The URL can be used to link to this page

Home My WebLink AboutC-9018-2 - Newport Coast Pickleball CourtsN tT' CITY OF NEWPORT BEACH ' NOTICE INVITING BIDS V 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 28t" day of September, 2023, at which time such bids shall be opened and read for NEWPORT COAST PICKLEBALL COURTS Contract No. 9018-2 $1,000,000 Engineer's Estimate Approved by deputy ames M. Houlihan P WD/Cityy Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via (Select One) 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" For further information, call Ben Davis, Project Manager at (949) 644-3317 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: https://www.newpor-tbeachca.gov/government/data-hub/online-services/bids-rfps-vendor- reqistration City of Newport Beach NEWPORT COAST PICKLEBALL COURTS Contract No. 9018-2 TABLE OF CONTENTS NOTICE INVITING BIDS..........................................................................................Cover INSTRUCTIONSTO 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 City of Newport Beach NEWPORT COAST PICKLEBALL COURTS Contract No. 9018-2 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 PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2°d 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. 3 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, 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. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to; the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. [ol 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 c The signature below represents that the U1011"13 A, C-�'7 G•, Contractor's License No."& Classifiicatior f DIR Registration Number & Expiration Date Date (7 jlee l j�h f fib n,�l�aloe Bidder 5 City of Newport Beach NEWPORT COAST PICKLEBALL COURTS Contract No. 9018-2 DESIGNATION OF SUBCONTRACTORS) -AFFIDAVIT 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 appro tre Eitp- ewport Beach. Bidders must also include DIR registration numbers for each subcontract Bidder 0 Xt City of Newport Beach NEWPORT COAST PICKLEBALL COURTS Contract No. 9018-2 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name reek7 t��1 I� �-G �y�(�j��t �, //7G• 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. 1 Project Name/Number 4-Q')VYO� rwt/a hu��rwL T.?C ul}t 2t �rcry� ,Ce�r. Project Description 19/AAM, iI)-1.0y4 Jn' 1,j4Zkrf�L'ZA Approximate Construction Dates: From b-0;z3 To: Jo(z'u2,3 Agency Name d1 6� tic 6941 met., Contact Person Yqw4an eeA) wt Telephone (t07) t3q� ` S Original Contract Amount $ Final Contract Amount $ > If final amount is different from original, please explain (change orders, extra work, etc.) = �41 e-n eY � 0-1-1a'ill fi 'or" f Wo Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number __ E�ec+yj i Vehic te, laogj h� 5-fL'i, AovL 5 Project Description P'vnf's�-t /K 5 hq by //uv?;(5 coAcve-t-ec4)c4-1c�, Approximate Construction Dates: From To: &/,so3 3 Agency Name p - 11;�04c-mi7 &a Contact Person 4-zZu V4.� peh&2, Telephone (�3) 359 ` 10 W a/�7 •?3�f - Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number t; lki,,6;� &nC iwv x - 1!ji4�e T� Project Description OVG itl`d-lle, fur gal 5 Nr�� ✓ Approximate Construction Dates: From 3 To: c3/-709 3 Agency Name i�1'44 e)l- d /4%vif-,vK -A Z- Contact Person v'I 1, .l Ji?1' Telephone Vay ) Y1 ef - J Lt t Original Contract Amount e '-4Final Contract Amount "797. 75 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. 11 No. 4 Project Name/Number e'Wq4vf&i Project Description (e~ fvee,6 Approximate Construction Dates: From s/_a5 To:__ ;5J;?SLz3 Agency Name �// ✓� �' %� Contact Person /Qw 14J /'- m 6e Telephone (,533) Original Contract Amount $ / Final Contract Amount $ / J'% 5'-)-o f-- 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. rlt) No. 5 Project Name/Number �31�r +� 7Z' f AA-- 1rYttoyyeyw ,.'"t`.5 Project Description /'/"/>Z/7d /lr %Ont-5� Approximate Construction Dates: From 34-;,/) 3',-4- T 0 aLa Agency Name Contact Person kee-j1,an Q &r :5' Telephone 71K 315--5t( s Original Contract Amount $ Final Contract Amount $, f 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. 12 No. 6 2 Project Name/Number ,� l �da� �iVP( Meo(i'aw, Project Description �tISG� f�/ �YycdsG-,�� /r.,,•,rz f7�_ Approximate Construction Dates: From _ W a To: k,9_0 D-:30-- Agency Name P!f 4 d4 1(leac "VYI- Cea.6l21 Contact Person w�Gt ► G!<(/ C'Q�n Telephone Original Contract Amount $ %Final Contract Amount $ %, If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 1"I Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit a f the Contractor's urrent financial conditions. Bidder —� Authorized &6natbire/Titlei`��,� 13 City of Newport Beach NEWPORT COAST PICKLEBALL COURTS Contract No. 9018-2 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of M h e--, ) Dy'!Lt td- I.. being first duly sworn, deposes and says that he or she is _A/e 3I44P(!- of IPI C-•, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the law State o alifornia t t tV foregoing is true and correct. ��/�-tay'l �rLt� � �.t� y,G.