sewer Manhole Frame and Cover and Install New OCSD Sewer Manhole Frame and Cover provided by OCSD to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for removing the existing OCSD sewer manhole ring(s), frame, and cover; temporarily lowering and/or covering the manhole; installing the new OCSD furnished manhole ring(s), frame, and cover to grade per OCSD Std. Drawing No. S - 505A, S-055, and S -055A, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 15 Adjust Water Meter Box and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for adjusting the existing City owned water meter box to finished grade within the landscaped median planting area, controlling ground and surface water, backfilling, compacting, disposing of excess material, and all other work items as required to complete the work in place. Item No. 16 Remove Existing Survey Monument Frame and Cover and Install New Survey Frame and Cover to Grade: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for removing existing survey monument frame, and cover; furnishing and installing new survey frame and cover to grade per CNB Std. Drawing No. 116, protecting existing monument inside the survey box/can; restoring existing monument inside the survey box/can, if the existing survey Page SP 13 of 27 monument is damaged; restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 17 Signing and Striping: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing pavement striping, markings and markers; removing and salvaging to the City Yard or removing and disposing or removing and relocating street signs, or sign panels, and posts; installing pavement striping, markings, markers and temporary striping to maintain traffic at all times; installing street signs, sign panels, and posts; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 18 Provide As -Built Plans: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $5,000 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. Item No. 19 Automatic Irrigation System: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for excavating; backfilling; furnishing and installing irrigation system sleeving, pressure and non- pressure piping, control valves, quick coupler valves, shut-off valves, valve box assemblies, master valve, control wires, flow sensor including signal cable within sleeve, controller modification with security enclosure, pop-up sprinklers and drip emitter systems, and all irrigation system appurtenances; modification of existing equipment to accommodate irrigation system; removing and repairing damaged pavement and surfaces per City Std. Drawing No. 106-A; and all other items as required to complete the work in place. Item No. 20 Import Topsoil for Medians and Planters: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for delivering and installing topsoil; and all other work items as required to complete the work in place. Item No. 21 Soil Preparation and Fine Grading: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for preparing and rototilling soil with amendments to a depth of six inches (6"), or as noted on plans, and fine grading; and all other work items as required to complete the work in place. Item No. 22 Weed Abatement: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for two (2) cycles of weed abatement; and all other work items as required to complete the work in place. Item No. 23 Install Wood Mulch — 3 -Inch Depth: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for installing, Page SP 14 of 27 transporting, delivering, storing, and placing wood mulch to a depth of three inches (3"); and other items as required to complete the work in place. Item No. 24 Install Shrub — 5 and 15 Gallon: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for transporting, furnishing, storing and installing 5 gallon and 15 gallon size shrubs; transportation, delivery, storage, and placement of soil amendments; providing plant photos; and all other items as required to complete the work in place. Item No. 25 Purchase & Delivery — 36 -Inch Box Tree (Ulmus `True Green'): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for transporting, furnishing and storing of 36" box size trees (Ulmus 'True Green'). The City has pre -approved and tagged twenty three (23) 36 -inch box Ulmus `True Green' trees at Norman's Nursery in San Gabriel, California for purchase by the Contractor. No other trees or nurseries will be accepted by the City for use for this bid item. Anna -Lisa Sharar, Sales Assistant, is the point -of -contact for Norman's Nursery and can be contacted at 626-237-0688. An amount of $12,000.00 has been established for this bid item. Contractor shall purchase and have all trees delivered prior to March 31, 2022. Otherwise, the Contractor shall be responsible for a monthly maintenance fee of 5% of the total cost of the trees, paid to the nursery for storage and maintenance of the trees, until purchase and delivery of the trees to the project site. Item No. 26 Purchase & Delivery — 36 -Inch Box Tree (Arbutus Marina): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for transporting, furnishing and storing of 36" box size trees (Arbutus Marina). The City has pre -approved and tagged four (4) 36 -inch box Arbutus Marina trees at Sunny Slope Trees in Orange, California for purchase by the Contractor. No other trees or nurseries will be accepted by the City for use for this bid item. Javier Mendoza, Inside Sales, is the point -of -contact for Sunny Slope Trees and can be contacted at 714-329-1029. An amount of $1,830 has been established for this bid item. Contractor shall purchase and have all trees delivered prior to March 31, 2022. Otherwise, the Contractor shall be responsible for a monthly maintenance fee of 5% of the total cost of the trees, paid to the nursery for storage and maintenance of the trees, until purchase and delivery of the trees to the project site. Item No. 27 Purchase & Delivery — 48 -Inch Box Tree (Arbutus Marina: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for transporting, furnishing and storing of 48" box size trees (Arbutus Marina). The City has pre -approved and tagged thirty one (31) 48 -inch box Arbutus Marina trees at Sunny Slope Trees in Orange, California for purchase by the Contractor. No other trees or nurseries will be accepted by the City for use for this bid item. Javier Mendoza, Inside Sales, is the point -of -contact for Sunny Slope Trees and can be contacted at 714-329-1029. An amount of $35,410 has been established for this bid item. Page SP 15 of 27 Contractor shall purchase and have all trees delivered prior to March 31, 2022. Otherwise, the Contractor shall be responsible for a monthly maintenance fee of 5% of the total cost of the trees, paid to the nursery for storage and maintenance of the trees, until purchase and delivery of the trees to the project site. Item No. 28 Install Tree — 36 -Inch Box Tree (Ulmus `True Green'): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for unloading the 36" box Ulmus 'True Green' trees from the delivery vehicle; excavating and disposing excess soil for tree pits, placing and installing the 36" box size trees at the locations shown on the Plans and Appendix B; amending soil per agronomic soils report; providing plant photos; and all other items as required to complete the work in place. Item No. 29 Install Tree — 36 -Inch Box Tree (Arbutus Marina): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for unloading the 36" box Arbutus Marina trees from the delivery vehicle; excavating and disposing excess soil for tree pits; placing and installing the 36" box size trees at the locations shown in Appendix B; amending soil per agronomic soils report; providing plant photos; and all other items as required to complete the work in place. Item No. 30 Install Tree — 48 -Inch Box Tree (Arbutus Marina): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for unloading the 48" box Arbutus Marina trees from the delivery vehicle; excavating and disposing excess soil for tree pits; placing and installing the 48" box size trees at the locations shown on the Plans; amending soil per agronomic soils report; providing plant photos; and all other items as required to complete the work in place. Item No. 31 Furnish and Install Washingtonia filibusta/Filibusta Fan Palm (15, 18 & 20 BTH): Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for transporting, furnishing, storing and installing Washingtonia filibusta "Filibusta Fan Palms", 15, 18 & 20 feet of Brown Trunk Height (BTH); amending soil per agronomic soils report; providing plant photos; and all other items as required to complete the work in place. Item No. 32 Provide Ninety (90) Day Landscape Maintenance Phase: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for manpower, fertilizers, irrigation system inspection and operation, plant materials, supervision, attending maintenance site visits, and all other items necessary to establish and maintain the landscaping, irrigation system, and surrounding area for the entire maintenance period. Item No. 33 Construct Concrete Unit Pavers: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for grading, furnishing and installing fill, bedding, base, joint, geotextile, and grout material as needed; subgrade compaction; constructing concrete unit pavers; adjusting utility boxes to grade that are not covered in a separate bid item; restoration of all existing improvements damaged by the work; and all other items as required to complete the work in place. Page SP 16 of 27 Item No. 34 Furnish and Install Cast Iron Tree Grate (4'x6') and Frame: Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for modifying adjacent improvements to accommodate new cast iron tree grate and frame; furnishing and installing tree grate and frame per Plan; restoring existing improvements damaged by the work; and all other items as required to complete the work in place. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. Page SP 17 of 27 SECTION 203 — BITUMINOUS MATERIALS 203-5 SLURRY SEAL 203-5.1 General Slurry seal shall be emulsion -aggregate slurry (EAS) conforming to 203-5.4. 203-5.4 Emulsion -Aggregate Slurry (EAS) 203-5.4.1 General Emulsion -aggregate slurry (EAS) shall be Type II-CQS-1 h conforming to 203-3. 203-5.4.2 Materials 203-5.4.2.2 Emulsified Asphalt Emulsified asphalt shall be of quick set type. 203-5.4.2.4 Latex Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2'/2 percent of weight of the emulsified asphalt. Latex -added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. 203-6 ASPHALT CONCRETE 203-6.5 Type III Asphalt Concrete Mixtures Asphalt concrete finish course shall be Type III -C3 -PG 64-10 (20% max RAP). Asphalt concrete base course shall be Type III -B2 -PG 64-10 (20% max RAP). SECTION 214 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS AND PAVEMENT MARKERS 214-4 PAINT FOR STRIPING AND MARKINGS 214-4.1 General Temporary striping shall be Rapid Dry paint. Final striping shall be reflectorized thermoplastic. All striping and markings shall comply with Section 84 of the State of California Standard Specifications. Page SP 18 of 27 214-6 PAVEMENT MARKERS All pavement markers shall comply with Section 85 of the State of California Standard Specifications. 214-6.3 Non -Reflective Pavement Markers 214-6.3.1 General All new non -reflective pavement markers Types A and AY shall be ceramic. 214-6.4 Retroreflective Pavement Markers 214-6.4.1 General All retroreflective pavement markers shall be 3M Series 290 with glass -covered faces, or approved equal. Add Section 215 — TRAFFIC SIGNS SECTION 215 - TRAFFIC SIGNS Signs shall be standard size per the California MUTCD and Sections 56 and 82 of the State of California Standard Specifications unless otherwise shown. Retroreflective sheeting shall be Type 4 or greater. Sign shall be made of aluminum (0.08 inch thickness). New sign posts shall be 14 gauge 2 inch square (OD) unistrut installed into a 12 gauge 2'/4 inch unistrut (OD) base. Sign mounting hardware and brackets shall be stainless steel. Unless otherwise specified, mounting hardware shall be 5/16"-18. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.1 General. Add to this Section: In addition to the work outlined in Section 300-1, "Clearing and Grubbing," of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item: Page SP 19 of 27 a) Removal and disposal of all vegetation, trash and other objectionable material within project limits. b) Maintaining dust control at all times by watering, including developing a water supply and furnishing and placing all water required for work done in the Contract, including water used for extra work. c) Protection and maintaining existing improvements, including utilities, trees, plants, irrigation, temporary capping of facilities as required during construction, fences, walls and other facilities within the construction zone, except those specifically shown on the Plans or directed by the Engineer to be removed or relocated. d) Maintenance of the site in a neat and orderly condition throughout the construction period and clearing and removal of debris from site of work. e) Removal of all USA mark -outs. All other removals shall be included in the various items of work and no additional compensation shall be allowed therefor. 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, unless otherwise shown on the Plans, 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. Page SP 20 of 27 The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. Concrete pavement may be encountered below existing asphalt concrete pavement. No additional compensation will be allowed for the removal of concrete pavement underlying asphalt concrete pavement where the removal of existing pavement is shown on the Plans. Backfill shall be placed and compacted to fill any voids created by removals and to bring the subgrade up to grade. This includes import fill if required. Backfill shall be placed and compacted in accordance with Section 300-4 "Unclassified Fill" of the Standard Specifications. This work (including import fill if required) shall be included in the individual construction item and no additional payment will be allowed therefor. 300-1.3.2 Requirements (a) Bituminous Pavement. Bituminous pavement shall be removed to neatly sawed edges with saw cuts made to a minimum depth of three (3) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. SECTION 302 - ROADWAY SURFACING 302-4 SLURRY SEAL SURFACING 302-4.8 Spreading and Application Slurry seal shall be sufficiently cured for vehicle traffic without tracking or damage to the surface by 3:00 p.m. on the same day. In case of damage done by vehicles and/or pedestrians upon slurry that has not been sufficiently cured, the Contractor shall replace all of the damaged work at the Contractor's expense and no additional compensation shall be made by the City. Prior to applying slurry seal, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all locations with weeds shall be treated by an approved weed -killer before any slurry seal is applied. Page SP 21 of 27 302-4.9 Field Sampling and Testing Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry seal mix. The Contractor shall apply the slurry seal test sections as directed by the Engineer. No slurry seal shall be applied until the test slurry seal sections have been approved the Engineer. The costs of these slurry seal tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor. Field samples that do not meet the requirements of Table 302-4.9.1 shall be re -tested. The Contractor shall be responsible for all cost associated with the re -testing. 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General All cracks '/-inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas, no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top layer of asphalt concrete (finish course) shall be placed in a separate lift. Longitudinal joints between two passes of asphalt concrete shall be along a lane line. Holes, spalls, and cracks greater than 1/4 -inch in width shall be filled and compacted to 95% minimum. The pavement shall then be cleaned with a power broom. 302-5.4 Tack Coat Prior to placing the asphalt concrete patches and slot paving, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one—tenth (1/10) of a gallon per square yard shall be uniformly applied to existing AC and PCC surfaces and edges against which asphalt concrete is to be placed. Tack coat shall be applied with complete and uniform coverage and shall not be over sprayed onto adjacent pavement when applying. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. Page SP 22 of 27 303-5.5 Finishing 303-5.5.2 Curb The Contractor shall install or replace curb markings that indicate sewer laterals on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals. 303-5.5.4 Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. SECTION 314 — TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS 314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-2.1 General The Contractor shall remove all existing traffic striping and pavement markings by grinding. Other methods such as sandblasting will not be allowed. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS 314-4.1 General Temporary painted traffic striping and markings shall be lane marking paint applied at 15 mil in one coat, as soon as possible and within 24 hours after the level course, finish course or slurry seal has been placed. The width of the temporary lane line stripes shall be one-half the width of the permanent final stripes. Temporary crosswalks and stop bars stripes shall be full width and shall be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" stripes shall also be placed prior to opening the street to traffic. Tabs and/or "cat -tracking" will not be accepted as temporary striping. Existing thermoplastic striping shall be removed prior to the application of slurry seal. Temporary painted striping shall be placed within 24 hours of removal. 314-4.2 Control of Alignment and Layout 314-4.2.1 General The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on Page SP 23 of 27 the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without proper striping over a weekend or holiday. Stop bars and crosswalks shall not remain unpainted overnight. 314-4.4 Thermoplastic Traffic Striping and Pavement Markings 314-4.4.1 General The final reflectorized thermoplastic striping shall not be applied until the finish course pavement or slurry seal has been in place for at least 10 days but no later than 15 days. The thermoplastic shall be applied at 1.5 mm (60 mil) to 2.0 mm (80 mil) thickness for all striping except crosswalks and limit lines which shall be 2.5 mm (100 mil) to 3.0 mm (120 mil) thickness. Striping shall be applied by extrusion method. Sprayable thermoplastic striping shall not be allowed. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY" signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. 314-4.4.2 Surface Preparation Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. The concrete surface shall be roughened along the thermoplastic striping. The width of the roughened concrete surface shall match the width of the striping. 314-5 PAVEMENT MARKERS 314-5.1 General Raised pavement markers shall not be placed until the finish course pavement or slurry seal has been in place for at least 10 days but not later than 15 days. Add Section 315 — TRAFFIC SIGN INSTALLATION SECTION 315 - TRAFFIC SIGN INSTALLATION Location of traffic signs shown on plans is approximate and shall be approved by the City prior to installation. Signs shall be installed at a clear height of seven feet at minimum unless otherwise shown on plans. Unistrut base shall be installed at a depth of 18 inches in concrete and 30 inches in dirt. Contractor shall USA location prior to installing sign. Page SP 24 of 27 Anti -seize lubricant shall be applied to hardware/fasteners prior to installation. Refer to CNB DWG 924 for typical sign installation. 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 and businesses 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 and businesses 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. The contractor shall replace/repair all damaged striping with temporary striping or raised pavement markers at the end of each working day. 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted at least forty- eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Page SP 25 of 27 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, changeable message signs (CMS), 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 CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street or alley during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3466 and all affected property owners. 5. 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. 6. 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. Page SP 26 of 27 PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS SECTION 701- CONSTRUCTION 701-1 GENERAL All splicing related to street light work shall be done by a certified electrician per CNB Std. Drawing No. 205. PART 8 - LANDSCAPING AND IRRIGATION SEE APPENDIX `A' FOR TECHNICAL SPECIFICATIONS Page SP 27 of 27 APPENDIX A LANDSCAPE AND IRRIGATION INSTALLATION BALBOA BOULEVARD MEDIAN IMPROVEMENT PROJECT CONTRACT NO. C-7629-2 APPENDIX A LANDSCAPE AND IRRIGATION INSTALLATION 100% CD SUBMITTAL OCTOBER 08, 2021 BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD SECTION 32 14 1319 PERMEABLE INTERLOCKING CONCRETE PAVEMENT PART GENERAL 1.01 SUMMARY A. Section Includes 1. Permeable interlocking concrete pavers. 2. Crushed stone bedding material. 3. Bedding and joint/opening filler materials. 4. Edge restraints. 5. Geotextiles. B. Related Requirements: 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 -7016-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. 1.02 REFERENCES A. American Society for Testing and Materials (ASTM) 1. C 131, Standard Test Method for Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. 2. C 136, Method for Sieve Analysis for Fine and Coarse Aggregate. 3. C 140, Standard Test Methods for Sampling and Testing Concrete Masonry Units and Related Units. 4. D 448, Standard Classification for Sizes of Aggregate for Road and Bridge Construction. 5. C 936, Standard Specification for Solid Interlocking Concrete Pavers. 6. C 979, Specification for Pigments for Integrally Colored Concrete. 7. D 698, Test Methods for Moisture Density Relations of Soil and Soil Aggregate Mixtures Using a 5.5 -Ib (2.49 kg) Rammer and 12 in. (305 mm) drop. 8. D 1557, Test Methods for Moisture Density Relations of Soil and Soil Aggregate Mixtures Using a 10 -Ib (4.54 kg) Rammer and 18 in. (457 mm) drop. 9. D 1883, Test Method for California Bearing Ratio of Laboratory -Compacted Soils. 10. D 2922 Standard Test Methods for Density of Soil and Soil -Aggregate In -Place by Nuclear Methods (Shallow Depth). 11. D 4254, Standard Test Methods for Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density. B. Interlocking Concrete Pavement Institute (ICPI) 1. Permeable Interlocking Concrete Pavement manual. 2. Permeable Design Pro software for hydrologic and structural design 1.03 SUBMITTALS A. In accordance with Conditions of the Contract and Division 1 Submittal Procedures Section. October 8, 2021 APPENDIX A - 32 1413 19- 1 Permeable Interlocking Concrete Pavement BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD B. Paver manufacturer's/installation subcontractor's drawings and details: Indicate perimeter conditions, junction with other materials, expansion and control joints, paver layout, installation and setting details. Indicate layout, pattern and relationship of paving joints to fixtures, and project formed details. C. Minimum 3 Ib. (2 kg) samples of subbase, base and bedding aggregate materials. D. Sieve analysis of aggregates for subbase, base and bedding materials per ASTM C 136. E. Project specific or producer/manufacturer source test results for void ratio and bulk density of the base and subbase aggregates. F. Soils report indicating density test reports, classification, and infiltration rate measured on-site under compacted conditions, and suitability for the intended project. G. Erosion and sediment control plan. H. Permeable concrete pavers: 1. Paver manufacturer's catalog sheets with product specifications. 2. Four representative full-size samples of each paver type, thickness, color, and finish. Submit samples indicating the range of color expected in the finished installation. 3. Accepted samples become the standard of acceptance for the work of this Section. 4. Laboratory test reports certifying compliance of the concrete pavers with ASTM C 936. 5. Manufacturer's certification of concrete pavers by ICPI as having met applicable ASTM standards. 6. Manufacturers' material safety data sheets for the safe handling of the specified paving materials and other products specified herein. 7. Paver manufacturer's written quality control procedures including representative samples of production record keeping that ensure conformance of paving products to the product specifications. Paver Installation Subcontractor: 1. Demonstrate that job foremen on the project have a current certificate from the Interlocking Concrete Pavement Institute Concrete Paver Installer Certification program. 2. Job references from projects of a similar size and complexity. Provide Engineer names, postal address, phone, fax, and email address. 3. Written Method Statement and Quality Control Plan that describes material staging and flow, paving direction and installation procedures, including representative reporting forms that ensure conformance to the project specifications. 1.04 QUALITY ASSURANCE A. Paver Installation Subcontractor Qualifications: 1. Utilize an installer having successfully completed concrete paver installation similar in design, material and extent indicated on this project. 2. Utilize an installer with job foremen holding a current certificate from the Interlocking Concrete Pavement Institute Concrete Paver Installer Certification program. B. Review the manufacturers' quality control plan, paver installation subcontractor's Method Statement and Quality Control Plan with a pre -construction meeting of representatives from the manufacturer, paver installation subcontractor, general contractor, engineer and/or owner's representative. C. Mock -Ups: 1. Install a 4 ft x 4 ft paver area. 2. Use this area to determine surcharge of the bedding layer, joint sizes, and lines, laying pattern, color and texture of the job. APPENDIX A -32 1413 19 - 2 October 8, 2021 Permeable Interlocking Concrete Pavement BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 3. This area will be used as the standard by which the work will be judged. 4. Subject to acceptance by owner, mock-up may be retained as part of finished work. 5. If mock-up is not retained, remove and properly dispose of mock-up. 1.05 DELIVERY, STORAGE, AND HANDLING A. Comply with manufacturer's ordering instructions and lead-time requirements to avoid construction delays. B. Delivery: Deliver materials in manufacturer's original, unopened, undamaged container packaging with identification tags intact on each paver bundle. 1. Coordinate delivery and paving schedule to minimize interference with normal use of buildings adjacent to paving. 2. Deliver concrete pavers to the site in steel banded, plastic banded, or plastic wrapped cubes capable of transfer by forklift or clamp lift. 3. Unload pavers at job site in such a manner that no damage occurs to the product or existing construction C. Storage and Protection: Store materials in protected area such that they are kept free from mud, dirt, and other foreign materials. 1.06 MAINTENANCE A. Extra materials: Provide additional material for use by owner for maintenance and repair. B. Pavers shall be from the same production run as installed materials. PART 2 PRODUCTS 2.01 PRODUCTS A. Manufacturer: Acker -Stone Industries — 13296 Temescal Canyon Rd., Corona, CA 92883 1. Contact: Angelica Wright 951-674-0047 ext. 1313, Or Approval Equal. B. Permeable Interlocking Concrete Paver Units: 1. Paver Type: Aqua -Via Series a. Material Standard: Comply with ASTM C 936. b. Color [and finish]: Catina Blend. TM Grind. c. Color Pigment Material Standard: Comply with ASTM C 979. d. Size: 4 3/8. inches [({80.}mm)] x 8 3/ inches 2.02 PRODUCT SUBSTITUTIONS A. Substitutions: Permitted for gradations for crushed stone jointing material, base and subbase materials. Base and subbase materials shall have a minimum 0.32 void ratio. All substitutions shall be approved in writing by the Project Engineer. 2.03 CRUSHED STONE FILLER, BEDDING, BASE AND SUBBASE A. Crushed stone with 90% fractured faces, LA Abrasion < 40 per ASTM C 131, minimum CBR of 80% per ASTM D 1883. B. Do not use rounded river gravel for vehicular applications. October 8, 2021 APPENDIX A - 32 1413 19- 3 Pen-neable Interlocking Concrete Pavement BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD C. All stone materials shall be washed with less than 1 % passing the No. 200 sieve. D. Joint/opening filler, bedding, base and subbase: conforming to ASTM D 448 gradation as shown in Tables 1 and 2 below: E. No. 89 or No. 9 stone may be used to fill pavers with narrow joints. Table 1 ASTM No. 8 Grading Requirements Bedding and Joint/Opening Filler Sieve Size Percent Passing 12.5 mm (1/2 in.) 100 9.5 mm (3/8 in.) 85 to 100 4.75 mm (No. 4) 10 to 30 2.36 mm (No. 8) 0 to 10 1.16 mm (No. 16) 0 to 5 Table 2 ASTM No. 57 Base Grading Requirements Sieve Size Percent Passing 37.5 mm (1 1/2 in.) 100 25 mm (1 in.) 95 to 100 12.5 mm (1/2 in.) 25 to 60 4.75 mm (No. 4) 0 to 10 2.36 mm (No. 8) 0 to 5 2.04 BEDDING SAND A. Bedding sand under concrete pavers should conform to ASTM C33 or CSA A23.1. This material is often called concrete sand. B. Masonry sand for mortar should never be used for bedding, nor should limestone screenings or stone dust. C. The bedding sand should have symmetrical particles, generally sharp, washed, with no foreign material. D. Grading requirements for Bedding Sand shall be as follows: APPENDIX A -32 1413 19 - 4 October 8, 2021 Permeable Interlocking Concrete Pavement BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD Gradation for Bedding Sand ASTM C33 CSA A23.1 FA1 Sieve Size Percent Passing Sieve Size Percent Passing 3/8 in.(9.5 mm) 100 10.0 mm 100 No. 4 (4.75 mm) 95 to 100 5.0 mm 95 to 100 No. 8 (2.36 mm) 80 to 100 2.5 mm 80 to 100 No. 16 (1.18 mm) 50 to 85 1.25 mm 50 to 90 No. 30 (0.6 mm) 25 to 60 630 pm 25 to 65 No. 50 (0.3 mm) 5 to 30 315 pm 10 to 35 2 to 10 No. 100 (0.15 mm) 0 to 10 160 pm No. 200 (0.075 mm) 0 to 1 80 pm 0 to 1 Note: Bedding sands should conform to ASTM C33 or CSA A23.1 FA1 gradations for concrete sand. For ASTM C33, ICPI recommends the additional limitations on the No. 200 (0.075 mm) sieve as shown. For CSA A23.1 FA1, ICPI recommends reducing the maximum passing the 80 pm sieve from 3% to 1 %. 2.05 JOINT SAND A. Joint sand under concrete pavers should conform to ASTM C144 or CSA A179. B. Grading requirements for Joint Sand shall be as follows: October 8, 2021 APPENDIX A - 32 1413 19- 5 Permeable Interlocking Concrete Pavement BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD Gradation for Joint Sand ASTM C144 CSA A179 Sieve Size Percent Passing Sieve Size Percent Passing No. 4 (4.75 mm) 100 5.0 mm 100 No. 8 (2.36 mm) 95 to 100 2.5 mm 90 to 100 No. 16 (1.18 mm) 70 to 100 1.25 mm 85 to 100 No. 30 (0.6 mm) 40 to 75 630 pm 65 to 95 No. 50 (0.3 mm) 10 to 35 315 pm 15 to 80 No. 100 (0.15 mm) 2 to 15 160 pm 0 to 35 No. 200 (0.075 mm) 0 to 5 80 pm 0 to 10 2.06 ACCESSORIES A. Provide accessory materials as follows: 1. Class III Geotextile Fabric: a. Material Type and Description: b. Material Standard: c. Manufacturer: B. Geotextile Fabric shall meet the following requirements for separation per AASHTO M288 APPENDIX A -32 1413 19 - 6 October 8, 2021 Permeable Interlocking Concrete Pavement BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD Geotextile Class Class I a Class II a Class III a Elongation ASTM D4632 < 50% > 50% < 50% > 50% < 50% > 50% Grab Strength b ASTM D4632 315 Ib [1400 NJ 202 Ib [900 NJ 247 Ib [1100 NJ 157 Ib [700 NJ 180 Ib [800 NJ 112 Ib [500 NJ Sewn Seam Strength b,c ASTM D4632 283 lb [1260 NJ 182 lb [810 NJ 223 lb [990 NJ 142 Ib [630 NJ 162 Ib [720 NJ 101 Ib [450 NJ Tear Strength b ASTM D4533 112 Ib [500 NJ 79 Ib [350 NJ 90 Ib [400 NJ d 56 Ib [250 NJ 67 Ib [300 NJ 40 Ib [180 NJ Puncture Strength b ASTM D6241 618 lb [2750 NJ 433 lb [1925 NJ 495 lb [2200 NJ 309 lb [1375 NJ 371 Ib [1650 NJ 223 Ib [990 NJ Permittivity b,e ASTM D4491 0.02 sec -1 Apparent Opening Size ASTM D4751 0.024 in [0.60 mm] maximum average roll value Ultraviolet Stability ASTM D4355 > 50% after 500 hr. exposure 1. The severity of the installation conditions generally dictates the required geotextile class. Class I is the most severe and Class III is the least severe. 2. All numeric values represent MARV in the weaker principal direction. 3. When sewn seams are required. 4. The required tear strength for woven monofilament geotextiles if 250 N. 5. Default Value. Permittivity of the geotextile should be greater than the soil. PART 3 EXECUTION 3.01 EXAMINATION A. Acceptance of Site Verification of Conditions: 1. General Contractor shall inspect, accept and certify in writing to the paver installation subcontractor that site conditions meet specifications for the following items prior to installation of interlocking concrete pavers. a. Verify that subgrade preparation, compacted density and elevations conform to specified requirements. b. Provide written density test results for soil subgrade to the Owner, General Contractor and paver installation subcontractor. c. Verify location, type, and elevations of edge restraints, [concrete collars around] utility structures, and drainage pipes and inlets. 2. Do not proceed with installation of bedding and interlocking concrete pavers until subgrade soil conditions are corrected by the General Contractor or designated subcontractor. October 8, 2021 APPENDIX A - 32 1413 19- 7 Permeable Interlocking Concrete Pavement BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 3.02 PREPARATION A. Verify that the soil subgrade is free from standing water. B. Stockpile joint/opening filler, base and subbase materials such that they are free from standing water, uniformly graded, free of any organic material or sediment, debris, and ready for placement. C. Edge Restraint Preparation: 1. Install edge restraints per the drawings, at the indicated elevations. 3.03 INSTALLATION A. General 1. Any excess thickness of soil applied over the excavated soil subgrade to trap sediment from adjacent construction activities shall be removed before application of the geotextile and base materials. 2. Keep area where pavement is to be constructed free from sediment during entire job. Base and bedding materials contaminated with sediment shall be removed and replaced with clean materials. 3. Do not damage drainpipes, overflow pipes, observation wells, or any inlets and other drainage appurtenances during installation. Report any damage immediately to the project engineer. B. Geotextiles 1. Place on top and sides of soil subgrade. Secure in place to prevent wrinkling from vehicle tires and tracks. 2. Overlap a minimum of [0.3 m (12 in.)] in the direction of drainage. C. Open -graded base 1. Moisten, spread and compact the No. 57 base layer in one 6 in. thick lift. On this layer, make at least two passes in the vibratory mode then at least two in the static mode with a minimum 10 t (10 T) vibratory roller until there is no visible movement of the No. 57 stone. Do not crush aggregate with the roller. 2. Use part of the compacted base area as a control strip for density testing. a. The Testing Company shall supply nuclear moisture/density gauges and ancillary equipment required to conduct density and moisture content measurements for compaction of the No. 57 aggregate drainage layer. Qualified testing laboratory operators/gauges may conduct compaction testing. Each gauge operator shall be trained in the safe operation, transportation and handling of the gauge. The registered owner of the gauge shall have and maintain a valid Radioisotope License for each gauge. b. Each gauge shall have been calibrated within the last 12 months, either by the manufacturer or other qualified agent, against certified density and moisture reference blocks. The density standard count and the moisture standard count shall be within 2 percent and 4 percent respectively, of the most recent calibration values. A certificate of calibration for each gauge shall accompany each gauge. 3. Target Density a. Determine a target density on the control strip under the following conditions: APPENDIX A -32 1413 19 - 8 October 8, 2021 Permeable Interlocking Concrete Pavement BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD (1) after initial placement and compaction of the base aggregate layer (2) when there is a perceptible change in the appearance or gradation of the aggregate, (3) when there is a change in the source of aggregate. b. Test field density according to ASTM D 2922 Standard Test Methods for Densityof Soil and Soil -Aggregate In -Place by Nuclear Methods (shallow Depth). Field density tests shall be performed on compacted base materials to determine within acceptable limits of a target density. 4. Control Strip a. The Testing Company shall construct a control strip for the determination of a target density consisting of a single uniform lift as specified in the contract documents, but not more than 4 in. (100 mm) thick and covering approximately 600 yd' (500 ml) in area. No testing shall be performed within 10 ft (3 m) from any unrestrained outside edge of the work area. The control strip may be incorporated into the project upon acceptance of density measurements by the Testing Company b. During construction of the control strip, the surface of the aggregate shall be visibly moist and maintained as such throughout construction and compaction. c. After initial placement of the aggregate base material, the compaction equipment shall make two passes over the entire surface of the control strip. Field densities and field moisture contents, using the backscatter/indirect method, shall be determined at five randomly selected locations at least 15 ft (5 m) apart. The dry density and moisture content shall be calculated for each of these locations and the averages shall be used as initial values. The maximum compacted thickness of the aggregate base layer measured for density shall be 4 in. (100 mm). d. The compaction equipment shall then make two additional passes over the entire surface of the control strip. After compaction, three separate, random field density and moisture content determinations shall be made, using the backscatter/indirect method, and a new average dry density and moisture content shall be calculated. e. If the new average dry density exceeds the previous value by more than 1.2 pcf (20 kg /M3) then two additional passes of the equipment shall be carried out as described above. If the new average dry density does not exceed the previous value by more than 1.2 pcf (20 kg /M3), then compaction of the control strip will be considered satisfactory and complete. f. Upon satisfactory completion of the control strip, an additional seven (7) field density and moisture tests, using the backscatter/indirect method, shall be taken at random locations and the dry density and moisture content values shall be determined. The final dry density and moisture content of the control strip shall be the average of these seven values plus the three most recent values obtained upon completion. 5.Compaction Equipment a. Use a smooth dual or single smooth drum, minimum 10 ton (10 T) vibratory roller or a minimum 13,500 Ibf (60 kN) centrifugal force, reversible vibratory plate compactor that provides maximum compaction force without crushing the aggregate base. October 8, 2021 APPENDIX A - 32 1413 19- 9 Permeable Interlocking Concrete Pavement BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 6. Test Report a. The test report shall include the following: 1)Project description. 2)Sketch of test area and test locations. 3)Aggregate type and layer thicknesses. 4)Aggregate characteristic properties: gradation, void ratio, bulk density. 5)Compaction equipment type and weight. 6)Static or vibratory compaction. 7)Number of passes of the compaction equipment. 8)Test number and location. 9)lndividual and average field wet density, moisture content, and dry density values determined after each compaction operation in accordance with ASTM D 2922 Standard Test Methods for Density of Soil and Soil -Aggregate In -Place by Nuclear Methods (Shallow Depth). 10) Calculation of target density. D. The surface tolerance the compacted No. 57 base should not deviate more than. ±1 in. (25 mm) over a 10 ft (3 m) straightedge. E. Bedding layer 1. Moisten, spread and screed the sand bedding material. 2. Fill voids left by removed screed rails with sand bedding. 3. The surface tolerance of the screeded sand layer shall be ±3/8 in (10 mm) over a 10 ft (3 m) straightedge. 4. Do not subject screeded bedding material to any pedestrian or vehicular traffic before paving unit installation begins. F. Permeable interlocking concrete pavers and joint/opening fill material 1. Lay the paving units in the pattern(s) and joint widths shown on the drawings. Maintain straight pattern lines. 2. Fill gaps at the edges of the paved area with cut units. Cut pavers subject to tire traffic shall be no smaller than 1/3 of a whole unit. 3. Cut pavers and place along the edges with a double -bladed splitter or masonry saw. 4. Fill the openings and joints with Joint Sand. 5. Remove excess aggregate on the surface by sweeping pavers clean. 6 Compact and seat the pavers into the bedding material using a low -amplitude, 75-90 Hz plate compactor capable of at least 5,000 Ibf (22 kN) centrifugal compaction force. This will require at least two passes with the plate compactor. 7. Do not compact within 6 ft (2 m) of the unrestrained edges of the paving units. 8. Apply joint sand to the openings and joints if needed, filling them completely. Remove excess aggregate by sweeping then compact the pavers. This will require at least two passes with the plate compactor. 9. All pavers within 6 ft (2 m) of the laying face must be left fully compacted at the completion of each day. 10. The final surface tolerance of compacted pavers shall not deviate more than ±3/8 (10 mm) under a 10 ft (3 m) long straightedge. APPENDIX A -32 1413 19 - 10 October 8, 2021 Permeable Interlocking Concrete Pavement BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 11. The surface elevation of pavers shall be 1/8 to 1/4 in. (3 to 6 mm) above adjacent drainage inlets, concrete collars or channels. 