{�ii�.1g fii[;.- • f�v�'�r� nst'. Bidder A horized . nature/Titl Subscribed aQd sworn to (or affirmed) before me on this day of , 2023 by 1 satisfactory evidence to be the I certify under PENALTY OF PERJURY under the laws paragraph is true and correct. [SEAL] 14 _, proved to me on the basis of before me. Notary Public of California that the foregoing My Commission Expires: see attached California Jurat 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 Los Anqeles Subscribed and sworn to (or affirmed) before me on this 27th day of September , 20 23 , by Donald Louis Henderson proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. �— , dbmd677 00�' Notary Public •California Las Angeles County Commission # 2397719y Comm. Expires Mar 19, 2026 (Seal) Signature City of Newport Beach NEWPORT COAST PICKLEBALL COURTS Contract No. 9018-2 DESIGNATION OF SURETIES Bidder's name 154,FeP7 (Cwtd-5c .4e, (A,, . 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): 44'5�z'tc��5 j�� Ir' rphfly 3oy6, ltye4o4yde, (mac.��vta� a51 5- tAke,lidS,�4e 3&v gj lit f=p eea f-5 'g,1r3 Puff"i'gVI 5 � 15 City of Newport Beach NEWPORT COAST PICKLEBALL COURTS Contract No. 9018-2 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name bye--eo Gawiseii Iy1 c - Record Last Five (5) Full Years Current Year of Record Current Record Record Record Record Record Year of for for for for for Record 2022 2021 2020 2019 2018 Total 2023 No. of contracts Total dollar 1 .-7I. o Amount of j.? 3 `li j. HS yy"Jn vn+ t1�ow 11 Contracts(in ,r, y,;�1�. rv�•11�yrn. (9eili;rT� yn�ti�rM il1IJ�t. Thousands of $ No. of fatalities - - No. of lost Workday Cases-- 60-1 f" 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. 16 Legal Business Name of Bidder Oreen Nak /AL Business Address: qql --A ft 4-A /f1i%tq 64 ROIL'3t Business Tel. No.: State Contractor's License No. and Classification: (P'70 N 7 `6 Title -Pb'z°, r�,+ 4;1 yL+- 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 tho: Signature of bidder Date Title p,oe.<,t co;A,+- Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title see attached California Jurat Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. MOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED] 17 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 Los Anqeles Subscribed and sworn to (or affirmed) before me on this 27th day of September , 20 23 , by Donald Louis Henderson proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. JORGE GUIZAR Notary Public - California _ Los Angeles County Commission # 2397719 MR-1 y Comm. Expires Mar t!, 2026 (Seal) Signature City of Newport Beach NEWPORT COAST PICKLEBALL COURTS Contract No. 9018-2 ACKNOWLEDGEMENT OF ADDENDA Bidder's namore e'�I '��` 1K<:' The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received i n e W Page 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 NEWPORT COAST PICKBALL COURTS CONTRACT NO 901 -2 DATE: September 20, 2023 BY:ri--�'" City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. SPECIAL PROVISIONS SECTION 218 — MISCELLANEOUS ITEMS 218-1 COURT SURFACING 218-1.1 General Add the following after the first paragraph: Plexipave Hardcourt Surface System from ICP Building Solutions Group and TPS 5000 Court Surfacing from Hellas Construction are approved substitutions. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) 5jw �- 97 UAMM a-01Af" City of Newport Beach NEWPORT COAST PICKLEBALL COURTS Contract No. 9018-2 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: Business Address: ,qG/l-X�'l�' Telephone and Fax Number: California State Contractor's License No. and Class: & 701-07 , � L `l ��C -,a � (REQUIRED AT TIME OF AWARD) Original Date Issued: ' / 'XY-3 Expiration Date: 13 1 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: w,q t'a L , The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone (5/0 �i'(11�31 Corporation organized under the laws of the State of 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: x,LA-, All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: A - 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: AJ6) Provide the names, addresses and telephone numbers of the parties; A) r .- Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. A10 Have you ever failed to complete a project? If so, explain. lti�J 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 co liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes/ N 20 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) Itle"_ Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non -responsive. L-) wA W fid ayao tit t name of Owner or President -of Co oration/Co any) ( 2e 600-��c 12c:. dewr Bidder oriz i ature/Ti e Title Date On before me, , Notary Public, personally appeared , who proved to me on the basis of sati Cory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowle to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their si e(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instr I certify under PENALTY OF PERDU der the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Notary Public in and for said State My Commission Expires: 21 (SEAL) see attached California Acknowledgement 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 Los Angeles On September 27th, 2023 before me, Jorge Guizar Notary Public (insert name and title of the officer) personally appeared Donald Louis Henderson who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ��a *my JORGE GUIZARNotary Public • CaliforniaLos Angeles County Commission # 2397719 Comm. Expires Mar 19, 2026 City of Newport Beach NEWPORT COAST PICKLEBALL COURTS Contract No. 9018-2 (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. 