3.05 FIELD QUALITY CONTROL A. After sweeping the surface clean, check final elevations for conformance to the drawings. B. Lippage: No greater than 1/8 in. (3 mm) difference in height between adjacent pavers. C. The surface elevation of pavers shall be 1/8 to 1/4 in. (3 to 6 mm) above adjacent drainage inlets, concrete collars or channels. D. Bond lines for paver courses: ±'/2 in. (±15 mm) over a 50 ft (15 m) string line. 3.06 PROTECTION A. After work in this section is complete, the General Contractor shall be responsible for protecting work from sediment deposition and damage due to subsequent construction activity on the site. B. PICP installation contractor shall return to site after 6 months from the completion of the work and provide the following as required: fill paver joints with stones, replace broken or cracked pavers, and re -level settled pavers to initial elevations. Any additional work shall be considered part of original bid price and with no additional compensation. END OF SECTION October 8, 2021 APPENDIX A - 32 1413 19- 11 Permeable Interlocking Concrete Pavement SECTION 32 8000 IRRIGATION PART 1 - GENERAL 1.1 SUMMARY BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD A. Scope of Work: Provide all labor, materials, transportation, and services necessary to furnish and install irrigation systems as shown on the Drawings and described herein. B. Related Requirements: 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 -7016-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. C. Work Included: Provide irrigation system, complete, as shown and as specified. D. Related Sections: 1. Section 32 9113 — Landscape Soil Preparation 2. Section 32 9300 — Trees, Shrubs, Vines and Groundcovers 3. Section 32 9353 — Palm Tree Planting 4. Section 32 9500 — Tree Protection 5. Section 32 9800 — Landscape Establishment 1.2 QUALITY ASSURANCES: A. Applicable Standards: Comply with the current applicable provisions of the following, with applicable codes and regulations of the City and/or County and as specified. 1. "UPC" - Uniform Plumbing Code published by the Association of Western Plumbing Officials 2. "ASTM" - American Society for Testing and Materials 3. "NEC" - National Electrical Code B. Qualification of the Contractor: Contractor for irrigation installation work shall meet the requirements described in Quality Assurance Paragraph of Section 32 9300 Trees Shrubs, Vines and Groundcover. C. Permits and Fees: The Contractor shall obtain and pay for any permits and inspections as required. D. Manufacturer's Directions: Manufacturer's directions and detailed Drawings shall be followed in all cases where covering points are not shown in the Drawings and Specifications. E. ORDINANCES AND REGULATIONS 1. 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 October 08, 2021 APPENDIX B - 32 8800 - 1 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD Drawings call for or describe materials, workmanship or construction of a better quality or higher standard than is required by the above rules and regulations, the provisions of these Specifications and Drawings shall take precedence. F. EXPLANATIONS OF DRAWINGS 1. Due to the scale of Drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are generally 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 architectural features, and other above and below grade improvements. 2. The word Architect or Landscape architect as used herein shall refer to the Engineer. 3. Work called for on the Drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the Specifications. 4. 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 in area dimensions exist that might not have been considered in engineering. Such obstructions or differences should be brought to the attention of the Engineer. In the event this notification is not performed, the irrigation Contractor shall assume full responsibility for any revision necessary. 1.3 SUBMITTALS A. Material List: 1. The Contractor shall furnish the articles, equipment, materials or processes specified by name in the Drawings and Specifications. No substitution will be allowed without prior written approval by the Engineer. 2. Complete material list shall be submitted prior to performing any work. Material list shall include the manufacturer, model number and description of all materials and equipment to be used. Although manufacturer and other information may be different, the following is a guide to proper submittal format: Item Description Manufacturer Model No. 1. Backflow preventer Febco LF825YA 2. Control valves Rain Bird PEB Series 3. Quick coupling valve Rain Bird 33DRC 3. Irrigation submittal must be specific and complete. Items must be listed and should include solvent/primer, wire, wire connectors, valve boxes, etc. No copies of manufacturer's literature (catalog cuts) are required as submittal information, unless requested. Provide a copy of the completed irrigation submittal list with the Operation and Maintenance manual. 4. The Contractor may submit substitutions for equipment and materials listed on the irrigation Drawings by following procedures as outlined in Section 1.5 of the Irrigation Specifications. 5. Equipment or materials installed or furnished without prior approval of the Engineer may be rejected and the Contractor required to remove such materials from the site at his own expense. APPENDIX B - 32 8800 - 2 October 08, 2021 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 6. Approval of any item, alternate or substitute indicates only that the product or products apparently meet the requirements of the Drawings and Specifications on the basis of the information or samples submitted. 7. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. B. RECORD DRAWINGS 1. The Contractor shall provide and keep up to date a complete record set of black line 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. Prints for this purpose may be obtained from the Architect at cost. This set of Drawings shall be kept on the site and shall be used only as a record set. 2. Record Drawings shall also serve as work progress sheets and shall be the basis for measurement and payment for work completed. The Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed. These Drawings shall be available at all times for inspection and shall be kept in a location designated by the Engineer. 3. Record Drawings shall be full size Drawings. 4. Before the date of the final inspection, the Contractor shall transfer all information from the record prints to Bond Paper Drawing. Drafting work shall be neat, performed with India ink with technical drafting pens. Documenting the As -built Record Drawings in AutoCAD, 2015 format is acceptable as an alternative to ink and Mylar Drawings. Dimensions shall be documented so as to be easily read including when copied as the base plan for the final controller charts. The As -built Record Drawings shall be submitted to the Architect for approval prior to the making of irrigation controller charts. 5. The Contractor shall dimension from two permanent points of reference, building corners, sidewalk or road intersections, etc., the location of the following items: a. Connection to existing water lines. b. Connection to existing electrical power. C. Gate and ball valves. d. Routing of sprinkler pressure lines (dimension maximum 100 feet along routing). e. Sprinkler control valves, master valves, and flow sensors. f. Routing of control wiring, conduit, signal cable conduit and wires splice boxes. g. Quick coupling valves. h. Drip equipment including filters and pressure regulators. i. Other related equipment as directed by the Engineer. 6. On or before the date of the final inspection, the Contractor shall deliver the corrected and completed Record Drawings to the Architect. Delivery of the Drawings will not relieve the Contractor of the responsibility of furnishing required information that may be omitted from the Record Drawings. C. CONTROLLER CHARTS 7. Record Drawings shall be approved by the Engineer before controller charts are prepared. 8. Provide three controller charts for each controller supplied. (One for the controller enclosure and two to the Engineer.) October 08, 2021 APPENDIX B - 32 8800 - 3 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 9. The chart shall show the area controlled by the automatic controller and shall be the maximum size, which the controller door will allow. The preferred chart size is 11" x 17" size #20 bond paper. 10. The chart is to be a reduced Drawing of the actual as -built system. However, in the event the controller sequence is not legible when the Drawing is reduced, it shall be enlarged to a size that will be readable when reduced. 11. The chart shall be a black line print and a different color shall be used to indicate the zone of coverage for each station. 12. When completed and approved, the chart shall be hermetically sealed between the two pieces of plastic laminate, each piece being a minimum of 8 mils. 13. These charts shall be completed and approved prior to final inspection of the irrigation system. D. OPERATION AND MAINTENENCE MANUALS 1. Prepare and deliver to the Engineer within ten calendar days prior to completion of construction, two hard cover binders with three rings containing the following information: a. Index sheet stating Contractor's address and telephone number, list of equipment with name and addresses of local manufacturer's representatives. b. Guarantee statement for irrigation system — See 1.7D of this section. C. Catalog and parts sheets on every material and equipment installed as a part of this contract. d. Complete operating and maintenance instruction on all major equipment. e. Warranty statements of irrigation equipment provided. f. Copy of approved irrigation submittal list. 2. In addition to the above mentioned maintenance manuals, provide the Engineer's maintenance personnel with instructions for major equipment and show evidence in writing to the Engineer at the conclusion of the project that this service has been rendered. E. CONTRACTOR FURNISHED EQUPMENT 1. Supply as part of this contract the following tools: a. Two sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve supplied on this project. b. Two 30 inch valve keys for operation of gate valves. C. Two keys for each automatic controller and enclosure. d. Six pop-up bubbler heads specified on this project. e. Two hundred feet of dripline tubing specified on this project. f. One quick coupler key and matching hose swivel for every five quick coupling valves installed. 2. The above mentioned equipment shall be turned over to the Owner at the conclusion of the project. Before final inspection can occur, evidence that the Owner has received material must be shown to the Engineer. 1.4 PRODUCT DELIVERY, STORAGE, AND HANDLING OF PVC PIPE AND FITTINGS: A. 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 APPENDIX B - 32 8800 - 4 October 08, 2021 Irrigation 1.5 1.6 1.7 BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 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 piping. SUBSTITUTIONS A. If the Irrigation Contractor wishes to substitute any equipment or materials for those equipment or materials listed on the irrigation Drawings and Specifications, he may do so by providing the following information in writing to the Architect for approval: 1. Provide a statement indicating the reason for making the substitution. Use a separate sheet of paper for each item to be substituted. 2. Provide descriptive catalog literature, performance charts and flow charts for each item to be substituted. 3. Provide the amount of cost savings if the substituted item is approved. B. The Engineer shall have the sole responsibility in accepting or rejecting any substituted item as an approved equal to those equipment and materials listed on the irrigation Drawings and Specifications. PRIOR TO START OF ESTABLISHMEND PERIOD: A. Contractor shall submit proof of warranty to Architect prior to the start of the Establishment period. Computerized irrigation control system materials, except interconnection conductors, shall have a five-year labor and material warranty. It is the Contractor's responsibility to obtain the necessary warranty inspections from the equipment supplier. No installations will be accepted without proof of warranty. GUARANTEE: A. The guarantee for the sprinkler irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions of these Specifications shall be filed with the Engineer prior to acceptance of the irrigation system. B. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. C. The guarantee form shall be retyped onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM D. We hereby guarantee that the sprinkler irrigation system we have furnished and installed is free from defects in materials and workmanship. And the work has been completed in accordance with the Drawings and Specifications, except ordinary wear and tear and unusual abuse. We agree to repair or replace all defects in material and/or workmanship which may develop during the period of one year from date of final acceptance by Engineer and also to repair or replace all damages resulting from the repair of such defects at no additional cost to the Owner. We shall make such repairs or replacements within a reasonable time, as determined by the Engineer, after receipt of written notice. 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 October 08, 2021 APPENDIX B - 32 8800- 5 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD Owner to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefore upon demand. PROJECT: LOCATION: CONTRACTOR/COMPANY: LICENSE NO: ADDRESS: PHONE: DATE OF FINAL ACCEPTANCE: SIGNED: DATE: 1.8 PROTECTION OF WORK AND MATERIALS: A. Contractor shall protect his work and the work of others for the duration of the Contract. Protect piping and fittings from direct sunlight, and avoid undue bending and any concentrated external loading. Pipe or fittings that have been damaged shall not be installed. B. Contractor shall exercise extreme care in excavating and working near utilities. Damage to utilities, which is caused by the Contractor's operation, shall be the Contractor's responsibility. C. Contractor shall take necessary precautions to protect site conditions and plant material. Should damage be incurred, Contractor shall repair said damage to its original condition or furnish and install equal replacements as directed by the Engineer. D. Existing irrigation systems shall be always kept in operation. When existing irrigation systems are damaged by Contractor's operations, he shall be responsible for immediate repair of said damage. After each repair, sprinkler head nozzles of the repaired system shall be removed to clear the piping of dirt and foreign matter. APPENDIX B - 32 8800 - 6 October 08, 2021 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 1.9 CORRECTION OF WORK: A. Discrepancies or unsatisfactory work shall be corrected at no additional cost to Owner. The correction of work shall be finished within a reasonable time period as mutually agreed upon by the Engineer and Contractor. PART2-PRODUCT 2.1 MATERIALS: A. General: Use only new materials of brands and types noted on Drawings specified herein or approved equals. B. PVC Pressure Main line Pipe and Fittings: 1. Pressure main line piping for sizes 2 inches and larger, shall be PVC class 315. 2. Class 315 PVC pipe shall be made from a NSF approved Type I, Grade I, PVC resin conforming to ASTM resin specification D2241. Pipe must meet requirements as set forth in Federal Specification PS -22-70, with an appropriate standard dimension (S.D.R.) (solvent- weld pipe). 3. Pressure main line piping for sizes 1-1/2 inches and smaller shall be Schedule 40 PVC with solvent -welded joints. 4. Pipe shall be made from NSF approved Type I, Grade II PVC resin conforming to ASTM Resin Specification D1785. Pipe must meet requirements as set forth in Federal Specification PS -21-70 (solvent -weld pipe). 5. PVC solvent -weld fittings shall be Schedule 80, 1-2; II -1 NSF approved conforming to ASTM test procedure D2466. 6. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of type and installation methods prescribed by the manufacturer. 7. PVC pipe must bear the following markings: a. Manufacturer's name b. Nominal pine size C. Schedule or class d. Pressure rating in psi. e. NSF (National Sanitation Foundation) approval f. f. Date of extrusion 8. Fittings shall bear the manufacturer's name or trademark, material designation, size, applicable I.P.S. schedule and NSF seal of approval. C. PVC Non -Pressure Lateral Line Piping: 1. Non -pressure buried lateral line piping shall be Schedule 40 PVC with solvent -weld joints. 2. Pipe shall be made from NSF approved, Type I, Grade II PVC resin conforming to ASTM Resin Specification D1785. Pipe must meet requirements set forth in Federal Specification PS -22-70 with an appropriate standard dimension ratio. 3. Except as noted in paragraph 1 and 2 of this Section, requirements for non -pressure lateral line pipe and fittings shall be the same as for solvent -weld pressure main line pipe and fittings as set forth in above Section of these Specifications. October 08, 2021 APPENDIX B - 3-2 8800 - 7 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD D. Brass Pipe and Fittings: 1. Where indicated on the Drawings, use red brass screwed pipe conforming to Federal Specification No. WW -P-351. 2. Fittings shall be red brass conforming to Federal Specification No. WW -P-460. E. Ball Valves: 1. Ball valves 2 inches in size shall be brass full bore units, and include Teflon ball seats, Buna-N 0 -rings seals, and pressure rated at a minimum of 235 psi @ 73 degrees F 2. Ball valves 1 inches and smaller shall be PVC as provided with the drip zone remote control kits from Rain Bird. 3. Ball valves shall be installed per installation detail. F. Quick Coupling Valves: 1. Quick coupling valves shall have a brass two piece body designed for working pressure of 150 psi operable with quick coupler. Key size and type shall be as shown on plans. G. Backflow Prevention Units: 1. Backflow prevention units shall be of size and type indicated on the irrigation Drawings. Install backflow prevention units in accordance with irrigation construction details. 2. Wye strainers at backflow prevention units shall have a bronze screwed body with standard mesh Monel screen and shall be similar to Bailey No. 1006 or approved equal. 3. Pressure main line piping between the point of connection and the backflow preventer shall be installed as required by local code. The Contractor shall verify with the local governing body as to material type and installation procedures prior to start of construction. Submit shop Drawing for approval 4. Metal security enclosures for backflow preventer assemblies shall be of size and type indicated where shown on Drawings. 5. The backflow prevention assembly enclosure shall be made of formed stainless steel tubing and rod. The full release locking mechanism shall be formed from stainless steel. 6. The backflow prevention assembly enclosure shall require a backflow enclosure mounting pad. Provide each enclosure with a prefabricated mounting pad and support base. 7. Security enclosure for backflow preventer shall be V.I.T Products, Inc. Model series #SBBC or approved equal. Backflow enclosure mounting pad shall be V.I.T. Products, Inc. Model series QP -3013F. Contact V.I.T. at phone number (800) 729-1314. H. Control Wiring: 1. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG-U.F. 600 volt. Control wires shall be a different color wire for each automatic controller. Common wires shall be white with a different color stripe for each automatic controller. Install in accordance with valve manufacturer's specifications and wire chart. In no case shall wire size be less than No. 14 and no less than # 12 gauge for common wires. 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 taped together at intervals of 10 feet. APPENDIX B - 32 8800 - 8 October 08, 2021 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 4. An expansion curl shall be provided at each major change of direction and within 3 feet of each wire connection. Expansion curl shall be of sufficient length at each splice connection at each electric control valve, so that in case of repair, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in trench without stress or stretching or control wire conductors. 5. Splices shall be made with Scotch -Lok # 3576 connector sealing packs, Rain Bird Snap- Tite wire connector, Spears # DS -100 connectors with Spears # DS -300 sealant, or approved equal. Use one splice per connector sealing pack. 6. Field splices between the automatic controller and electrical control valves shall not be allowed without prior approval of the Architect. Field splices shall include an 18 -inch loop coil and be covered within a bolt -down valve box. Identify the letters "WS" on box cover. 7. Wire coil shall be continuous over its entire length. Use a different color for each irrigation controller for common ground wire. Spare control wires shall be blue in color. Spare common ground wire shall be white in color. Irrigation Controllers: 1. Irrigation controllers shall be as indicated on the plan. 2. The Architect shall approve final location of irrigation controllers. 3. Unless otherwise noted on the plans, others shall furnish the 120 -VAC electrical power to the irrigation controller location. The final electrical hook-up shall be the responsibility of the irrigation Contractor. 4. The irrigation controller shall be a part of the controller enclosure assembly. Refer to section below. J. Controller Enclosure Assemblies: 1. The controller enclosure assemblies shall consist of a stainless steel housing and removable stainless steel mounting plate, transient protection terminal boards, and a 120 -VAC GFI outlet for automatic controller. 2. The controller enclosure assembly shall be equipped with a 120 -VAC duplex box with an on/off switch, 120 —VAC receptacle and transient protection for both low and high voltage. Enclosure shall be grounded with an 8 -foot copper clad grounding rod and #6 gauge solid bare wire. Power to the housing shall be properly phased. 3. The controller enclosure assembly shall be equipped with pre -wired transient protection terminal boards clearly indicating the proper points of connection for appropriate wiring, i.e. station valves, master valve, flow sensor, control and common wires. Controller faceplate shall mount flat on enclosure braces or mounting plate as assembled by supplier. 4. Controller enclosure assembly shall include a five-year warranty provided by supplier. Automatic Controller shall include a five-year warranty provided by controller manufacturer. 5. The controller enclosure assembly shall be assembled by Site One Green Tech, Irvine, California. Phone number: (800) 427-0779. K. Electrical Control Valves: 1. Electrical control valves shall be the same manufacturer as indicated on the Drawings. October 08, 2021 APPENDIX B - 32 8800 - 9 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 2. Electric control valves shall have a manual flow adjustment handle and bleed valve for manual operation. 3. Provide and install one control valve box for each electric control valve. L. Control Valve Boxes: 1. Use one 10 -inch x 10 -inch (T -cover) round box for each quick coupling valve, flush valve, grounding rod and wire splice as manufactured by Carson Engineering- model #0809-413 with bolt -down cover, or approved equal. Extension sleeves for gate valves shall be 6 - inch minimum PVC Schedule 40. 2. Use one nominal 10 -inch x 15 -inch x 12 -inch deep (T -cover) rectangular box for electrical control valves, master valves, and flow sensor assemblies as manufactured by Carson Engineering Products - model #1419-12-4B with bolt -down cover, or approved equal. 3. Use jumbo model#1220 for drip valve zone kits with bolt -down cover, or approved equal. 4. Valve boxes shall be green in color. 5. Use landscape fabric (geotextile soil separator), model number 140N, as manufactured by Mirafi, Inc. (800) 869-8905, or approved equal. M. Sprinklers: 1. Sprinkler nozzles shall be of the same size, type and deliver the same rate of precipitation with the diameter (or radius) of throw, pressure and discharge as shown on the plans and/or specified in these special provisions. 2. Spray nozzles shall have a screw adjustment. 3. Pop-up sprinkler bodies shall be fabricated in accordance with the details shown on the plans. 4. Riser nipples for sprinkler shall be the same size as the riser opening in the sprinkler body. 5. Sprinkler nozzles of the same type shall be of the same nozzle manufacturer. Sprinkler pop-up bodies of the same type shall be of the same pop-up body manufacturer. 6. Sprinkler spacing as shown on the Drawings shall not be exceeded. N. Dripline Tubing with Built in Emitters: 1. Dripline tubing shall be of the manufacturer, make and model specified on the legend within the contract documents. 2. Flush valve assemblies shall be assembled by the Contractor in the manner and of the materials as shown on the Drawings. Flush valves shall be installed in a closed position. 3. Provide drip electric control valve with inline pressure regulator for each drip system. Refer to Drawings fro size, quantity, and type of pressure regulators required. O. Identification Tags: 1. Identification tags for electrical control valves shall be manufactured from Polyurethane Behr Desopan, or equal. Use Christy's standard tag hot stamped with black letters on yellow background. Tags shall be numbered to match programming shown on the irrigation drawing. Provide one tag of each electric control valve. a. Tags shall be numbered to match programming shown on the Drawings. Provide one tag for each electric control valve, flow sensor and master valve. b. Order tags with the controller assignment on the front side of tag and the station APPENDIX B - 32 8800 - 10 October 08, 2021 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD sequence indicated on the back side of the tag. The tag is limited to three digits each side. 2. Special order tags from T. Christy Enterprises, 1211 Struck Avenue, Orange, California, 92667, (714) 771-4142, or approved equal. P. Sleeving: 1. Install separate sleeve beneath paving surfaces to route each run of irrigation pipe or wiring bundle. 2. Sleeving material beneath paving surfaces, both pedestrian and traffic, shall be PVC schedule40 piping with solvent welded joints. 3. Sleeving diameter: Equal to twice the outside diameter of the pipe or wire bundle. Size per plan. Q. Other Components: 1. Tools and Spare Parts: Provide operating keys, service tools, test equipment, other items, and spare parts as indicated in this Specification. 2. Other Materials: Provide other equipment or materials not shown on the Drawings or referenced in this Specification necessary to complete the installation of the irrigation system. PART 3 - EXECUTION 3.1 INSPECTION: A. Site Conditions: 1. Drawing scaled dimensions are approximate. The Contractor shall check and verify all size dimensions and receive the Architect's approval prior to proceeding with work under this section. 2. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damages to utilities, which are caused by his operations or neglect. Check any existing utility Drawings for existing utility locations. 3. Coordinate installation of irrigation materials, including pipe, so there shall be NO interference with utilities or other construction or difficulty in planting trees, shrubs and groundcovers. 4. The Contractor shall carefully check all grades to satisfy him that he may safely proceed before starting work on the irrigation system. 5. Report irregularities to Architect prior to beginning work. Commencement of work implies acceptance of existing site conditions. 3.2 SITE PREPARATION: A. Physical Layout: 1. Prior to installation, the Contractor shall stake out pressure supply lines, routing and location of sprinkler heads. 2. Architect shall approve sprinkler, piping and equipment layout prior to installation. B. Water Supply: October 08, 2021 APPENDIX B - 32 8800 - 11 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 1. The irrigation system shall be connected to water supply points of connection as indicated on the 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. Installation of backflow preventer shall be made at the approximate location shown on the Drawings. The Contractor shall be responsible for minor changes caused by actual site conditions. C. Electrical Supply: 1. Electrical connections for automatic controller shall be made to electrical points of connection as indicated on the 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. 3.3 EXCAVATING AND TRENCHING: A. General: Perform all excavations as required for installation of work, including shoring of earth banks, if necessary. B. Trenching: 1. Dig trenches straight and support pipe continuously on bottom of trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on Drawings and as noted. 2. Provide for a minimum cover of 24 inches for all pressure supply lines. 3. Provide for a minimum cover of 12 inches for all non -pressure lines. 4. Provide for a minimum cover of 2 inches for drip emitter distribution tubing. 5. Provide for a minimum cover of 24 inches for all control wiring. 6. Where piping is shown on the Drawings under paved areas, but running parallel and adjacent to planting areas, install the piping within planting areas. C. Backfilling: 1. The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth or stones. Backfill shall be mechanically compacted in d areas to a dry density equal to adjacent undisturbed soil. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. 2. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than 1/2 inch in size will be permitted in the initial backfill. 3. The flooding of trenches will be permitted only with approval of the Engineer. 4. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting or other construction are necessary, the Contractor shall make required adjustments without cost to the Owner. D. Trenching and Backfilling Under Paving: 1. Trenches located under areas where paving, asphaltic concrete or concrete will be installed shall be repaired per City Std. Drawing No. 106-A. Trenches for piping shall be APPENDIX B - 32 8800 - 12 October 08, 2021 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD compacted to equal the compaction of the existing adjacent undisturbed soil and left in a firm unyielding condition. Trenches shall be left flush with the adjoining grade. The sprinkler irrigation Contractor shall set in place, cap and pressure test piping under paving prior to the paving work. 2. Generally, piping under existing walks is done by jacking, boring or hydraulic driving, but where any cutting or breaking of sidewalks and/or concrete is necessary, it shall be done and replaced by the Contractor as part of the contract cost. Permission to cut or break sidewalks and/or concrete shall be obtained from the Engineer. No hydraulic driving will be permitted under concrete paving. Compact all backfill to 95% dry density and dispose of waste off site. Replacement pavement shall match existing in structure, material and appearance. No hydraulic driving will be permitted under concrete paving. 3. Provide for a minimum cover of 18 inches between the top of the pipe and the bottom of the aggregate base for all pressure and non -pressure piping installed under asphalt concrete paving. E. Conduit and Sleeves: 1. Coordination: Sleeving will be existing only when installed under another contract. For all other installations, provide materials and coordinate conduit and sleeve installation with other trades as required to facilitate smooth construction sequence. 2. Conduit: Furnish and install conduit where control wires pass under or through walls, walks and paving. Conduits to be of adequate size to accommodate retrieval for repair of wiring and shall extend 12 inches beyond edges of walls and pavement. 3. Sleeving: Install sleeves for pipes passing through or under walks and paving as shown on the Drawings. Sleeving to be of adequate size to accommodate retrieval of wiring or piping for repair and shall extend 12 inches beyond edges of paving or other construction. F. Assemblies: 1. The routing of irrigation lines as indicated on the Drawings is diagrammatic. Install lines (and various assemblies) in such a manner as to conform to the Drawings. 2. Install NO multiple assemblies on plastic lines. Provide an outlet for each assembly. 3. Install assemblies specified herein in accordance with respective detail. In absence of detail Drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with best standard practice with prior approval of Architect. 4. 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. Install no assembly into a trench, which has standing water. 5. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape, or approved equal, shall be used on all threaded PVC to PVC and on all threaded PVC to metal joints. Use no pipe dope. Light wrench pressure is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. Use strap -type friction wrench only - no metal jawed wrench. G. Irrigation Piping Clearance: 1. Piping shall have a minimum clearance of 6 inches from each other and from lines of other trades. Parallel piping shall not be installed directly over one another. October 08, 2021 APPENDIX B - 32 8800 - 13 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD H. Irrigation Controller: Install as per manufacturer's instructions. Control valves shall be connected to controller in numerical sequence as shown on the Drawings. High Voltage Wiring for Irrigation Controller: 1. Contractor shall be responsible for final connection of 120 -volt power connection to the automatic controller. 2. Electrical work shall conform to local codes, ordinances and union authorities having jurisdiction. J. Electric Control Valves and Master Valves: Install where shown on the Drawings and details. When grouped together, allow at least 12 inches between valves. Install each control valve in a separate valve box. Align valve boxes in a row. K. Flushing of System: 1. After valves, pipe lines and risers are in place and connected, all necessary diversion work has been completed and prior to installation of sprinkler heads or emitters, the control valves shall be opened and a full head of water used to flush out the system. 2. Sprinkler head and drip emitters shall be installed only after flushing of the system has been accomplished to the complete satisfaction of the Engineer. Re -flush the emitter lines after installation of said emitters. L. Sprinkler Heads: 1. Install the sprinkler heads as indicated on the Drawings. 2. Spacing of heads shall not exceed the maximum indicated on the Drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. M. Quick Coupling Valves: 1. Install as indicated on the Drawings. N. Dripline Tubing Installation: 1. Dripline tubing shall be spaced as detailed with the plan contract documents. 2. Flush emitter tubing and PVC lateral lines prior to installation of emitters. Re -flush lines after installation of said tubing. 3.4 TEMPORARY REPAIRS: A. The Owner reserves the right to make temporary repairs as necessary to keep the sprinkler system equipment in operating condition. The exercise of this right by the builder/developer shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.5 EXISTING TREES: A. Where it is necessary to excavate adjacent to existing trees, the Contractor shall use care to avoid injury to trees and tree roots. Excavation in areas where 2 inch and larger roots occur shall be done by hand. Roots two inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped in burlap, to prevent APPENDIX B - 32 8800 - 14 October 08, 2021 Irrigation 3.6 3.7 BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than 2 inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through. Roots 1 inch and larger in diameter shall be painted with two coats of Tree Seal or equal. Trenches adjacent to trees should be closed within 24 hours; and where this is not possible, the side of the trench adjacent to the tree shall be kept shaded with moist burlap or canvas. INSTALLATION OF OTHER COMPONENTS: A. Tools and Spare Parts: 1. Prior to the Pre -Maintenance Period walk-through inspection, but no earlier than the project wide notice of substantial completion, supply to the Owner turn over items including controller cabinet keys, servicing tools, test equipment, and any other items indicated on the Drawings. B. Other Materials: 1. Install other materials or equipment on the Drawings or installation details to be a part of the irrigation system, even though said items may not have been referenced in this Specification. FIELD QUALITY CONTROL: A. Adjustment of the System: 1. The Contractor shall flush and adjust sprinkler heads for optimum performance and to prevent over spray onto walks, roadways and buildings as much as possible. 2. If it is determined that minor adjustments to the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting. Adjustments may also include changes in nozzle sizes and degrees of arc as required. 3. Sprinkler heads shall be set perpendicular to finished grades unless otherwise designated on the plans. B. B. Testing of Irrigation System: 1. The Contractor shall request the presence of the Engineer in writing at least 48 hours in advance of testing. 2. Test pressure lines under hydrostatic pressure of 150 pounds per square inch for 3 hours and prove piping to be watertight. a. Note: Testing of pressure main lines shall occur prior to installation of electric control valves. 3. Piping under paved areas or on structure shall be tested under hydrostatic pressure of 150 pounds per square inch for3 hours and proved watertight, prior to paving. 4. Sustain pressure in lines for not less than two hours. If leaks develop, replace joints and repeat test until entire system is proven watertight (maximum allowable pressure drop is 4 psi). October 08, 2021 APPENDIX B - 32 88__00_____15 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 5. All hydrostatic tests shall be made only in the presence of the Engineer or other duly authorized representative of the Owner. No pipe shall be backfilled until it has been inspected, tested and approved in writing. 6. Furnish necessary force pump and all other test equipment for hydrostatic pressure testing. 7. When the irrigation system is completed, perform a coverage test in the presence of the Engineer, to determine if the water coverage for planting areas is complete and adequate. This test shall be accomplished before any turf or groundcover is planted. 8. Furnish materials and perform all work required to correct any inadequacies of coverage. 3.8 SYSTEM OPERATION: A. The entire irrigation system shall be under full automatic operation for a period of seven days prior to any planting. B. The Engineer reserves the right to waive or shorten the operation period. 3.9 CLEAN-UP: A. Clean up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, walks and paving shall be swept or washed down and any damage sustained on the work of other Contractors shall be repaired to original condition at no cost to Owner. 3.10 FINAL INSPECTION PRIOR TO ACCEPTANCE: A. The Contractor shall operate each system in its entirety for the Engineer at time of final inspection and issuance of notice of substantial completion. Any items deemed not acceptable by the inspector shall be reworked to the complete satisfaction of the Engineer. B. The Contractor shall show evidence to the Engineer that the Owner has received all accessories, charts, record Drawings and equipment as required before final inspection is performed. 3.11 OBSERVATION SCHEDULE: A. Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the time indicated: 1. Pre -job conference - 7 days 2. Pressure supply line installation and testing — 2 days 3. Irrigation controller installation — 2 days 4. Control wire installation — 2 days 5. Lateral line and sprinkler installation — 2 days 6. Emitter tubing and emitter installation — 2 days 7. Coverage test — 2 days 8. Final observation - 7 days APPENDIX B - 32 8800 - 16 October 08, 2021 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD B. When observations have been conducted by other than the Engineer, show evidence of when and by whom these observations were made. C. No inspection will commence without the Record Drawings. In the event the Contractor calls for an inspection without Record Drawings, without completing previously noted corrections or without preparing the system for inspection, he shall be responsible for reimbursing the Architect at the hourly rate in effect at the time of the inspection portal (plus transportation costs) for the inconvenience. No further inspections will be scheduled until this charge has been paid. END OF SECTION October 08, 2021 APPENDIX B - 32 8800 - 17 Irrigation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD SECTION 32 9113 LANDSCAPE SOIL PREPARATION PART 1 - GENERAL 1.1 DESCRIPTION: A. Related Requirements: 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 -7016-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. B. Work Included: 1. Provide planting media amendment 2. Amending of existing for planting 3. Amending of imported topsoil 4. Amending of subgrade soil 5. Mixing of planting mediums. 6. Testing of amended mediums. 7. Transporting and storage of soils and planting mediums. 8. Preplanting weed control C. Related Work in Other Sections: 1. Section 32 8000 - Irrigation 2. Section 32 9300 - Trees, Shrubs, Vines, and Groundcovers 3. Section 32 9800 - Landscape Establishment 1.2 QUALITY ASSURANCE: A. Certificates of Inspection: Provide those required by law for transportation, with invoice. File copies of certificates with Engineer after acceptance of material. Inspection by governmental officials at point of origin does not preclude rejection of materials at project site. 1.3 SUBMITTALS: A. Samples and Product Data: Prior to delivery to site, submit samples(S) certification(C) and manufacturers' literature(ML) for the following items: 1. Organic Amendments: S of 1 pt. for each type, C or ML 2. Soil Mixes: S of 1/2 pound for each type and C. 3. Sand: S of 1/2 pound and C. 4. Chemical Additives: S of 1 pint for each type, C and ML. 5. Mycorrhizal Innoculant: S of Two (2) Ounces and 1 ML 6. Import Topsoil: S of One (1) Pint and C. B. Test Data: Submit all laboratory test data for all materials. C. Submittal Schedule: All products in this section which is required for submittal shall be included in one submittal package. October 8, 2021 APPENDIX A - 32 9113 - 1 Soil Preparation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 1.4 BIDDING: A. The amendments, quantities and procedures included herein are for bidding purposes only. Following an on-site agricultural soil analysis after the rough grading, the amendments and quantity and procedures may change. B. Tests shall be paid for by the Contractor. 1.5 JOB CONDITIONS: A. Protection of Existing Plants to Remain: See Section 32 9300 - Trees, Shrubs, Vines and Groundcover. 1.6 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Labeling: Furnish standard products in unopened manufacturer's standard containers bearing original labels showing quantity, analysis and name of manufacturer. B. Storage: Store products with protection from weather or other conditions, which would damage or impair the effectiveness of the product. 1. Mycorrhizal Innoculum shall be delivered and kept below 90 degrees F until application. 1.7 ANALYSES OF SAMPLES AND TESTS: A. Sampling: Engineers reserves the right to take and analyze samples of materials for conformity to specifications at any time. Furnish samples upon request by Engineer. B. Rejected Materials: Remove rejected materials immediately from the site at Contractor's expense. C. Testing: Pay cost of testing of materials not meeting specifications. D. Testing Agency: Wallace Laboratories, 365 Coral Circle, EI Segundo, CA 90245. Tel (310) 615- 0116. Attention: Mr. Garn Wallace, PhD. 1.8 QUALIFICATIONS A. The applicator of all weed control materials shall be licensed by the State of California as a Pest Control Operator and a Pest Control Advisor in addition to any subcontractor licenses that are required. 