9018-2 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: Date 'dde Bidder's Telephone and Fax Numbers Bidder's Au orized Signature and Title 76 q 7 9 A r - g7 C-f� oU/ # f v", _5t , flab W1( 6b0 l Bidder's License No(s). Bidder's AddresV and Classification(s) DIR Registration Number Bidder's email address: ;- DONALD L HENDERSON UKEEN GIANT LANDSCAPE CONSTRUCTION, INC.- LA HABRA, CA— (562)690-6208-gree-naiantotficenae2[ci.mrn 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 Founder and President 1993 to Current - Supervise and manages construction sites - Oversee resolution of ail 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 d1ol'=1a0ftions STATE OF CALIFORNIA APPLICATION FOR PUBLIC WORKS CONTRACTOR REGISTRATION Registration Information Type: Public Works Period: 07/0112023 06/30/2024 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 City/ LA HABRA Province: Physical Business Address: 941-A MACY STREET Physical Business State: CA Physical Business Postal 90631 Code: Contractor Mailing Address Mailing Country: United States of America Mailing City /Province: LA HABRA Mailing Address: 941-A MACY STREET Mailing State: CA Mailing Postal Code: 90631 J Contact Info Daytime Phone: Daytime Phone Ext.: Mobile Phone: Business Email: greengiantoffice@aol.com Applicant's Email: greengiantoffice@aot.com CONTCTO STATE LICENRASE BOARD ACTIVE LICENSE ......,670478 -,CORP B.- ... N GREEN GIANT LANDSCAPE INC c--ro)A C27 C13 0513l/2024 Vyww.cs1b,ca.aov Registration Services.: Page 1 of 2 6/26/2023 4:S0:11 PM ❑ Marble Mason/Finisher ❑ Operating Engineer ❑ Painter ❑ Parking/Highway/Improvement ❑ Plasterer/Tender ❑ Plumber ❑ Roofing ❑ Sheet Metal Worker ❑ Stator Rewinder O Teamster Terrazzo Worker/Finisher ❑ Tile Setter/Finisher ❑ Water Well Driller Registrations Search Results: 1 found Print PDF $ Export ON POINT LAND SURVEYING, INC. Detail: Registration 1000003100 Number: Status: Active CSLB Number: Legal Entity Type: Corporation Mailing Address: 1906 Orange Tree Lane Suite 240 REDLANDS CA 92374 County: San Bernardino Craft: Field Surveyor Email: jsmith@onpointlandsurveying.com Name ON POINT LAND SURVEYING, INC. Showing Page 1 of 1 Previous Next Add all to my list My List ( View Details ♦Add to My List, Registration History. Effective Date Expiration Date 7/1/2022 6/30/2025 7/1/2019 6/30/2022 5/11/2018 6/30/2019 5/16/2017 6/30/2018 6/13/2016 6/30/2017 6/26/2015 6/30/2016 11/24/2014 6/30/2015 ❑ Marble Mason/Finisher ❑ Operating Engineer ❑ Painter ❑ Parking/Highway/Improvement ❑ Plasterer/Tender 0 Plumber ❑ Roofing ❑ Sheet Metal Worker Q Stator Rewinder ❑ Teamster ❑ Terrazzo Worker/Finisher ❑ Tile Setter/Finisher ❑ Water Well Driller APPIY Registrations Search Results: 2 found Print PDF $ Export TAYLOR TENNIS COURTS, INC. Detail: Registration 1000007799 Number: Status: Active CSLB Number: 373423 Legal Entity Type: Corporation Mailing Address: 1250 N. LA LOMA CIRCLE ANAH EI M CA 92806 County: Orange Craft: Laborer;Parking/ Highway/Improvement Email: jim@taylortenniscourts.com DBA Name TAYLOR TENNIS COURTS, INC. Showing Page 1 of 1 Previous Next Add all to my list My List (0)F View Details ♦ Add to My List Registration History_ Effective Date Expiration Date 7/1/2022 6/30/2024 7/27/2020 6/30/2022 7/1/2019 6/30/2020 6/14/2018 6/30/2019 5/8/2017 6/30/2018 7/1/2016 6/30/2017 7/1/2015 6/30/2016 1/30/2015 6/30/2015 Citv of NewDort Beach NEWPORTCOAST PICKLEBALL gOURTS Contract No. 9018-2 BJDDgR!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 ' _100/a to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of NEWPORT COAST PICKLEBALL COURTS, Contract No. 9018-2 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 falls to executh the Contract Documents in the forrn(s) prescribed, including the required bonds, onds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of fic "Notiation of Award", . otherwise this obligation shall become null and Void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 26th, Green Giant Landscape, Inc, Name of Contractor (Principal) Philadelphia Indemnify Insurance Company Name of Surety �day September __,20 . AuthorlViAn turerTlte 04thorizewd Agent Signature 800 E. Colorado Blvd., 6th Floor, Pasadena, CA 91101 Ryan Butterfas, Attorney -in -Fact . Address of Surety Print Name and Title (626)639-1328 Telephone :(Notary acknovAedgment ofErLinciRal & Suret must be attached) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California _ County of i.Os Ubi;ws } ss. _ On S-IMLki� �14+H , 20 23 before me, �,j O Utit W ITN —' NotaryPublic, personally appearedyotJ" 1.0116 jai i? S D.7 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT S my h d nd official seal. IvAwft- Signature Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language es ti JORGE GuIZAR Notary Public - California Los Angeles County Commission # 2397719 + ne !Ay Comm. Expires Mar 19, 2026 OPTIONAL INFORMATION Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) (seal) Thumbprint of Signer [] Check here if Capacity(ies) claimed by Signer(s): no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO 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 I ss. On , 20 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of t ss. On 20 before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0 (seal) 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 before me, Date personally appeared Adelaide C. Hunter, Notary Public Here Insert Name and Title of the Officer Butterfas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. =ADELAIDE C. HUNTER A Notary Public • California Orange County COMMission ; 2343124 M--1 y Comm. Expires Jan 23, 2025 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature A, Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: 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): 171 Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.Nationa[Notary.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 Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $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 140 of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at anytime, 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 Attomey 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 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. oommonweaitp or Pennsylvania - Wary seat Vanessa Mckenzie, Notary Public Montgomery County My commission expires November 3, 2024 Commission number 1366394 Member, PennSyi4a-:I ASS001,01100 of NotarieS Notary Public: rt 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 Attomey issued pursuant thereto on the 51 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 26th day of September . 20 23 i ? _ Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY City of Newport Beach Newport Coast Pickleball COLIFIS (9018-2), bidding on 04/28/2023 10.00 AM (PDT) Page I of 4 Printed 09/28/2023 Bid Results Bidder Details Vendor Name Green Giant Landscape, Inc Address 941-A Macy St La Habra, California 90631 United States Respondee Donald L Henderson Respondee Title President Phone 562-690-6208 Email greengiantoffice@gglci.com Vendor Type License # CADIR i �' . Bid Format Electronic Submitted 09/28/2023 9:19 AM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 347405 Respondee Comment Buyer Comment Attachments File Title File Name Bid Submittal C-9018-2 Green Giant Landscape Inc.pdf Bid Submittal C-9018-2 Green Giant Landscape Inc.pdf Bid Bond C-9018-2 Green Giant Landscape Inc.pdf Bid Bond C-9018-2 Green Giant Landscape Inc.pdf File Type General Attachment Bid Bond PlanetBids City of Newport Beach Newport Coast Pickleball Courts (9018-2), bidding on 09/28/20-23 10,00 AM (PDT) Page 2 of 4 Printed 09/2E/2023 Subcontractors Showing 2 Subcontractors Name & Address Desc License Num CADIR Amount Type On Point Land Surveying Inc. Survey project 8601 1000003100 $10,000.00 1910 Orange Tree Lane areas Redlands, California 92374 Taylor Tennis Courts, Inc. Surface courts 373423 1000007799 $30,000.00 31441 Santa Margarital Pkwy Rancho Santa Margarita, California 9 PlanetBlds City of Newport Beach Newport Coast Pickleball Courts (9018-2), bidding on 09128/2023 10.00 AM (PDT) Page 3 of 4 Printed 09/28/2023 Line Items Discount Terms No Discount Item # Item Code Type Item Description UOM QTY Unit Price Line Total Response Comment Section 1 S1,089,220.00 1 Mobilization and Traffic Control LS 1 $25,000.00 $25,000.00 Yes 2 Demolition and Earthwork LS 1 S50,000.00 S50,000.00 Yes 3 Aggregate Base CY 3122 $10.00 $31,220.00 Yes 4 Drainage Improvements LS 1 $40,000.00 $40,000.00 Yes 5 Pickleball Court Hardscape, Base, Vapor Retarder, Surfacing and Repaint SF 24500 $10.00 $245,000.00 Yes 6 4" Thick PCC Sidewalk per City STD Plan 180 SF 1800 S6.00 S10,800.00 Yes 7 6" Thick PCC Sidewalk with 4" Reinforcement @ 18" o/c Each Way SF 3800 S8.00 $30,400.00 Yes 6 Electrical LS 1 S20,000.00 S20,000.00 Yes 9 Black Vinyl Coated Chain Link Fence with Windscreen Fabric (10-Foot) LF 1074 S250.00 $268,500.00 Yes 10 Black Vinyl Coated Chain Link Fence (3-Foot) LF 298 S100.00 $29,800.00 Yes 11 Black Vinyl Coated Chain Link Fence Pedestrian Gate (8-Foot) EA 10 $2,500.00 $25,000.00 Yes 12 Black Vinyl Coated Chain Link Fence Pedestrian Gate (3-Foot) EA 4 S1,000.00 $4,000.00 Yes 13 Pickleball Court Net and Posts FA 8 $5,000.00 $40,000.00 Yes 14 Trash Receptacles EA 2 $2,500.00 $5,000.00 Yes 15 Benches EA 4 $4,000.00 $16,000.00 Yes 16 Tables EA 2 $8,000.00 S16,000.00 Yes 17 Drinking Fountains EA 2 $15,000.00 S30,000.00 Yes 18 Shade Cloths LS 1 $15,000.00 $15,000.00 Yes 19 Wrought Iron Fence and Gates LF 50 9400.00 $20,000.00 Yes 20 Erosion Control LS i S10,000.00 $10,000.00 Yes 21 Irrigation LS 1 $80,000.00 S80,000.00 Yes 22 Soil Amendment LS 1 $8,000.00 $8,000.00 Yes 23 Planting LS 1 $40,000.00 $40,000.00 Yes 24 Plant Establishment Period (90 Calendar Days) LS 1 S3,000.00 $3,000.00 Yes 25 Provide As -Built Plans LS 1 $1,500.00 $1,500.00 Yes 26 Excavate in Bedrock CY Soo $50.00 S25,000.00 Yes City of Newport Beach Newport Coast Pickieball Courts (9018 ), bidding on 09/26I2023 10.00 AM (PLOT) Page, 4 of 4 Printed 09/2Si2.023 Line Item Subtotals Section Title Section 1 Grand Total Line Total $1,089,220.00 $1,089,220.00 PlanetBids CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3311 1 949 644-3308 FAX newportbeachca.gov/publicworks 10/25/2023 Green Giant Landscape, Inc. ATTN: Donald L Henderson 941-A Macy Street La Habra, CA 90631 Email: greengiantoffice@gglci.com Subject: Newport Coast Pickleball Courts (Project No. 22-13) Contract No. 9018-2 Notification of Award To Whom It May Concern: On 10/24/2023 the City Council of the City of Newport Beach awarded the above referenced contract to your firm. Please note: The City of Newport Beach is a self -insured municipality and our insurance certificate requirements are standard and generally require additional wording and endorsements. Please provide a copy of the insurance section of the contract to your insurance provider so they can supply the proper certificates and endorsements. Modification to these requirements will not be considered. Please return as a complete package, both signed original contracts and required insurance certificates, endorsements and bond documents to the City of Newport Beach, Public Works Department as soon as possible to the attention of: Omar Khalil, Management Assistant Public Works Department City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 This will allow time for the City of Newport Beach to review and approve the insurance certificates and endorsements and execute the contract. The Contractor shall not commence work until a "Notice to Proceed" has been issued by the City. Failure to enter into the contract within 30 calendar days or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the bidder's security. In the event the bidder to whom an award is made fails or refuses to execute the contract or submit the required insurance and bond documents within the said time, the City may declare the bidder's security forfeited, and may award the work to the next lowest responsible bidder, or may call for new bids. Upon approval, one fully executed original will be returned to your office for your records. Respectfully, Tom Sandefur Project Manager Page 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 NEWPORT COAST PICKBALL COURTS CONTRACT NO 9018-2 DATE: September 20, 2023 BY: (. City Engineer TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents - all other conditions shall remain the same. SPECIAL PROVISIONS SECTION 218 - MISCELLANEOUS ITEMS 218-1 COURT SURFACING 218-1.1 General Add the following after the first paragraph: Plexipave Hardcourt Surface System from ICP Building Solutions Group and TPS 5000 Court Surfacing from Hellas Construction are approved substitutions. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) Date Authorized Signature & Title NEWPORT COAST PICKELBALL COURTS (PROJECT NO. 22-13) CONTRACT NO. 9018-2 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 24t" day of October, 2023. ("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: the work necessary for the completion of this contract consists of mobilizing, providing traffic control, erosion control, staking and survey monument restoration, verifying utility locations and coordinating with utility companies, clearing and grubbing, completing site demolition, earthwork, and site grading, constructing drainage improvements, concrete pickleball court over base material, concrete walk, trash receptacles, benches, tables, drinking fountain shade cloth and court surfacing, furnishing and installing black vinyl chain link, fence and gates, windscreen fabric, pickleball court posts, nets, landscaping and irrigation, improvements, preparing as -built drawings, and all other work required by the contract documents (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 9018-2, 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 Eighty Nine Thousand Two Hundred Twenty Dollars ($1,089,220.