1.9 FINAL ACCEPTANCE: A. Acceptance: Work will be accepted by the Engineer upon satisfactory completion of all soil preparation work. ANNtNUIN A - 32 9113 - 2 October 8, 2021 Soil Preparation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD B. Notification: Notify Architect for review of soil preparation prior to proceeding with planting operations. PART 2 -PRODUCTS 2.1 TOPSOIL: A. Topsoil: Material required for landscape and finished grading operations shall conform to the requirements included in this section. B. General Qualifications: Topsoil shall be fertile, friable, well -drained soil, of uniform quality, free of stones over 1 inch diameter, sticks, oils, chemicals, plaster, toxic substances, concrete and other deleterious materials, as a planting medium for the project. 1. Grading: Percent Passing Sieve Sieve Size 95-100 25.4 mm (1") 85-100 9.51 mm (3/8") 10-30 53 Micron (270 mesh) 2. Chemistry: - Suitability Considerations: a) Salinity: Saturation Extract Conductivity (ECe x 103 @ 25 degrees C.) less than 4.0. b) Sodium: Sodium Absorption Ratio (SAR) less than 9.0. c) Boron: Saturation Extract Concentration less than 11.0 PPM. d) Reaction: pH of Saturated Paste: 5.5 - 7.5. 3. Parasites: Test all soils, which have been used for agricultural purposes within the prior 12 months for parasitic nematodes. It shall be acceptable if the parasitic nematode population is less than 200 per 50 cubic centimeters of soil. Do not artificially dry soil prior to testing. 4. Herbicide: Perform a radish/ryegrass growth trial if herbicide contamination is suspected. Consult with Architect prior to testing. 5. Fertility Considerations: Soil to contain sufficient quantities of available nitrogen, phosphorous, potassium, calcium, and magnesium to support normal plant growth. In the event of nutrient inadequacies, provisions shall be made to add required materials to overcome inadequacies prior to planting. C. Existing Soil to be Amended: Inspect existing soil and do all work necessary to bring it to standards specified under "General Qualifications" above. Amend as specified herein. 1. Areas of existing soil to be amended shall be all areas to be planted. 2. All areas shall receive Mycorrhizal Inoculant as described below. D. Imported Topsoil: 1. Sources: Furnish imported topsoil from sources accepted by the Engineer, which meets the standards specified under "General Qualifications" above. 2. Certification: Source of above shall be approved and conformity of material shall be laboratory verified for each 100 cubic yards of material delivered to the site. 3. Analysis: Obtain an agricultural suitability analysis of the proposed topsoil from Wallace Laboratories at Contractor's cost. 4. Acceptance: Submit soils analysis and recommendations to the Landscape Architect for acceptance. Amend topsoil per accepted soil analysis report. October 8, 2021 APPENDIX A - 32 9113 - 3 Soil Preparation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 5. Samples: The Architect reserves the right to take samples of the imported topsoil delivered to the site for conformance to the Specifications. 6. Rejected Topsoil: Immediately remove rejected topsoil off the site at Contractor's expense. 7. Stockpiling: If stockpiling is requested, locations and amounts of stockpiles will be designated by Owner. 2.2 ORGANIC AMENDMENTS: A. Peat Moss: Finely shredded, brown in color, suitable for horticultural purposes and frequently referred to in the trade as "greenhouse" or "coarse grind". 1. Measurement: Measure peat in air dry condition, containing not more than 35% moisture by weight on an "as -received" basis. Ash content shall not exceed 10%. 2. Physical Properties: Percent Passing Sieve Size 95-100 9.51 mm (3/8") 0-40 500 micron (#35, 32 mesh) 3. Organic Content (dry weight basis): 60-100% 4. Nitrogen (dry weight basis): 0.6-3.0% 5. Salinity: Saturation extract conductivity 0.0-3.0 milliohms/cm @ 25 degrees C. 6. PH 4.0-6.5 7. Carbon: nitrogen ratio is less than 25: 8. Minimum cation exchange capacity is 50 millimoles per 100 Grams. 9. Acceptable Substitute: Ground redwood bark by Lindauer Products, Santa Rosa, CA, per specifications for peat moss. B. Soil Organic Amendment: 1. Humus material shall have an acid -soluble ash content of no less than 6% and no more than 20%. The organic matter content shall be 50% or more 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. (ECe less than 10) on a saturated paste extract. 4. Boron content of the saturated extract shall be less than 1.0 parts per million. 5. Silicon content (acid -insoluble ash) shall be less than 50%. 6. Calcium carbonate shall not be present if is 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. 13. Maximum total permissible pollutant concentrations in amendment in parts per million on a dry weight basis: arsenic 20 copper 150 APPENDIX A - 32 9113 - 4 October 8, 2021 Soil Preparation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD selenium 30 cadmium 15 lead 100 silver 10 chromium 100 mercury 10 vanadium 200 cobalt 50 molybdenum 20 zinc 200 nickel 100 14. 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. C. Suppliers: 1. Aguinaga Fertilizer, Forest Floor Humus, (949)786-9558 2. Earthworks Washed Steer Humus (951)782-0260 3. Agromin Garden Humus (805)432-5265 4. Cal -Blend Leafpost (800)425-3631 5. Whittier Fertilizers Superior Compost (562)699-3461 6. Agri Service Humic Compost (760)643-4041 7. Or approved equal. 2.3 FINE SAND: A. Physical Properties (dry weight basis): Percent Passing Sieve Size 100% 4.76 mm (#4, 4 mesh) 95-100% 1.00 mm(#18, 16 mesh) 65-100% 500 micron(#35, 32 mesh) 0-50% 250 micron(#60, 60 mesh) 0-20% 105 micron(#140, 150 mesh) 0-5% 53 micron(#270, 270 mesh) B. Chemical Properties: 1. Salinity: The saturation extract conductivity shall not exceed 3.0 millimhos/cm @ 25degrees C. 2. Boron: The concentration in the saturation extract shall not exceed 1.0 PPM. 3. Sodium: The sodium adsorption ratio (SAR) as calculated from analysis of the saturation extract shall not exceed 6.0. 2.4 CHEMICAL ADDITIVES: The following additives may or may not be used depending on the outcome of the soil report. A. Ground Limestone: Agricultural limestone containing not less than 85% of total carbonates, ground to such fineness that 50% will pass #100 sieve and 90% will pass #20 sieve. B. Dolomite Lime: Agricultural grade mineral soil conditioner containing 35% minimum magnesium carbonate and 49% minimum calcium carbonate, 100% passing #65 sieve. "Kaiser Dolomite 65 AG" as manufactured by Kaiser, Inc. Mineral Products Department, or equal. C. Gypsum - Agricultural grade product containing 90% minimum calcium sulfate dihydrate. D. Iron Sulfate Ferrous: Supplied by a commercial fertilizer supplier, containing 20% to 30% iron and 35% to 40% sulfur. E. Soil Sulphur: " Sul -Fe/ Sulfur" as supplied by Red Star Fertilizer of Corona, CA. 91720. Tel (714) 597-4801, or approved equal. F. Sulphate of Potash: Agricultural grade containing 50% to 53% of water-soluble potash. October 8, 2021 APPENDIX A - 32 9113 - 5 Soil Preparation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD G. Single Superphosphate: Commercial product containing 20% to 25% available phosphoric acid. H. Triple superphosphate (0-45-0) - Commercial product containing 45% available phosphoric acid and 12% combined calcium. I. Ammonium sulfate (21-0-0) - Commercial product containing approximately 21% ammoniacal nitrogen and 24% combined sulfur.. J. Ammonium Phosphate: Commercial product containing approximately 18% ammonia. K. Calcium ammonium nitrate (27-0-0) - Commercial product containing approximately 13.5% ammoniacal nitrogen, 13.5% nitrate nitrogen and 20% dolomite. 1. Approved Manufacturers a) Yara b) Simplot L. Ammonium Nitrate: Commercial product containing approximately 34% ammonia. M. Calcium Nitrate: Agricultural grade containing 15-1/2% nitrogen. N. Urea Formaldehyde (N-Hro-Form): Granular commercial product containing 38% nitrogen. O. I.B.D.U. (Iso Butyldiene Diurea): Commercial product containing 31 % nitrogen. P. Soil Sulfur: Agricultural grade sulfur containing a minimum of 96% sulfur. Q. Iron Sequestrene: Geigy Iron Sequestrene 330 Fe. R. Gro -Safe: Herbicide absorbent as manufactured by American Norit Company of Jacksonville, FL, or approved equal. S. P.A.M. Soil Drain: Available from the Complete Green Co., of Los Angeles, CA 90025. Tel. (213) 475-3664, or approved equal. 2.5 Water: Clean, fresh and potable, furnished and paid for by Owner, when available through automated irrigation system. Water provided via the temporary utilities will be paid for by the Contractor. 2.6 Mycorrhizallnoculant: A. AM -120 as distributed by S&S Seed, Carpinteria, CA (805) 684-0436, or approved equal 1. The inoculum shall contain the species Glomus intraradices and shall have a live spore count of 100 propagules per ml. No antagonistic pathogens shall be present at significant levels. PART 3 - EXECUTION 3.1 PRE -PLANT WEED CONTROL [2 cycles] A. Clear and remove existing weeds by mowing and grubbing to at least 1/4 inch below the soil surface. B. Water area thoroughly and continuously for a period of 2 consecutive weeks. Employ a specific watering duration and frequency program designed to germinate all residual weeds. C. After sufficient weed germination is present, apply a post -emergent contact weed killer according to the directions of the manufacturer. D. Allow for a sufficient period of time to ensure that the weeds are dead and the weed killer has dissipated before applying a second weed kill. E. Water planting areas thoroughly and continuously for a period of 2 weeks. Discontinue the watering process for 1 day prior to the second application of the herbicide. F. Reapply the spraying operation with a straight contact weed killer according to the pest control adviser's recommendations. Avoid any irrigation for a minimum of 4 days for effective weed kill. APPENDIX A - 32 9113 - 6 October 8, 2021 Soil Preparation BALBOA BLVD. MEDIAN IMPROVMENTS 100% CD 3.2 SOIL PREPARATION: A. General: 1. Moisture Content: Do not work soil when moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form in air or that clods will not break readily. Apply water, if necessary, to bring soil to an optimum moisture content for tilling and planting. 2. Clearing of Debris: Clear all planting areas of stones 1 -in. diameter and larger, weeds, debris and other extraneous materials prior to amending existing soil. Lower the gravel content to 20% or less B. Preparation of Existing Soil: 1. Verification of Existing Grades: Verify that grades are within 1 in. plus or minus of the required finished grades. Report all variations to the Architect. 2. Clearing of Debris: Clear all planting areas of stones 1 in. diameter and larger, weeds, debris and other extraneous materials prior to amending existing soil or spreading imported topsoil. 3. Cultivation: Rip or cultivate all planting areas to a depth of 6 in. immediately prior to amending existing soil. Rototill to reduce soil clods to a maximum diameter of one (1") inch in the top six (6:) inches. 4. Trees to Remain: Hand cultivate within the dripline of existing trees to remain. Depth of cultivation shall not exceed 2 in. Cultivate immediately prior to amending existing soil. 3.3 SOIL CONDITIONING: A. Amending of Existing Soil: 1. Verification: Do not commence amending of existing soil prior to acceptance by Engineer of soil preparation. Amendment programs shall be based on Project Soils Consultants report as approved by Engineer. 2. Amend with the following materials, at the rates below per 1,000 square feet: 5 lbs. Ammonium Sulfate (21-0-0) 4 lbs. Yara or Simplot Ammonium Nitrate (27-0-0) 6 lbs. Potassium Sulfate (0-0-50) 4 lbs. Triple superphosphate (0-45-0) 15 lbs. Gypsum 3 C.Y. Organic amendment (sufficient amount to provide soil organic matter in the range of 4% to 7% on a dry weight basis) 6 Cups Endomycorrhizal Inoculum (Sufficient to achieve 83,000 live propagules per 1,000 sf) 3. Incorporation of Amendments: Incorporate thoroughly with top 6 in. of soil layer and bring amended soil to finish grades and elevations shown on Drawings. Do not work soils under muddy conditions. 4. Thoroughly roto -till amendments into the soil to a six (6") inch depth. 5. Wet the soil to a six (6") inch depth. 6. When the soil has dried sufficiently to work, thoroughly re-rototill the top six (6") inches. October 8, 2021 APPENDIX A - 32 9113 - 7 Soil Preparation BALBOA BLVD. MEDIAN IMPROVMEN i 100% CD 7. Mycorrhizal Inoculum may be applied with the initial amendments or prior to the second rototilling, but in either condition it shall be worked into the top six (6") inches of soil a) Inoculum shall be applied at a rate sufficient to achieve 83,000 live propagules per 1,000 sf of surface, based on the supplier or an analysis returned by an independent laboratory. B. Spreading of Topsoil: 1. Verification: Do not commence spreading of (imported topsoil) prior to acceptance by Landscape Architect of soil preparation. 2. Topsoil Depth: Minimum depth of 6 in. after natural settlement and light rolling and shall conform to finished grades and elevations shown on Drawings. 3. Placement: Do not place topsoil under muddy or frozen conditions. C. Amending of Imported Topsoil: 1. Application: Incorporate per 1,000 square 6 cu. yd. Nitrogen ', eated Sawdust 30 lbs. 6-20-20 Commercial Fertilizer 5VI abs. Dolomite Lime 10 lbs. Iron Sulfate 6 Cups Endomycorrhizal Inoculum (Sufficient to achieve 83,000 live propagules per 1,000 sf) 2. Intent: The above amendments and quantities are approximate and are for bidding purposes only. Following an on-site topsoil analysis by the approved Soils Testing Laboratory, composition of amendments may change. Contract Price will be adjusted accordingly. D. Amending of Soil for backfilling trees and container plants: 1. Amend with the following materials, at the rates below per cubic yard: Ammonium sulfate (21-0-0) 1/4ound 1/4 Yara or Simplot calcium p pound ammonium nitrate (27-0-0) Potassium sulfate (0-0-50) 1/3 pound Triple superphosphate (0-45-0) 1/4 pound Gypsum 1 pound Organic amendment 15% by volume, sufficient amount to provide soil organic matter in the range of 4% to 7% on a dry weight basis 2. Clearing of Debris: Clear all planting areas of stones 2 in. diameter and larger, weeds, debris and other extraneous materials prior to amending existing soil or spreading imported topsoil. 3. Where excavation encounters sand inteiidce within depth of excavation, blend sand, topsoil in equal proportions and then amend prior to amending the remaining topsoil. 3.4 DRAINAGE OF PLANTING AREAS: A. Surface Drainage: APPENDIX Soil Preparation October 8, 2021 BALBOA BLVD. MEDIAN IMPROVMEN 100% Cu 1. Discrepancies: Provide proper surface drainage of planted areas. Submit in writing all discrepancies in the Drawings or Specifications, or prior work done by others, which Contractor feels precludes establishing proper drainage. 2. Correction: Include description of work required for correction or relief of said condition. B. Detrimental Drainage, Soils and Obstructions: 1. Notification: Submit in writing all soils or drainage conditions considered detrimental to growth of plant materials. State condition and submit proposal and cost estimate for correcting condition. 2. Correction: Submit for acceptance a written proposal and cost estimate for the correction before proceeding with work. 3. Obstructions: If rock, underground construction work, tree roots or other obstructions are encountered in the performance of work under this section, submit cost required to remove the obstructions to a depth of not less than 6 in. below the required soil depth. 3.5 CLEAN-UP: A. Keep all areas of work clean, neat and orderly at all times. B. Clean up and remove all deleterious materials and debris from the entire work area prior to Final Acceptance to the satisfaction of Engineer. END OF SECTION October 8, 2021 APPENDIX A - 32 9113 - 9 Soil Preparation BALBOA BLVD. MEDIAN IMPROVEM: 100% SECTION 32 9300 TREES, SHRUBS, VINES AND GROUNDCOVER PART 1 - PART 1 - GENERAL 1.1 DESCRIPTION: A. Related Requirements: 1. 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 -7016-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. 1.2 Work Included: 1. Excavation of plant pits and beds 2. Obtain plant materials 3. Provide related items 4. Provide plant materials and related items 5. Provide concrete mow strip, and root control barriers 6. Warranty and replacements 1.3 Related Work in Other Sections: 1. Section 32 8000 — Irrigation 2. Section 32 9113 — Landscape Soil Preparation 3. Section 32 9353 — Palm Trees 4. Section 32 9800 — Landscape Establishment 1.4 QUALITY ASSURANCE: A. Qualification of the Contractor: Contractor for landscape installation work shall meet the following experience requirements 1. They shall have a minimum of 8 years of experience installing landscape & irrigation. 2. Their capabilities are sufficient to self -perform 80% of the total scope of the contract. 3. Their capabilities include the ability to perform all the normal maintenance activities associated with the project. 4. They can provide references for at least five similar projects. For the purposes of this specification a similar project will be defined as having: a) A project executed for a government agency or municipality. b) A project with streetscapes for a government agency or municipality. c) A contract value for landscape and irrigation in excess of $350,000. B. Certificates: 1. Submit certificates of inspection required by law for transportation of each shipment of plants, along with invoice. 2. File copies of certificates after acceptance of material. Inspection by Federal or State Governments at place of growth does not preclude rejection of plants at project site. C. Applicable Standards: Apply standards for plant materials as described in the following: APPENDIX A - 32 9300 - 1 Trees, Shrubs and Groundcover BALBOA BLVD. MEDIAN IMPROVEIV 100%, 1. An Annotated Checklist of Woody Ornamental Plants of California, Oregon and Washington, (Number 4091), McClintock and Leiser, Division of Agricultural Sciences, University of California, 1979. 2. American Standard for Nursery Stock, 1980 Edition, American Association of Nurserymen, Inc. 3. Hortus III - 1976 Edition, Bailey Horatorium, Cornell University. D. Testing Agency: Wallace Laboratories, 365 Coral Circle, EI Segundo, CA 90245. Tel (310) 615-0116, Attn: Mr. Garn Wallace, Ph. D. 1.5 JOB CONDITIONS: A. Protection of Existing Plants to Remain: 1. Operations: Do not store materials or equipment, permit burning, or operate or park equipment under the branches of all existing plants to remain except as actually required for construction in those areas. 2. Barriers: Provide protection in accordance with Plans. 3. Notification: Notify Engineer when Contractor feels other construction activities may damage existing plants to remain. B. Replacement of Damaged Plants: 1. Replacement: Replace existing plants to remain which are damaged during construction with accepted plants of the same species and size as those damaged at no cost to Owner. 2. Engineer Role: Determine extent of damage and value of damaged plants. 1.6 SUBMITTALS: A. Material Samples and Literature: Submit requested items at least sixty (60) days prior to delivery to site. Attach product name, address of manufacturer and/or supplier and appropriate literature to each sample. Literature or Product Data shall consist of manufacturer's current specifications, with catalog cuts, data sheets and installation instructions. 1. Tree Ties: One (1) for each type (sample). 2. Wood Chip Mulch: One (1) gallon (sample) with chemical analysis. 3. Root Control Barriers: Manufacturer's literature. 4. Tree and Shrub Planting Fertilizer: Literature B. Plant Material Samples: Submit documentation within thirty (30) days after award of Contract that all plant materials have been located and are ready to be secured. The City has already identified and tagged all trees and the Contractor shall be responsible for purchasing only those trees. Trees can be found at the following nurseries: Ulmus 'True Green' trees at Norman's Nursery in San Gabriel, California; Arbutus Marina trees at Sunny Slope Trees in Orange, California. Arrange specific review procedure of other plant materials at time of submission. Submittals and review shall be organized as follows: 1. Preliminary Review: Submit representative photographs for review of all plant materials (other than the tagged trees) in the required sizes and in available quantity at least ninety (90) working days prior to shipment to the site. a) Submittal shall include two (2) items per plant: 1) a minimum of one color 35mm photograph mounted on of white paper and 2) one color photocopy of the mounted APPENDIX A - 32 9300 - 2 Trees, Shrubs and Groundcover October 8, 2021 C D. 1.7 1.8 /0 [:; BALBOA BLVD. MEDIAN,,. sheat, Include one The8 1/n l 11' (1) set for each plant type and size required for the pry Taming: The and Botanical and address of the Supplier, Engineer may elect to review English name of the size � grorth. Upon review plant. willbe selected for fieldnd acceptance ptance any °f the material at the Of plant material Photograph, place o arrange the review by the Engineer. The g ph' specific items tagging plants at review Plaand he shall accompany Landscape Contractor shall growth and u pang the Architect for An tagging Of plant material b Pon delivery all reviews and y the Engineer d Sfor conformity to specifications. theplant materials' health not constitute his a the�Ole res and vigor. The health and c) Photographpossibility a the Contractor. vigor of the approval of Acceptance plant material is ph grdoes not and Nursery Review: Acceptance of material through Engineer reserves the right to refuse ry material upon delivery, grave if, i judgment suitable review from photo ra shall insure material or sufficient g phs °C at the trip$ are arras a sufficient quantit quantities are not available. The Engineer reserves nurse y °f Plants will be available nursery for the Pur. Oses of tagging whenever The E y O f the right to refuse ins h material for the Plant material at that time is Pection if in his ' project. d) Unavailable Material: not available for inspection a sufficient obtainable, a If Proof is submitted Pection proposal will be considered for that any plant specified var.ty with correspondinadjustment use of the uivlnt is not wriT�g n i later than corresponding (d5) t ant of nearest equivalent size or Contract price. Substantiate such e) Disfant Material: Submit y after Planting proof in Pri-S nina photographs g submittal. ry review. Such review p With a person adjacent to duriig progress of the shall not impair the right Plants for f) Spial Conditions: work. ght of review and rejection The above provisions shall not relieve resyonsibilit Y of obtaining specified materials in Contractor of the cOrd materials. arrangements must be advance if special growing order to supply specified Test Reports: Cie 1 ( ) copy to be sent by Y testing laboratory directly to Engineer. Scheele: All products in this section included in one (f) Division 32 submittal Package. which are required for submittal shall be WORK SCHEDULE: Proceed with tie work limitations for as the site becomes PI work. available, consistent PROD with normal seasonal UCT DELIVERY, STORAGE AND HANDLING: Labeling: Furnish standard labels legibly rnis in products in manufacturer's 9 quantity, analysis, standard genus/species and name containers bearing original Storage: Store products with protection fro °f manufacturer/grower. or impair the effectiveness m weather or other conditions, months with tem, °f the product. Protect metal containers from so would I}eratures above 80 degrees F. ng damage during summer October 208 21 APPENDIX A - 32 9300 Trees, Sh- 3 rubs and Groundcover BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD C. Handling: Do not lift or handle container plants by tops, stems or trunks at any time. Do not bind or handle plants with wire or rope at any time. D. Architect/Representative to inspect shrubs/trees upon delivery. E. Anti -Desiccant: At Contractor's option, spray all evergreen or deciduous plant material in full leaf immediately before transporting with anti -desiccant. Apply an adequate film over trunks, branches, twigs and foliage. 1.9 ANALYSES OF SAMPLES AND TESTS: A. Sampling: Right is reserved to take and analyze samples of materials for conformity to specifications at any time. Furnish samples upon request. B. Rejected Materials: Remove rejected materials immediately from the site at Contractor's expense. Pay cost of testing of materials not meeting specifications. 1.10 ESTABLISHMENT PERIOD AND FINAL ACCEPTANCE: See Landscape Establishment - Section 32 9800. 1.11 WARRANTY PERIOD: A. Warranty: Warrant in writing that all trees, shrubs, groundcover, and vines planted under this Contract will be healthy and in flourishing condition of active growth one (1) year from date of Final Acceptance and notice of substantial completion. Plants and trees planted significantly earlier than the notice of substantial completion, may be released to the warranty period at the request of the contractor and sole discretion of the Engineer. B. Delays: All delays in completion of planting operations that extend the planting into more than one planting season shall extend the Warranty Period correspondingly. C. Condition of Plants: Plants shall be free of dead or dying branches and branch tips, with all foliage of a normal density, size and color. D. Replacements: As soon as weather conditions permit, replace within 10 calendar days, , without cost to Owner all dead plants and all plants not in a vigorous, thriving condition, as determined by Architect during and at the end of Warranty Period. E. Exclusions: Contractor shall not be held responsible for failures due to neglect by Owner, vandalism, etc., during the Warranty Period. Report such conditions. 1.12 REPLACEMENTS: A. General: 1. Plant materials exhibiting conditions that are determined as being unacceptable due to workmanship by the Contractor shall be repaired and/or replaced within 10 calendar days at no additional cost to the Owner. 2. Closely match replacements to adjacent specimens of the same species. Apply all requirements of this Specification to all replacements. APPENDIX A - 32 9300 - 4 October 8, 2021 Trees, Shrubs and Groundcover BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD PART 2 -PRODUCTS 2.1 PLANT MATERIALS: A. General: 1. Growing Conditions: Plants shall be nursery -grown in accordance with good horticultural practices under climatic conditions similar to those of project for at least two years unless otherwise specifically authorized. 2. Appearance: All plants shall be exceptionally heavy, symmetrical, tightly knit, so trained or favored in development and appearance as to be superior in form, number of branches, compactness and symmetry. 3. Vigor: Plants shall be sound, healthy and vigorous, well branched and densely foliated when in leaf. They shall be free of disease, insect pests, eggs, Plants shall be free from physical damage or adverse conditions which would prevent thriving growth. 4. Container Stock: Verify that all container stock has been grown in the containers in which delivered for at least six (6) months, but not over two (2) years. Samples must prove to be free of kinked, circling or girdling roots and with no evidence of a pot-bound condition. Do not install container plants that have cracked or broken balls of earth when taken from container. 5. Plant material shall be grown under climatic conditions similar to those in the locality of the project unless approved otherwise by the Owner's Authorized Representative 6. The use of plant material larger than that specified on the Drawings may be used, pending approval from the Owner's Authorized Representative, however, there will be no change in the Contract amount if the larger plant material is approved and used. B. Measurements: 1. General: Measure plants when branches are in their normal upright position. Height and spread dimensions specified refer to main body of plant and not branch tip to tip. Take caliper measurement at a point on the trunk six (6") inches above natural ground line for trees up to four (4") inches in caliper and at a point twelve (12") inches above the natural ground line for trees over four (4") inches in caliper. 2. Brown Trunk Height (BTH) shall be defined by the American Society of Nurserymen, and approved by the American National Standards Institute., consisting of the measurement from finish grade to the Base of the heart leaf [newest emerging spear]. 3. Size Range: If a range of size is given, do not use plant materials less than the minimum size. Not less than forty (40%) percent of the plants shall be as large as the maximum size specified. The measurements specified are the minimum size acceptable and are the measurements after pruning, where pruning is required. Plants that meet the measurements specified, but do not possess a normal balance between height and spread shall be rejected. 4. Substitutions: Substituted plants shall be true to species and variety and shall conform to measurements specified except that plants larger than specified may be used if accepted. Use of such plants shall not increase Contract price. If larger plants are accepted, increase the ball of earth in proportion to the size of the plant. C. Pruning: Do not prune plants before delivery. For pruning after installation, see Section 32 9800- Landscape Establishment. October 8, 2021 APPENDIX A - 32 9300 - 5 Trees, Shrubs and Groundcover BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD D. Condition: Trees which have multiple leaders, unless specified, or damaged or crooked leaders, will be rejected. Trees having a main leader shall not have been headed back. Trees with abrasions of the bark, sunscalds, disfiguring knots, or fresh cuts of limbs over three-quarter (3/4") inch which have not completely callused, will be rejected. 2.2 BACKFILL MIX FOR ON -GRADE PLANT PITS: See Soil Preparation - Section 32 9113. 2.3 TREE, SHRUB AND VINE PLANTING FERTILIZER: "Agriform" 21 gram tablets with 20-10-5 (N -P -K) formula as manufactured by Sierra Chemical Company, Milpitas, California. Tel (408) 263-8080, or accepted equal. 2.4 P.A.M. "SOIL DRAIN" SOLUTION PREPARATION (If required after soil tests): A. PAM "Soil Drain" shall be 250 -PPM solution. 1. Tank Method: Two (2 lbs.) pounds "Soil Drain" per 1,000 gallons of water. 2. Barrel Method: One-quarter (1/4) cup "Soil Drain" per 30 gallons water. B. Mixing: 1. Add "Soil Drain" powder slowly into stream jet of water into partially filled container. Agitate continuously while filling with hose. 2. After container is full, continue to agitate solution in container for complete dissolving. 2.5 STAKING MATERIALS: A. Tree Stakes: Lodgepole Pine with ten (10") inch tapered driving point and chamfered top, treated with copper napthanate or pentachloraphenol to heartwood, green color, as manufactured by C&E Lumber Company of Pomona, CA. Tel (714) 626-3591, or accepted equal. B. Ties: Thirty-six (36") inch type. V.I.T. Company, Inc. 15561 Product Lane, D-4, Huntington Beach, California 92649. Tel (714) 891-8338 or approved equal. 2.6 GUYING MATERIALS: A. Subterranean Rootball Guying system 1. Duckbill Rootball Kit 68 RBK for 48" box trees and smaller 2.7 VINE SUPPORTS: A. Anchors: Galvanized metal or plastic epoxy fastening type as approved. B. Tape: Polyethylene tape, one-half (1/2") inch width. 2.8 ROOT CONTROL BARRIERS — Universal Barrier, Type #UB24-2, "Deep -Root". Tel (415) 437-9700 or approved equal. Install root barriers if tree is located within 5 feet of hardscape. 2.9 WATER: APPENDIX A - 32 9300 - 6 October 8, 2021 Trees, Shrubs and Groundcover BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD A. Clean, fresh and potable. B. Transport as required. 2.10 WOOD CHIP MULCH: A. "Forest Floor® tree and shrub trimmings, '/2" inch to 1 '/2 " inch diameter free of sticks, dirt, dust and other debris nitrogen stabilized, as accepted. B. Manufacturer: Aguinaga Fertilizer Company, Inc. Irvine, CA (949) 786-9558, or approved equal. 2.11 ANTI -DESICCANT: A. Anti -desiccants for retarding excessive loss of plant moisture and inhibiting wilt shall be sprayable, water insoluble vinyl-vinyledine complex which will produce a moisture retarding barrier not removable by rain. B. Wilt-pruf Formula NCF as manufactured by Nursery Specialty Products, Greenwich, Connecticut, or approved equal. 2.12 GEOTEXTILE (FILTER FABRIC) A. Mirafi FW700 geotextile soil separator available from Whitecap (714)258-3300, or approved equal. 2.13 ARBOR GUARD A. Tree Guard, as manufactured by Deep Root Inc (415) 437-9700, or approved equal. 2.14 WEED BARRIER FABRIC A. Permeable weed barrier fabric "Typar" as manufactured by Reemay, (800) 257-6687 or approved equal. 2.15 DRAINAGE AND SUBDRAINAGE MATERIAL: See Soil Preparation - Section 32 9800. 2.16 EROSION CONTROL MATERIALS A. Blankets: Biodegradable wood excelsior, straw, or coconut -fiber mat enclosed in a photodegradable plastic mesh. Include manufacturer's recommended steel wire staples, 6 inches (150 mm) long. B. Fiber Mesh: Biodegradable twisted jute or spun -coir mesh, 0.92 Ib per sq. yd. (0.5 kg per sq. m) minimum, with 50 to 65 percent open area. Include manufacturer's recommended steel wire staples, 6 inches (150 mm) long. 2.17 BACKFILL FERTILIZER MATERIAL A. Gro -Power Plus Available at Gro -Power (909) 393-3744, or approved equal. uctooer u, 1021 APPENDIX A - 32 9300 - 7 Trees, Shrubs and Groundcover BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD PART 3 - EXECUTION 3.1 PREPLANT REVIEW: A. General: Do not commence planting work prior to acceptance of soil preparation. B. Finish Grades: Finish grades for all planting areas shall have been established in another section. Verify that all grades are within one (1") inch plus or minus of required finish grade and that all soil amendments have been installed as specified under Section on Soil Preparation. C. Notification: Submit written notification of all conditions inconsistent with specifications for soil preparation and mixing as described in Soil Preparation - Section 02920. 3.2 UNDERGROUND UTILITIES A. For each tree that is within 10' of an underground utility line, prior to excavation, mark utility locations clearly. After excavation is complete, renew markings prior to subsurface guying operations. 3.3 DRAINAGE OF PLANTING AREAS: A. Surface Drainage: Maintain positive surface drainage of planted. B. Discrepancies: Submit in writing, all discrepancies in the Drawings or Specifications, obstructions on the site, or prior work done by others, which Contractor feels precludes maintaining proper drainage; include description of all work required for correction or relief of said discrepancies. C. Detrimental Drainage, Soils and Obstructions: 1. Notification: Supply written notification of all conditions detrimental to growth of plant material. State condition and submit proposal and cost estimate for correcting condition. 2. Testing: a) Shrub Pits: Test drainage of planting selected planting pits by filling with water twice in succession. b) Tree Pits: Contractor is to perform a tree pit percolation test (for trees larger than 15 gallon only) in each tree pit prior to planting the tree. Fill the tree pit to the top with water. If the water has not drained by more than 95% within 24 hours, do not plant the tree and bring this to the immediate attention of the Owner's Authorized Representative. The Contractor may be required to either dig a substitute plant pit or to install a drainage sump in the existing plant pit. Substitute plant pits are the responsibility of the Contractor under the Base Bid. Drainage sumps are not part of the Base Bid and compensation will be awarded to the Contractor based on the Construction Agreement. c) Give written notification of conditions permitting the retention of water in planting beds for more than twenty-four (24) hours. 3. Correction: Submit for acceptance a written proposal and cost estimate for the correction before proceeding with work. 3.4 Obstructions: If rock, underground construction work, tree roots or other obstructions are encountered in the excavation of plant pits, alternate locations may be used as directed. Where locations cannot APPENDIX A - 32 9300 - 8 October 8, 2021 Trees, Shrubs and Groundcover BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD be changed, submit cost required to remove the obstructions to a depth of not less than six (6") inches below the required pit depth. Proceed with work after acceptance. 3.5 LAYOUT AND EXCAVATION OF PLANTING AREAS: A. Layout and Staking: Lay out plants at locations shown on Drawings. Use color -coded wire flags for each specie of plant material. Stake each tree, vine and major shrub. Outline shrub and groundcover beds with lime. Locations of plants will be checked in the field by the Engineer and may be adjusted to exact position before planting begins. Right is reserved to refuse review at this time if, in his opinion, a sufficient quantity of plants is not available. B. Plant Pits: Excavate container -grown tree and shrub pits to the dimensions shown on details. 3.6 ROOT CONTROL BARRIERS: Install per manufacturer's most recent written installation instructions. Install per manufacturer's most recent written installation instructions in all locations where the trunk of the tree is within 5 feet of any adjacent hardscape or paving, and in locations shown on plans. Install at back of curb and along sidewalks to create the largest root area possible. Install sufficient material to reach full extent of future canopy - dripline to dripline. 3.7 BACKFILL MIX FOR SHRUBS AND TREES (On -grade Planting Areas) A. The following backfill mix is for bid price basis only. Final backfill recommendations will be made only after rough and fine grading operations are completed and horticultural soil testing has been performed and paid for by the Contractor and approved by the Engineer. 1. 7 parts by volume on-site soil. 2. 3 parts by volume nitrolized stabilized Fir bark. 3. 2 lbs. iron sulfate per cubic yard of mix. 4. 18 lbs. of Gro -Power Plus per cubic yard of mix. 5. Planting tablets - quantity based on size of plant. B. Thoroughly blend the backfill mix prior to placement. C. Do not apply iron sulfate over paved materials since severe staining is likely to occur 3.8 PLANTING OPERATIONS: A. General: 1. Protect plants at all times from sun or drying winds. 2. Keep plants that cannot be planted immediately upon delivery in the shade, well protected and well watered. B. Handling of Plant Materials: 1. Remove canned stock carefully after cans have been cut on two sides with accepted cutter. Do not use spade to cut cans. 2. Lift and handle plants only from the bottom of the ball. If root ball is cracked or broken during handling, plant shall be rejected. October 8, 2021 APPENDIX A - 32 9300 - 9 Trees, Shrubs and Groundcover BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD C. Installation: 1. Pit Preparation: Add the appropriate amount of backfill mix to the bottom of the plant pit and blend into the existing soil. Tamp and compact mix. 2. Positioning: After removing plant from container, scarify side of root ball to prevent root - bound condition and position plant in planting pit. 3. Backfilling: Use backfill mix to backfill on -grade plant pits. Set each plant plumb and brace rigidly in position until planting soil has been tamped solidly around the ball and roots. When plant pits have been backfilled approximately 2/3 full, water thoroughly and saturate root ball, before installing remainder of the backfill mix to top of pit, eliminating all air pockets. 4. Staking and/or Guying: Stake or guy as outlined below. 5. Fertilizer Tablets: Place evenly distributed in plant pits when backfilled 2/3 according to the following schedule: a) 1 gallon can - 2 tablets b) 5 gallon can - 4 tablets c) 15 gallon can - 6 tablets d) 24" box - 8 tablets e) 36" box - 10 tablets f) 48" box - 12 tablets g) 60" box - 14 tablets D. Adjustment: Adjust plants so that after full settlement has occurred, the natural grade at the base of the plants is two (2") inches above the adjacent planting finish grade. E. Watering Basin: Form saucer with four (4") inch high berm centered on tree and shrub pits twelve (12") inches wider than ball diameter. Do not form saucer around trees in lawn areas. F. Watering: Water all plants immediately after planting. G. Labels: Remove all nursery -type plant labels from plants. 3.9 STAKING AND GUYING: A. General: 1. Trees shall be able to stand upright without support, and shall return to the vertical after their tops have been deflected horizontally and released. All plant materials shall remain plumb and straight for all given conditions from installation through the guarantee period. 2. Trees supplied with well -tapered, strong trunks which will stand-alone may be staked with two (2) stakes and tied per this section. 3. Tree support, if required, shall be done as outlined on the following tables. B. Staking: Stake all trees under 36" box in accordance with the following table: Tree Caliper @ 12" Number of Stakes Stake Size Above grade 24" box 2 2" diameter X 8' min. APPENDIX A - 32 9300 - 10 October 8, 2021 Trees, Shrubs and Groundcover BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD 1. Locate stakes in a line with trunk of tree, perpendicular to prevailing wind and as close to the main trunk as is practical, avoiding root injury. Drive stakes at least thirty-six (36") inches into firm ground. 2. Remove tree from nursery -supplied stake and tie to new stakes using two accepted tree ties. Find proper height for point of tree ties and attach as follows: a) Hold trunk in one hand, pull top to one side and release. Height at which trunk will snap back to upright is Base Height. Attach tree ties to trunk six (6") inches above Base Height. b) Nail V.I.T. ties to stakes per manufacturer's most recent published instructions. Cut off any remaining stake after total securement to within two (2") inches of upper tree tie. C. Guying: 1. Manufactured Product: Install per manufacturer's instructions unless modified by the Engineer. 2. Guy all trees 36" Box and larger. 3.10 PRUNING: See Landscape Establishment - Section 32 9800. 3.11 MULCHING: A. MULCH INSTALLATION 1. Evenly spread mulch throughout all designated planting areas to the depth indicated on the Drawings. 2. Protect all plants during the installation of mulch. Plants damaged during this operation shall be replaced at the Contractor's expense. 3. Do not contaminate the shell mulch with the soil. Contaminated shell mulch shall be corrected either by removal and replacement or by washing at the Contractor's expense. 3.12 GROUNDCOVER PLANTING: A. Tilling: Surface soil in areas to be planted with groundcover shall be tilled to a depth of six (6") inches. Planting soil amendments should be uniformly broadcast and thoroughly incorporated to a depth of six (6") inches by means of roto -tiller or approved equal. B. Planting: Plant groundcover plants at optimum depth for proper growth. Avoid air pockets. Equally space triangularly, at distances called for in the Drawings. C. Watering: Water bed thoroughly after fertilizer application. Wash all fertilizer from leaves of plant materials. 3.13 WEED CONTROL FABRIC INSTALLATION A. Verification of Existing Grades: Verify that grades are within 1 in. plus or minus of the required finished grades. Report all variations to the Engineer. B. Clearing of Debris: Clear all planting areas of stones 2 in. diameter and larger, weeds, debris and other extraneous materials prior to placing weed control fabric. C. Place and tack weed control fabric per manufacturer's recommendations. LVL I APPENDIX A - 32 9300 - 11 Trees, Shrubs and Groundcover BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD 3.14 EROSION CONTROL MATERIALS INSTALLATION A. Protect planted slopes exceeding 1:6 against erosion with jute or coir -fiber erosion -control mesh installed and stapled according to manufacturer's recommendations. 