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Donald L Henderson to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. Green Giant Landscape Inc. Page 2 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: Director of Public Works City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 Green Giant Landscape Inc. Page 3 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Donald L. Henderson Green Giant Landscape Inc. 941-A Macy Street La Habra, CA 90631 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. Green Giant Landscape Inc. Page 4 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this 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 Green Giant Landscape Inc. Page 5 Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers 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 Green Giant Landscape Inc. Page 6 of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 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. Green Giant Landscape Inc. Page 7 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 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. Green Giant Landscape Inc. Page 8 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Green Giant Landscape Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: A r n C. Harp 'yJs City Attorney ATTEST: inDate:�n'�n � CITY OF NEWPORT BEACH, a California municip corporation Date: Mayor CONTRACTOR: GREEN GIANT LANDSCAPE INC., a California corporation Date: Signed in Counterpart By: By: Leilani I. Brown Donald L Henderson City Clerk Chief Executive Officer, Chief Financial OR, Officer, Secretary [END OF SIGNATURES] P Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Green Giant Landscape Inc. Page 10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: it IZLaS By: A r n C. Harp City Attorney /IN'S3 ATTEST: Date: By: _ Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Noah Blom Mayor CONTRACTOR: GREEN GIANT LANDSCAPE INC., a California corporation Date: 20 Don I e e son Chief Executive Officer, Chief Financial Officer, Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Green Giant Landscape Inc. Page 10 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 Californi County of On ��Pil� ��;� before me, 1,L),N �IL1��VlGI`^� �I QGtV�Iti�, Iy.bjtc (inseYt name and title of the officer) ' personally appeared �� S �We— 0 " who proved to me on the asis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si g nature (Seal) +tea O1 ry LUCY SERENA MUNTEANU Notary Public - California `= W Los Angeles County > + Commission # 2425259 r `' a•"" My Comm. Expires Nov 5, 2026 r EXHIBIT A CITY OF NEWPORT BEACH BOND NO. PB11510401376 Premium: Included with Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Green Giant Landscape Inc. hereinafter designated as the "Principal," a contract for: the work necessary for the completion of this contract consists of mobilizing, providing traffic control, erosion control, staking and survey monument restoration, verifying utility locations and coordinating with utility companies, clearing and grubbing, completing site demolition, earthwork, and site grading, constructing drainage improvements, concrete pickleball court over base material, concrete walk, trash receptacles, benches, tables, drinking fountain shade cloth and court surfacing, furnishing and installing black vinyl chain link, fence and gates, windscreen. fabric, pickleball court posts, nets, landscaping and irrigation, improvements, preparing as -built drawings, and all other work required by the contract documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of NewportBeach, 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 Eighty Nine Thousand Two Hundred Twenty Dollars ($1,089,220.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the. Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for. any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the Green Giant Landscape Inc. Page A-1 obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under. Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of.California. And Surety, for value received, hereby stipulates and agrees that no change, extension. of time, alterations or additions to the terms of the Contractor 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 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 instr named Principal and Surety, on the 9th Green Giant Landscape, Inc. Name of Contractor*. (Principal) Philadelphia Indemnity Insurance Company Name of Surety 800 E. Colorado Blvd., 6th Floor, Pasadena, CA 91101 Address of Surety „(626)639-1328 _ Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney nt has been duly executed by the above Clby,of November 20 23 . of ed Agent Signature Ryan Butterfas, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Green Giant Landscape Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cali ornia Coul of S. ss. C hm'�'n On , 20 'a before me, J Notary Public, personally appeared % , who proved to me o.n the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. .WITNESS my hand and official seal.joLu MUNTFaNu Notary Public - California Los Angeles County Commission # 2425259 My Comm. Expires Nov 5, 2026 Signat r (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory, evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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) Green Giant Landscape Inc. Page A-3 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 - j before me, Date personally appeared Adelaide C. Hunter, Notary Public Here Insert Name and Title of the Officer Ryan Butterfas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 070.