3.15 CLEAN-UP A. Keep all areas of work clean, neat and orderly at all times. B. Clean up and remove all deleterious materials and debris from the entire work area prior to Final Acceptance. END OF SECTION APPENDIX A - 32 9300 - 12 October 8, 2021 Trees, Shrubs and Groundcover BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD SECTION 329353 PALM TREE PLANTING PART 1 — GENERAL 1.1 DESCRIPTION: A. Related Requirements: 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 -7016-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. B. Work included in this Section 1. Excavation of plant pits and beds 2. Obtain plant material 3. Palm tree planting 4. Palm tree staking, as necessary 5. Application of fertilizers and foliar drench 6. Warranty and replacements C. Work related in other Sections: 1. Section 32 8000 — Irrigation 2. Section 32 9113 — Landscape Soil Preparation 3. Section 32 9300 — Trees, Shrubs, Vines and Groundcovers 4. Section 32 9800 — Landscape Establishment 1.2 PROTECTION OF IMPROVEMENTS AND UTILITIES: A. Take extreme care in planting palm trees around improvements and utilities. Be responsible for repairing utilities which are damaged by Contractor's operations or neglect. 1.3 QUALITY ASSURANCE A. Certification: 1. Submit certificates of inspection required by law for transportation of each shipment of plants, along with invoice. 2. File copies of certificates after acceptance of material. Inspection by Federal or State Governments at place of growth does not preclude rejection of plants at project site. B. Applicable Standards: Apply standards for plant materials as described in the following: 1. An Annotated Checklist of Woody Ornamental Plants of California, Oregon and Washington, (Number 4091), McClintock and Leiser, Division of Agricultural Sciences, University of California, 1979. 2. American Standard for Nursery Stock, 1980 Edition, American Association of Nurserymen, Inc. 3. Hortus III - 1976 Edition, Bailey Horatorium, Cornell University. C. Testing Agency: Wallace Laboratories, 365 Coral Circle, EI Segundo, CA 90245. Tel (310) 615-0116, Attn: Mr. Garn Wallace, Ph. D. October 8, 2021 APPENDIX A - 00 32 9353 PALM TREE PLANTING BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD 1.4 SCHEDULING OF PALM TREE DELIVERY: A. Contact Owner a minimum of 5 days prior to requesting delivery of palm trees. 1.5 JOB CONDITIONS: A. Protection of Existing Plants to Remain: 1. Operations: Do not store materials or equipment, permit burning, or operate or park equipment under the branches of all existing plants to remain except as actually required for construction in those areas. 2. Notification: Notify Architect when Contractor feels other construction activities may damage plants. B. Replacement of Damaged Plants: 1. Replacement: Replace existing plants to remain which are damaged during construction with accepted plants of the same species and size as those damaged at no cost to Owner. 2. Landscape Architect Role: Determine extent of damage and value of damaged plants. 1.6 SUBMITTALS: A. Material Samples and Literature: Submit requested items at least sixty (60) days prior to delivery to site. Attach product name, address of manufacturer and/or supplier and appropriate literature to each sample. Literature or Product Data shall consist of manufacturer's current specifications, with catalog cuts, data sheets and installation instructions. 1. Root Control Barriers: Manufacturer's literature. 2. Planting Fertilizer: Literature B. Plant Material Samples: Submit documentation within thirty (30) days after award of Contract that all plant materials have been located and are ready to be secured. Arrange specific review procedure of plant materials at time of submission. Submittals and review shall be organized as follows: 1. Preliminary Review: Submit representative photographs for review of all plant materials in the required sizes and in available quantity at least ninety (90) working days prior to shipment to the site. a. Submittal shall include two (2) items per plant: 1) a minimum of one color 35mm photograph mounted on of white paper and 2) one color photocopy of the mounted sheet. Include one (1) set for each plant type and size required for the project. The 8 1/2" x 11" sheet is to include the name and address of the supplier, size of the plant in the picture and Botanical and English name of the plant. b. Tree photographs shall include a person or device to determine scale. Tagging: The Architect may elect to review any of the material at the place of growth. Upon review and acceptance of plant material photograph, specific items will be selected for field review by the Architect. The Landscape Contractor shall arrange the review and he shall accompany the Architect for all reviews and tagging plants at place of growth and upon delivery for conformity to specifications. Photograph Acceptance and Nursery Review: Acceptance of material through photographs does not preclude rejection of unsatisfactory material upon delivery. The Architect reserves the right to refuse review from photographs or at the grower if, in his judgment suitable material or sufficient quantities are not available. Contractor shall October 8, 2021 APPENDIX A - 00 32 9353 PALM TREE PLANTING BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD insure a sufficient quantity of plants will be available whenever trips are arranged to a nursery for the purposes of tagging material for the project. 4. Unavailable Material: If proof is submitted that any plant specified is not obtainable, a proposal will be considered for use of the nearest equivalent size or variety with corresponding adjustment of Contract price. Substantiate such proof in writing no later than fifteen (15) days after award of contract. 5. Distant Material: Submit photographs with a person adjacent to plants for preliminary review. Such review shall not impair the right of review and rejection during progress of the work. 6. Special Conditions: The above provisions shall not relieve Contractor of the responsibility of obtaining specified materials in advance if special growing conditions or other arrangements must be made in order to supply specified materials. C. Test Reports: One (1) copy to be sent by testing laboratory directly to Architect. D. Submittal Schedule: All products in this section which is required for submittal shall be included in one (1) Division 2 submittal package. 1.7 DELIVERY AND PROTECTION OF PALM TREES: A. Unloading: Unload palm trees as carefully as possible to minimize root, trunk and frond damage. B. Storage and Protection: If palm trees cannot be planted immediately upon delivery to job site, store palm trees in a protected and "heeled -in" location. Take extra scheduling measures with other project subcontractors to minimize time that palms are "heeled -in." 1.8 COORDINATION: A. Notify other trades related to installation of palm trees in ample time, so as to allow sufficient time for those contractors to perform their portion of work. 1.9 GUARANTEE: A. Guarantee palm trees against poor, inadequate, or inferior workmanship for a period of 2 years following planting and Final Acceptance by Owner. Retain Labor and Materials bonds as a warranty. B. During 2 -year guarantee period, remove palm trees that are found dead or not in a satisfactory growth condition from site and replace with new at no cost to Owner. Replaced palm trees are to be purchased and delivered to jobsite by Contractor. C. Remove palm trees requiring replacement before scheduled 2 year guarantee period and replace along with adjacent disturbed improvements, i.e. irrigation, paving, lighting, planting, etc. at no expense to Owner, with same level of quality as originally indicated on Drawings and installed on site. D. Guarantee newly planted palms, for a period of 2 years from date of Final Acceptance. E. Guarantee palms to be healthy and free from fungus or vascular infections. PART 2—PRODUCTS October 8, 2021 APPENDIX A - 00 32 9353 PALM TREE PLANTING BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD 2.1 PALM BACKFILL SOIL A. Consisting of #16 silica sand consisting of following qualities: 1. Good water retention. 2. Good percolation for excess water. 3. Low in salts and boron. In no cases is boron allowed to measure greater than 1 PPM as measured on saturation extract method. B. In order to ensure conformance to this Section, provide soil sample testing of backfill soil when requested by Owner's Authorized Representative. Testing of these samples to be paid for by Contractor. 2.2 FERTILIZER A. Root Growth Stimulant: 1. Vitamin B-1. a. Acceptable Manufacturers: 1) Cal Liquid. 2) Cooke. 3) Chican. 4) Ortho. B. Palm Tree Fertilizer: 1. Consisting of following minimum percents by weight: 9% Nitrogen. 3% Phosphoric Acid. 9% Potash. 3% Calcium. 4% Magnesium. 2% Iron. 5% Humic Acids. 2. Acceptable Manufacturers: a. Gro -Power Palm and Tropical Fertilizer (909) 393-3744. C. Palm Frond Foliar Drench: 1. Acceptable Manufacturers with following rates for a 100 gallon tank mix: a. Cleary 3336 (8 oz). b. Nufarm T -Methyl E -Pro 50 WSB (8 oz.). PART 3 — EXECUTION 3.1 FINE ROUGH GRADE CERTIFICATION: A. Obtain Owner's written certification indicating final fine grade has been set to plus or minus 0.10 -inch prior to commencing palm tree pit excavation. 3.2 PALM TREE PIT EXCAVATION: A. Excavate palm tree pits with vertical sides at a size that is twice diameter of rootball and at least 12 -inches below rootball. Do not plant palm trees below palm trees original grade line. 3.3 PLANT PIT PERCOLATION TESTING October 8, 2021 APPENDIX A - 00 32 9353 PALM TREE PLANTING BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD A. Within 72 hours of planting trees, fill each palm tree pit with water. If water has not drained by more than 95% within 24 hours, do not plant palm trees. Bring this condition to Owner's Authorized Representative immediately. B. If such conditions are incurred, either dig a substitute plant pit or install a deeper drainage sump in palm tree pit. Substitute plant pits are responsibility of Contractor C. Submit written results of each palm tree pit percolation tested containing location, and date and time of test to Owner's Authorized Representative. D. If rock or other underground obstructions are encountered in excavation of palm tree pits, acceptable alternate locations may be used at option of Owner's Authorized Representative. Cost for digging alternate palm tree pits is responsibility of Contractor. 3.4 PALM TREE INSTALLATION A. Obtain approval of Owner's Authorized Representative prior to beginning palm tree planting. B. Upon arrival of palm trees to site, plant palm trees immediately or stored for no more than 2 days in a shaded area. Keep palm tree misted with irrigation on an on-going basis. If palm trees are stored for more than a day, cover rootballs with burlap tarping and keep tarp moist. C. Carefully unload palm trees with choker set on outside of palm trunk so as to allow palm to rotate when palm is lifted. Use only nylon or fabric chokers a minimum of 4 -inches in width. Chains, wire or cable will be not be permitted. D. Scarring of palm tree trunk caused by inappropriate handling by Contractor may result in rejection of palm by Owner's Authorized Representative. Replacement may be requested at Contractor's sole expense. E. During off-loading, ensure that crane operator and choker -setter pay careful attention so that palm tree heads are not caught, dragged, rolled, pulled or shaken all of which may cause potential damage to palm tree bud. F. Prepare proper sized palm tree pits and verify that pits meet percolation test review by Owner's Authorized Representative before installing palm trees. G. Prior to placing palm tree in palm tree pit, tamp and moisten bottom of pit. Set palm tree plumb and hold rigidly in position until backfill sand has been wet -tamped firmly around rootball. Continuously adjust palm tree to ensure a plumb and securely planted palm tree. Water -jet backfill mix as required to remove air pockets. H. Provide adequate staking of palm tree during palm establishment period. Obtain approval of Owner's Authorized Representative for intended method of staking palm trees. Costs of staking palm trees to be covered by written Change Order. Root Growth Stimulant: 1. Apply root growth stimulant when backfilling is between 1/2 to 2/3 up rootball. 2. Application Rates: a. 30 -feet in height and smaller: One quart. b. 30 -feet in height and taller: Two quarts. 3. Pour root stimulant full strength equally distributed around rootball. Water -jet into backfill mix. October 8, 2021 APPENDIX A - 00 32 9353 PALM TREE PLANTING BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD J. Do not use excess soil generated from excavating palm tree pits in backfill mix or in establishing final grade. K. Protect planting areas from excessive vehicle compaction when craning palm trees to final planting site. 3.5 IRRIGATION A. Closely monitor water intake to palm trees to ensure adequate water is being provided to palm tree at all times. B. It is critical that palm trees receive a plentiful supply of water during palm establishment period. C. Minimize excess Irrigation where possible. Adjust irrigation controller times accordingly to provide ideal amount of water to palm trees. 3.6 PALM TREE FROND PRUNING A. Exercise extreme care when pruning palm tree fronds. Trim green or partially green palm tree fronds or remove if they have been damaged from installation. Trimming of green palm fronds within first 3 years of establishment may diminish palm tree's resources to adequately establish itself. B. If palm tree frond pruning is necessary, dip pruning tools in a 50% bleach, 50% water solution before beginning pruning operations and before moving from one palm tree to next. 3.7 FERTILIZATION A. Apply specified palm tree fertilizer 45 days after planting. 3.8 UNTYING PALM FRONDS A. Cut palm tree frond ties when palm tree begins to push new frond growth. B. Untie palm tree frond ties 45-60 days after planting during the months of June through September and 90 days during other months. C. Coordinate cutting of palm tree frond ties with Owner's Authorized Representative and Palm Pathologist prior to cutting. 3.9 PALM FUNGICIDE APPLICATION A. After 14 days then monthly after palm tree installation, inspect all palms for symptoms of fungus infection. Notify owner's representative of all instances identified and submit treatment plan. 3.10 CLEANUP A. Following palm tree installation, remove rubbish, waste and debris resulting from planting operations. Remove equipment and implements of service, and leave Work area in a neat, clean, and Owner's Authorized Representative -accepted condition. END OF SECTION October 8, 2021 APPENDIX A - 00 32 9353 PALM TREE PLANTING BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD SECTION 329500 TREE PROTECTION PART 1 — GENERAL 1.1 GENERAL CONDITIONS Related Requirements: 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 -7016-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. 1.2 SCOPE OF WORK Furnish materials, labor, transportation, services, and equipment necessary to protect existing trees as indicated on Drawings and as specified herein. A. Work included in this Section a. Tree protection. b. Tree trimming. B. Work related in other Sections: Section 32 9300 — Trees, Shrubs and Groundcover 2. Section 32 8000 - Irrigation 1.3 TERMINOLOGY A. Pruning terminology to be utilized as developed by the National Arborist Association and is herein attached. 1.4 SUBMITTALS A. Certification: 1. Submit written certification by a qualified Arborist that trees indicated to remain have been protected during course of construction in accordance with recognized standards and that where damage did occur, trees were promptly and properly treated. 2. Indicate which damaged trees, if any, are incapable of retaining full growth potential and are recommended to be replaced. 3. Arborist - an individual currently a member of the National Arborist Association or International Society of Arboriculture and verify proof of certification by such organization. 1.5 QUALITY ASSURANCE A. Arborist Qualifications: Engage a qualified certified Arborist who has successfully completed tree protection and trimming, to perform the following work: October 8, 2021 APPENDIX A - 00 32 9500 TREE PROTECTION BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD 1. Remove branches from trees that are to remain. 2. Recommend procedures to compensate for loss of roots and perform initial pruning of branches and stimulation of root growth where removed to accommodate new construction. 3. Recommend procedures for excavation and grading work juxtaposed to established plants. 4. Perform tree repair work for damage incurred by new construction. 5. Pruning to conform to ISA Pruning Standards and National Arborist Association Class I-IV as specified. 1.6 PROJECT CONDITIONS A. Protect Root Systems: 1. Do not store construction materials, debris, or excavated material within dripline of trees to remain. 2. Do not permit vehicles within dripline. 3. Restrict foot traffic to prevent excessive compaction of soil over root systems within dripline. PART 2 — PRODUCTS 2.1 MATERIALS A. Drainage Fill: Selected stone or gravel, graded to pass a 3 -inch sieve and retained on a 1 -inch sieve. B. New Topsoil: 1. Fertile, friable, surface soil, containing natural loam. 2. Obtain from local sources or from areas having similar characteristics to indigenous topsoil. 3. Provide topsoil that is reasonably free of subsoil and clay lumps, and free of brush, weeds, roots, stones larger than 2 -inches and free of other extraneous or toxic matter harmful to plant growth. 4. Obtain topsoil only from well -drained sites where soil occurs in depth of 4 -inches or more. Do not obtain from bogs or marshes. 5. Topsoil, prior to use, must be laboratory tested for horticulture suitability and such test must be approved by the Engineer prior to placement. PART 3 - EXECUTION October 8, 2021 APPENDIX A - 00 32 9500 TREE PROTECTION BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD 3.1 GENERAL A. Protect tree root systems from damage due to noxious materials caused by runoff or spillage during mixing, placement, or storage of construction materials. Protect root systems from flooding, eroding, or excessive wetting resulting from dewatering operations. B. Do not allow fires under or adjacent to trees or other plants that are to remain. C. Branches may be removed for construction purposes only upon approval of the Engineer or Arborist and subject to local governing agency ordinances. 1. Where directed by the Engineer or Arborist, extend pruning operation to restore natural shape of entire tree. 2. Cut branches and roots, if required, with sharp pruning instruments. Do not break or chop. 3.2 EXCAVATION AROUND EXISTING TREES A. Excavate within proximity of existing trees only where indicated on Drawings. Do not machine - excavate within dripline. B. Where excavating for new construction is required within dripline of trees, hand -excavate to minimize damage to root systems. Provide sheeting at excavations if required. Use narrow -tine spading forks and comb soil to expose roots. Relocate roots in backfill areas wherever possible. If large, main lateral roots are encountered, expose beyond excavation limits as required to bend and relocate without breaking. If encountered immediately adjacent to location of new construction and relocation is not practical, cut roots approximately 3 -inches back from new construction. C. Do not allow exposed roots to dry out before permanent backfill is placed. Provide temporary earth cover or pack with peat moss and wrap with burlap. Water and maintain in moist condition and temporarily support and protect from damage until permanently relocated and covered with earth. D. Where trenching for utilities is required within dripline, tunnel under or around roots by hand digging. Do not cut main lateral roots or tap roots; cut only smaller roots that interfere with installation of new work. Cut roots cleanly with sharp, appropriate pruning instruments. Do not break or chop roots. E. Prune branches to balance loss to root system caused by damage or cutting of root system as directed by the Engineer or Arborist. 3.3 GRADING AND FILLING AROUND EXISTING TREES A. Maintain existing grade within dripline of trees. B. Lowering Grades: October 8, 2021 APPENDIX A - 00 32 9500 TREE PROTECTION BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD 1. Where existing grade is to be lowered around a protected tree, gradually slope grade away from tree as recommended by Arborist. Do not reduce grade within tree dripline. 2. Consult the Engineer or Arborist for appropriate plans on grade cuts exceeding 12 -inches which may require details as to drains, special backfill mixes and retaining walls. C. Raising Grades: 1. Where existing grade is to be raised 6 -inches or more within tree root zone, consult the Engineer or Arborist to provide appropriate remedial plans to accommodate this grade change. 2. Such plans may address perforated pipe bends, drain lines, grates and retaining walls as may be required. 3. No soil fill will be allowed to cover over existing tree root zone grade. 4. Do not place soil as to cover tree trunk root flare. 3.4 ROOT PRUNING A. Branch pruning may be required to stimulate root growth and to compensate for loss of roots. B. Prune only per written recommendations from Arborist and conform to established pruning standard practices. C. Ensure that Arborist provides the Engineer typed instructions for recommended long term maintenance procedures to be followed after completion of construction operations. 3.5 REPAIR AND REPLACEMENT OF TREES A. Repair trees damaged by construction operations. Make repairs promptly after damage occurs to prevent progressive deterioration of damaged trees. B. Remove and replace dead and damaged trees that Arborist determines to be incapable of restoration to normal growth pattern. C. Provide new trees of same size and species as those being replaced. D. If trees over 6 -inches in caliper measurement (taken 12 -inches above grade) are required to be replaced, provide new trees of 6 -inch caliper size and of species selected by the Engineer. 3.6 DISPOSAL A. Do not burn trees or branches on-site. October 8, 2021 APPENDIX A - 00 32 9500 TREE PROTECTION BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD B. Removal from Owner's Property: Remove excess excavation, displaced trees, and trimmings and dispose of off Owner's property. END OF SECTION October 8, 2021 APPENDIX A - 00 32 9500 TREE PROTECTION BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD SECTION 32 9800 LANDSCAPE ESTABLISHMENT PART 1 - GENERAL 1.1 GENERAL CONDITIONS A. Related Requirements: 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 -7016-S); (3) the City's Design Criteria and Standard Drawings for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. 1.2 SCOPE OF WORK A. After tree relocation and irrigation work have been completed, reviewed and accepted by Engineer, furnish materials, labor, transportation, services and equipment necessary to provide landscape maintenance as indicated on Drawings and as specified herein. B. Work included in this Section: 1. Continuous maintenance of plant material and irrigation system during specified landscape establishment period. C. Work related in other Sections: 1. Section 32 8000 - Irrigation 2. Section 32 9300 - Trees, Shrubs, Vines, and Groundcovers 3. Section 32 9643 - Palm Tree Relocation: Maintenance of relocated trees. 1.3 LANDSCAPE ESTABLISHMENT PERIOD [NEED TO COORDINATE WITH TREE RELOCATION PENALITES AND TIMING] A. Landscape Establishment period: 90 days from date of Final Acceptance. Contractor may at discretion of the Engineer, be allowed to proceed into landscape establishment period if planting and irrigation is deemed substantially complete by the Engineer. B. Qualification of the Contractor: Contractor for landscape establishment work shall meet the requirements described in Quality Assurance Paragraph of Section 32 9300 Trees Shrubs and Groundcover. C. Continuously maintain trees involved in this Contract during progress of Work and during landscape establishment period until Final Acceptance by the Engineer has been granted. D. Improper landscape maintenance or possible poor condition of planting at termination of the scheduled landscape establishment period may cause landscape establishment period to be continued at no cost to Owner. E. In order to carry out plant establishment work, furnish sufficient men and adequate equipment to perform Work during landscape establishment period. October 8, 2021 - - - -- - - APPENDIX A - 32 9800 - 1 Landscape Establishment BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD F. Request an observation of Work by the Engineer to begin landscape establishment period after planting and related work has been completed in accordance with Contract Documents Any day that Contractor fails to adequately perform landscape maintenance, as determined necessary by the Engineer, that day will not be credited as one of landscape maintenance working days. G. Prior to being placed on landscape maintenance, submit a schedule of activities planned during landscape establishment period. This schedule needs to be accepted by the Engineer prior to start of landscape maintenance. Document scheduled changes and obtain acceptance by the Engineer. PART 2 -PRODUCTS 2.1 GENERAL A. Submit a list of materials that are to be used during landscape maintenance. PART 3 - EXECUTION 3.1 GENERAL LANDSCAPE MAINTENANCE A. Duration: Continuously maintain each plant and each portion of turf and groundcover area after installation, during progress of work, and for a period of 365 days after completion of all planting work until Final Acceptance. B. Keep landscape areas free of debris. C. Establishment includes temporary protection fences, barriers and signs as required for protection. D. Keep planted areas weed -free. Cultivate at intervals of not more than 1 week. E. Maintain adequate protection of Work area. Repair damaged areas. F. Replacements: 1. Immediately treat or replace all plants that become damaged or injured, as directed by the Engineer at no additional cost to Owner. 2. Replacement plants shall be of a size, condition and variety acceptable to the Engineer. 3.2 TREES, SHRUBS AND VINES A. Watering Basins: 1. Maintain all watering basins around plants so that enough water can be applied to establish moisture through major root zones. 2. In rainy season, open basins to allow surface drainage away from the root crown where excess water may accumulate. Restore watering basins at end of rainy season. 3. For supplemental hand watering of watering basins, use a water wand to break the water force. Do not permit crown roots to become exposed to air through dislodging of soil and mulch. APPENDIX A -32 9800 - 2 October 8, 2021 Landscape Establishment 3.3 BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD 4. Maintain originally called for depth of mulch to reduce evaporation and frequency of watering. 5. Check for moisture penetration throughout the root zone at least once per week. 6. Regulate irrigation watering times to minimize erosion and gullying. B. Resetting: Reset plants to proper grades or upright position. C. Pruning: 1. Trees: a) Prune Trees To: 1) Select and develop permanent scaffold branches that are smaller in diameter than trunk or branch to which they are attached which have vertical spacing of from 18 -inches to 48 -inches and radial orientation so as not to overlay one another. 2) To eliminate diseased or damaged growth. 3) 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. 6) To maintain a natural appearance and to balance crown with root mass. b) Remove sucker growth. D. Weed Control: 1. Keep planted areas free of weeds. 2. Use recommended legally approved herbicides. 3. Avoid frequent soil cultivation that destroy shallow surface roots. 4. Replenish lost wood mulch to reduce weed growth. Maintain a 2 -inch mulch layer. E. Insect and Disease Control: 1. Maintain insect and disease control during landscape establishment period. 2. Regularly inspect all plant materials for signs of infestation: a) Presence of insects, moles, gophers, ground squirrels, snails and slugs in planting areas. b) Discoloration, spotting or blotching on leaves, fronds, or needles. c) Unusually light green or yellowish green color inconsistent with normal green color of leaves. F. Fertilization: 1. Fertilize planting areas with application of Planting Fertilizer at the rate of 7 112 pounds per 1,000 square feet 30 days after planting. 2. Repeat fertilizer application at 30 day intervals until end of landscape establishment period. G. Replacement of Plants: Replace dead, dying and missing plants of a like size and condition as to those that were originally installed at no cost to Owner. GROUNDCOVERS: October 8, 2021 APPENDIX A - 32 9800 - 3 Landscape Establishment BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD A. Watering: 1. Check for moisture penetration throughout the root zone at least twice a month. 2. Water as frequently as necessary to maintain healthy growth of groundcovers. B. Weed Control: 1. Control weeds, preferably with pre -emergent herbicides and with selective systemic herbicides. 2. Minimize hoeing of weeds in order to avoid plant damage. 3.4 IRRIGATION SYSTEM A. Provide maintenance of irrigation system consisting of cleaning and adjusting sprinkler nozzles, repairing damaged equipment, servicing valves, programming controllers and other activities required during landscape establishment period. 3.5 INSECTS, PESTS, AND DISEASE CONTROL: A. Inspection: Inspect all plant materials for signs of stress, damage and potential trouble from the following: 1. Presence of insects, moles, gophers, ground squirrels, snails and slugs in planting areas. 2. Discoloration, spotting or blotching on leaves, fronds, or needles. 3. Unusually light green or yellowish green color inconsistent with normal green color of leaves. B. Personnel: Perform spraying for insect, pest and disease control only by qualified, trained personnel. C. Application: Spray with extreme care to avoid all hazards to any person or pet in the area or adjacent areas. 3.6 THE 90 -DAY ESTABLISHMENT PERIOD: A. Preliminary Review: As soon as all plantings are completed per Contract Documents, hold a preliminary review to determine the condition of the work. B. Date of Review: Submit a written request to the Engineer at least five (5) working days prior to anticipated date of review. C. Beginning of the 90 -Day Establishment Period: The date on which the Engineer issues a letter of Preliminary Acceptance to the Contractor. 3.7 FINAL WALKTHROUGH A. At completion of landscape establishment period, schedule a Final Walkthrough with the Engineer. APPENDIX A -32 9800 - 4 - Landscape Establishment October 8, 2021 BALBOA BLVD. MEDIAN IMPROVEMENTS 100% CD B. Engineer, General Contractor and others deemed necessary the Engineer may be present at Final Walkthrough. C. If, during Final Walkthrough the Engineer is of opinion that landscape maintenance has been substantially completed in accordance with this Section, written notice of recommendation to allow Contractor to be released from Project will be submitted to Owner for approval. This report will note any incomplete punch list items from Final Walkthrough and a date on which these items must be completed. Complete remaining punch list items within five working days after Final Walkthrough was performed by the Engineer. D. Corrective Work: 1. Work requiring corrective action or replacement in the judgment of the Engineer shall be performed within ten (10) calendar days after the Final Review. 2. Perform corrective work and materials replacement in accordance with the Drawings and Specifications, and shall be made by the Contractor at no cost to the Owner. 3. After corrective work is completed, the Contractor shall again request a Final Review for Final Acceptance as outlined above. 4. Continue establishment of all landscaped areas until such time as all corrective measures have been completed and accepted. E. Conditions for Acceptance of Work at End of Establishment Period: 1. Each plant shall be alive and thriving, showing signs of growth and no signs of stress, disease, or any other weaknesses. 2. All plants not meeting these conditions shall be replaced and a 90 -Day Establishment Period commenced for such plants. F. Final Acceptance Date: The date on which the Engineer issues a Letter of Final Acceptance. Upon Final Acceptance, the Owner will assume responsibility for establishment of the work. 3.8 WARRANTY PERIOD AND REPLACEMENTS OF PLANT MATERIALS: A. Specific Requirements: Refer to the following sections: 1. Irrigation - Section 32 8000. 2. Trees, Shrubs, Vines and Groundcover - Section 032 9300 3.9 CLEANUP A. Upon completion landscape maintenance, remove rubbish, waste and debris resulting from Contractor's operations. B. Repair scars, ruts or other marks in landscaped areas caused by Contractor. C. Remove equipment, implements of service, and leave Work area in a neat and clean condition. Sweep clean paved areas. END OF SECTION October 8, 2021 APPENDIX A -32 9800 - 5 Landscape Establishment �EWPoRT City of Newport Beach 100 Civic Center Drive P.O. Box 1768 u ' Newport Beach, CA 92658-8915 C�<IKO PNEP Depositor Agreement Form Project Manager: Tom Ruiz, Tom Decker - Forkert Engineering Owner/Company: Jeffery J Bethal, Stephen J Ridge Address: 365 Via Lido Soud Phone: 714-963-6793 (Forkert Engineering) Amount of Deposit: 31,328.00 Estimated completion date of project: Project Name: 361 & 365 Via Lido Soud Describe purpose of deposit: Deposit in Lieu of Bond for Improvements in ROW - 361 & 365 Via. Lido Soud Depositor Account Number: Check all that apply: ( Assigned by Accounting) 1) Special Purpose Deposit Yes (Y/N)? 2) Developer Deposit Yes _(Y/N)? 3) Refundable Deposit Yes _(Y/N)? 4) Subject to forfeiture Yes (Y/N)? Amt: $35,178.00 We authorize the Rodi Almendralo/Engineer {City employee/title} or designee to charge this deposit account for the following purposes: 1) Outside consultants/services SEEBELOW (Y/N) 2) City service fees NIA (Y/N), type of service 3) Staff time associated with project N/A (Y/N) Should a shortfall in the account occur, or if there are questions concerning the disposition of the remaining balance the following project manager should be contacted N/A Upon completion of the project and the concurrence of Rodi Almendralo/Engineer {Staff Project Manager), the City shall remit any remaining balance payable to the Owner/Company at the address above. We understand no interest or investment earnings\losses shall be apportioned to the account during the term of this depositor agreement. City to describe the circumstances that may cause the deposit amount to be forfeited and/or where staff time may be charged: Cash Deposit in Lieu of Bond for work in right of way as part of Parcel Map 2019-126 for 361 and 365 Via Lido Soud. This Deposit is for 361 Via Lido Soud. Funds to be held until work in ROW is complete, inspected and accepted by the City. Once accepted, Deposit may be released. Deposit is subject to forfeiture; City may use funds to complete work if work is not completed and finaled. The following company individuals are authorized to charge against this account: Name Name Name N/A - Cash Deposit in Lieu of Bond ONLY Signature Signature Signature Date Date Date �EwaoRT City of Newport Beach 100 Civic Center Drive u z P.O. Box 1768 cq��a:P Newport Beach, CA 92658-8915 Depositor Agreement Form Project Manager: Tom Ruiz, Tom Decker - Forkert Engineerin Owner/Company:. Jeffery J Bethal, Stephen J Ridge Address: 365 Via Lido Soud Phone: 714-963-6793 (Forkert Engineering) Amount of Deposit: 35,178.00 Project Name: 361 & 365 Via Lido Soud Estimated completion date of project: TBD Describe purpose of deposit: Deposit in Lieu of Bond for Improvements in ROW - 361 & 365 Via Lido Soud Depositor Account Number: Check all that apply: I ( Assigned by Accounting) 1) Special Purpose Deposit Yes (Y/N)? 2) Developer Deposit Yes (Y/N)? 3) Refundable Deposit Yes (Y/N)? 4) Subject to forfeiture Yes (Y/N)? We authorize the Rodi Almendralo/Engineer {City employee/title) or designee to charge this deposit account for the following purposes: 1) Outside consultants/services 1.- SEE GELOW (Y/N) 2) City service fees NSA Y/N ( ), t ype of service 3) Staff time associated with project N/A (Y/N) Should a shortfall in the account occur, or if there are questions concerning the disposition of the remaining balance the following project manager should be contacted N/A Upon completion of the project and the concurrence of Rodi Almendralo/Engineer {Staff Project Manager), the City shall remit any remaining balance payable to the Owner/Company at the address above. We understand no interest or investment earnings\losses shall be apportioned to the account during the term of this depositor agreement. City to describe the circumstances that may cause the deposit amount to be forfeited and/or where staff time may be charged: Cash Deposit in Lieu of Bond for work in right of way as part of Parcel Map 2019-126 for 361 and 365 Via Lido Soud. This Deposit is for 361 Via Lido Soud. Funds to be held until work in ROW is complete, inspected and accepted by the City. Once accepted, Deposit may be released. Deposit is subject to forfeiture; City may use funds to complete work if work is not completed and finaled. The following company individuals are authorized to charge against this account N/A - Cash Deposit in Lieu of Bond ONLY Name Signature Date Name Signature Date Name Signature Date �E�wPoRT City of Newport Beach o`` �,Sl;l 100 Civic Center Drive u X14 { z P.O. Box 1768 Newport Beach, CA 92658-8915 cH4xo+� Depositor Agreement Form Project Manager: Tom Ruiz, Tom Decker - Forkert Engineeri Owner/Company.- Jeffery J Bethal, Stephen J Ridge Address: 361 Via Lido Soud Phone: 714-963-6793 (Forkert Engineering) Amount of Deposit: 31,328.00 Estimated completion date of project: TBD Project Name: 361 & 365 Via Lido Soud Describe purpose of deposit. Deposit in Lieu of Bond for Improvements in ROW - 361 & 365 Via Lido Soud Depositor Account Number: ( Assigned by Accounting) Check all that apply 1) Special Purpose Deposit Yes (Y/N)? 2) Developer Deposit Yes (Y/N)? 3) Refundable Deposit Yes (Y/N)? 4) Subject to forfeiture Yes (Y/N)? We authorize the Rodi Almendralo/Engineer {City employee/title} or designee to charge this deposit account for the following purposes: 1) Outside consultants/services "' 5EEBE`°"' (Y/N) 2) City service fees NSA (Y/N), type of service 3) Staff time associated with project N/A (Y/N) Should a shortfall in the account occur, or if there are questions concerning the disposition of the remaining balance the following project manager should be contacted N/A Upon completion of the project and the concurrence of Rodi Almend ralo/Engineer {Staff Project Manager}, the City shall remit any remaining balance payable to the Owner/Company at the address above. We understand no interest or investment earnings\losses shall be apportioned to the account during the term of this depositor agreement. City to describe the circumstances that may cause the deposit amount to be forfeited and/or where staff time may be charged: Cash Deposit in Lieu of Bond for work in right of way as part of Parcel Map 2019-126 for 361 and 365 Via Lido Soud. This Deposit is for 361 Via Lido Soud. Funds to be held until work in ROW is complete, inspected and accepted by the City. Once accepted, Deposit may be released. Deposit is subject to forfeiture; City may use funds to complete work if work is not completed and finaled. The following company individuals are authorized to charge against this account: Name Name Name N/A - Cash Deposit in Lieu of Bond ONLY Signature Signature Signature Date Date Date Traffic Signal Maintenance for CITY OF NEWPORT BEACH Work Order Completion Period: 04/01/2019 to 04/30/2020 Date Completed: Mon, AUG/12/201916:00 Work Order #: 5003799317 Debit Memo Req. 3801714199 Description: CALL E/B RBO Response: VERIFY CALL REMOVE AND REPLACE E/B 10' LEVEL RED ON S/E/C CHECK OP AND WORKING WELL. Item: Qty and Unit Cost Extra Routine Charges Maint. 12" Red LED Ball 1 PC 75.00 per PC $ 75.00 $ 0.00 Visit Total $ 75.00 $ 0.00 Date Completed: Tue, SEP/24/2019 09:30 Work Order #: 5003830587 Debit Memo Req. 3801741240 Description: FOUND SIB GREENS AT 50%. Response: FOUND SIB GREEN LED'S AT ABOUT 50% REMOVE AND REPLACE SIC GREENS ON S/W/C ALSO CHANGE O/H RED ON SAME POLE Item: Qty and Unit Cost Extra Routine Charge Maint. LED 12" GREEN ARROW 2 PC @ 135.00 per PC $ 270.00 $ 0.00 LEOTEK 12" Red LED Ball 1 PC @ 75.00 per PC $ 75.00 $ 0.00 12" Green LED Arrow 2 PC @ 76.25 per PC $ 152.50 $ 0.00 Visit Total $ 497.50 $ 0.00 Date Completed: Mon, OCT/21/201916:15 Work Order #: 5003857845 Debit Memo Req. 3801757306 Description: NEC LED ISNS BIO Response: T/S-FOUND BAD CONNECTOR, REPAIRED CONNECTOR FOR DRIVER AND NOW WMI. Item: Qty and Unit Cost Extra Routine Charge Maint. ELECTRICIAN RT 1.000 H @ 90.00 per H $ 90.00 $ 0.00 SERVICE BUCKET TRUCK 1.000 H a 28.00 per H $ 28.00 $ 0.00 Visit Total $ 118.00 r $ 0.00 Date Completed: Thu, NOV/14/201911:00 Work Order #: 5003879186 Debit Memo Req. 3801774404 Description: NEC & SEC LED ISNSS' ARE BIO Response: DRILLED HOLES & INSTALLED 2 PECS' ON LED ISNSS' AT NEC & SEC. Item: Qty and Unit Cost Extra Routine Charge Maint. ELECTRICIAN RT 1.500 H a 90.00 per H $ 135.00 $ 0.00 SERVICE BUCKET TRUCK 1.500 H @ 28.00 per H $ 42.00 $ 0.00 REPL PHOTOCELL 2 PC 15.00 per PC $ 30.00 $ 0.00 Visit Total $ 207.00 $ 0.00 Date Completed: Wed, APR/01/2020 14:30 Work Order M 5003978959 Debit Memo Req. 3801849379 Description: INSTALL CCN CAMERAS. Response: PULL IN NEW CCN CABLE FROM S/EIC TO N/E/C TO CABINET UP POLE Siemens RCM CS Page 4 of 5 APPENDIX B 36 -INCH BOX TREE LOCATIONS } APPENDIX B: TREE REPLACEMENT LOCATIONS y= (21ST STREET TO 18TH STREET) LEGEND: CIO n- I ARBUTUS 'MARINA' 1Nnl F . . v., � •� ' �. ' -�.,, - � b- 71 - - �. ��� fi=- - �• ULMUS TRUE GREEN'NTSa ! b=�5 P Itree ID: 8659254 a Tree ID: 8659252 AlLU ��, � ��l•\ - �'`, ' � �. � * III y.�^` - _ _ nl r'�i y ,_ I O .. Y ~ - Tree ID: 8659244 •4=j x �a= i ". � ! ., 1•.— ] .bra,: .,. 'L� T. ...\ f�� \ _`c i. 4 ! WX co / � ,,. *}7, • .\ d `/fig l (�/� I �g.,.:,':sA` g•. . 1 O y r�Ii( r 4.'' T / �'d .tea''- .t 4.:, ..... / .� 1• .� - " .ya V Tree ID. 86592 o04 a41 "y ' •,�/ a O . HEET f 1` �� i or 2 APPENDIX B. TREE REPLACEMENT LOCATIONS; {-? (14TH STREET TO 12TH STREET) 1/I/eq q;r�lb,n rt k y , ,. • •' � - ;'� � , .. � ,�1 � j ,.:; ,> a .:;, � . r (.J r I 1- fi jI (tri <:• �` .k r 1� � 7 k �kt i ' fV;'.�� -__ � Fl._.,.<.. 'nYh� _:.-3 h8 .z��... g, � �'..'��. "K`. -<i' ., `'q!b -.•.- .l �tiLl .�'- r „ :*r- _.-- ..i ,.. .4!-ri �>;h- .: �', •: i h ...... '�^:�` �l': '/ ///111 Tree ID: 1485427 C 10* M1 , y � i;>.s- � C � �i 4 /.rte fig.• �� t:• ,� ��;' -��. Tree ID: 1485423 , , rr ri 1 Tree ID: 8659169, _ Hs t;,_• Tree ID: 8659168 - i t - � it /^_ •7fi -�� _ 1..f,4w� '�-_ `\` - -. - - �P y ry< 1 �t Y t ttol left _ l" ,.• a , � � ,� +tit � �� � - - ,• �' LEGEND: Q ARBUTUS 'MARINA' ULMUS 'TRUE GREEN' NTS w y