-M"omy ADELAIDE C. HUNTER WITNESS my hand and official seal. Notary Public - California Orange CountyCommission ° 2343124 Comm. Expires Jan 23, 2025 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ 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 f 1 Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.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 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 Attomey(s) in Fact to execute on behalf of the Company bonds and 'undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. 7 v (Seal) B, Joh Glomb, IPrtwdem Cf:'tO Philadelphia Indemnity Insurance Company On this 51 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 rennagNBnis - Notary seal y . �t-��a • .. Y �f < m 9 •c.iZ._ Vanessa Mckenzie, Notary Public Montylomerycounty My commission expires November 3,2024 Commission number 1366394 Me Mber.t'annsytEa.: h aygociation of NVAH83 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 511 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 9th day of November 2023 1 927 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY EXHIBIT B CITY OF NEWPORT BEACH BOND NO. PB11510401376 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 21,784.00 , being at the rate of $ 20.00 per 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: documentsthe work necessary for the completion of this contract consists of mobilizing, providing traffic control, erosion control, staking and survey monument restoration, verifying utility locations and coordinating with utility companies, clearing and grubbing, completing site demolition, earthwork, and site grading, constructing drainage improvements, concrete pickleball court over base material, concrete walk, trash receptacles, benches, tables, drinking fountain shade cloth and court surfacing, furnishing and installing black vinyl chain link, fence and gates, windscreen fabric, pickleball court posts, nets, landscaping and irrigation, improvements, preparing as -built drawings, and all other work required by the contract documents, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, 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 Eighty Nine Thousand Two Hundred Twenty Dollars ($1,089,220.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. Green Giant Landscape Inc. Page B-1 As a part of the obligation secured hereby, and in addition to the face. amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in 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 th,; Principal and Surety above named, on the 9th f November 2023 Green Giant Landscape, Inc. Name of Contractor (Principal) uthonze Signature/Title i2vt' 'rLwi— Philadelphia Indemnity Insurance Company Name of Surety 800 E. Colorado Blvd., 6th Floor, Pasadena, CA 91101 Address of Surety (626)639-1328 'Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: M Aaron C. Harp City Attorney Au ze Agent Signature Ryan Butterfas, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Green Giant Landscape Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cali n a County of �qm de:. } SS. On �.� Prt►�,bP� 19; 120 before me„ Notary Public, personally appeared S who proved to me on the basis of satistaciory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. T"„.,wT, LUCY SERENA MUNTEANU Notary Public - California Las Angeles County Commission k 2435259 Comm. Expires Nov 5, 2026 Signat r (seal) ACKNOWLEDGMENT A notary public. or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of . } ss. On , 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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) Green Giant Landscape Inc. Page B-3 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 L Date personally appeared before me, Adelaide C. Hunter, Notary Public Here Insert Name and Title of the Officer Ryan Butterfas Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ��e _ — q4'... \ T � ADELAIDE C. HUNTER WITNESS my hand and official seal. W 'f `R= Notary Public - California ` = Orange County �1 -, Commission ,2343124 Signature_ �" My Comm. Expires Jan 23. 2025 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): Partner — El Limited El General ❑ Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator r1 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 sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14' of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF MARCH, 2021. I -k7(Seal) it h Glomb, Presidem & CE0 Philadelphia Indemnity Insurance Company On this 51 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. Commonwealth of Pennaylvaia • Notary Goal Vanessa Mckenzie, Notary Pubilo Montgomery county My oommisaion expires November 3, 2024 Commission number 1366394 Mamber, Ponnsytva s Association of Notaries Notary Public: 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 9th day of November 2023 2 t Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage 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. D. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than $5,000,000 per loss and $5,000,000 in the aggregate per policy period. Claims -made policies require a 10-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that Green Giant Landscape Inc. Page C-2 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 (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. Green Giant Landscape Inc. Page C-3 C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured 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. Green Giant Landscape Inc. Page C-4 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. 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 tD O m fl1 Oa ,2! E w 0 = ul 0 12 E C 4i cl m 0 V lo 'a c In ILI ro _j E z ti ai ca ca CD CS C r_ 0 C .2 10 E o L E z E 0 O. Fq 0 z .Ln T 0 C rx PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS NEWPORT COAST PICKELBALL COURTS PROJECT NO. P5274-S CONTRACT NO. C-9018-2 PART 1 — GENERAL PROVISIONS 1 SECTION 2 — SCOPE AND CONTROL OF THE WORK 1 2-5 PLAN AND SPECIFICATIONS 1 2-5.2 Precedence of Contract Documents 2 2-5.3 Submittals 2 2-5.3.1 General 2 2-5.3.3 Shop Drawings 2 2-5.3.4 Supporting Information 2 2-6 WORK TO BE DONE 2 2-7 SUBSURFACE DATA 3 2-9 SURVEYING 3 2-9.1 Permanent Survey Markers 3 2.9.2 Survey Service 3 SECTION 3 — CHANGES IN WORK 4 3-3 EXTRA WORK 4 3-3.2 Payment 4 3-3.2.3 Markup 4 SECTION 4 — CONTROL OF MATERIALS 4 4-1 MATERIALS AND WORKMANSHIP 4 4-1.3 Inspection Requirements 4 4-1.3.4 Inspection and Testing 4 SECTION 5- UTILITIES 5 5-1 LOCATION 5 5-1,1 General 5 5-1.2 Payment 5 SECTION 6 — PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 5 6-1.1 Construction Schedule 5 6-7 TIME OF COMPLETION 6 6-7.1 General 6 6-7.3 Contract Time Accounting 6 6-7.4 Working Hours 6 6-9 LIQUIDATED DAMAGES 7 6-11 TEMPORARY CONSTRUCTION FENCE AND ACCESS 7 SECTION 7 — RESPONSIBILITIES OF THE CONTRACTOR 7 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 7 7-1.2 Temporary Utility Services 7 7-8 WORK SITE MAINTENANCE 8 7-8.4.2 Storage of in Public Streets 8 7-8.6 Water Pollution Control 8 7-8.6.1 General 8 7-8.6.2 Beast Management Practices (BMPs) 8 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP) 9 7-8.6.4 Dewatering 9 7-10 SAFETY 9 7-10 PUBLIC CONVIENCE AND SAFETY 9 7-10.1 Traffic and Access 9 7-10.2 Storage of Equipment and Material in Public Streets 9 7-10.3 Street Closures, Detours and Barricades 10 7-10.4 Safety 10 7-10.4.1 Work Site Safety 10 7-10.4.1.1 General 10 7-10.5.3 Steel Plates Covers 11 7-10.5.4 "No Parking" Signs 11 7-10.6 Notices to Residents and Businesses 11 7-15 CONTRACTOR'S LICENSES 12 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS 12 SECTION 9 - MEASUREMENT AND PAYMENT 12 9-3 PAYMENT 12 9-3.1 General 12 9-3.2 Partial and Final Payment 16 PART 2 — CONSTRUCTION MATERIALS 16 SECTION 200 — ROCK MATERIALS 16 200-2 UNTREATED BASE MATERIALS 16 200-2.1 General 16 200-2.2 Crushed Aggregate Base 16 200-2.2.3 Quality Requirements 16 SECTION 201 — CONCRETE, MORTAR, AND RELATED MATERIALS 16 201-1 PORTLAND CEMENT CONCRETE 16 201-1.1.2 Requirements 16 201-1.1.2 Concrete Specified by Class and alternate Class. 16 201-1.2 Materials 17 201-1.2.1 Cement 17 201-2 REINFORCEMENT FOR CONCRETE 17 201-2.2 Steel Reinforcement 17 201- 2.2.1 Reinforcing Steel 17 206-6 CHAIN LINK FENCE 17 206-6.1 General 17 SECTION 218 - MISCELLANEOUS ITEMS 17 218-1 COURT SURFACING 17 218-1.1 General 17 PART 3 — CONSTRUCTION METHODS 17 SECTION 300 — EARTHWORK 18 300-1 CLEARING AND GRUBBING 18 300-1.1 General 18 300-1.3 Removal and Disposal of Materials 19 300-1.3.1 General 19 300-1.3.2. Requirements 19 300-1.5 Solid Waste Diversion 20 300-2 UNCLASSIFIED EXCAVATION 20 300-2.1 General 20 300-4 UNCLASSIFIED FILL 20 300-4.1 General 20 SECTION 303 — CONCRETE AND MASONRY CONSTRUCTION 20 303-1 CONCRETE STRUCTURES 21 303-1.7 Placing Reinforcement 21 303-1.7.1 General 21 303-5 CONCRETE CURBS, WALKS, GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 22 303-5.1 Requirements 22 303-5.1.1 General 22 303-5.5 Finishing 22 303-5.5.1 General 22 303-5.5.4 Gutter 22 303-5.7 Repairs and Replacements 22 SECTION 304 — METAL FABRICATION AND CONSTRUCTION 22 304-3 CHAIN LINK FENCE 22 303-1.7 Placing Reinforcement 22 PART 6 — TEMPORARY TRAFFIC CONTROL 23 SECTION 600 — ACCESS 23 600-1 GENERAL 22 PART 8 — LANDSCAPING AND IRRIGATION 23 SECTION 800 — MATERIALS 23 o� M G9 F l CITY OF NEWPORT BEACH 3 " NO.38433 PUBLIC WORKS DEPARTMENT C. SPECIAL PROVISIONS C— �qT CIVIV OF CPO NEWPORT COAST PICKLEBALL COURTS gjzc /z3 PROJECT NO. 22P13 CONTRACT NO. C-9018- 2 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P-5274-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition), including supplements, State of California Standard Specifications for Construction of Local Streets and Roads (latest edition). Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications for Public Works Construction may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents Add to this section, "If there is a conflict within any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control." 2-5.3 Submittals 2-5.3.1 General. Add to this section, "A *.pdf digital document of each submittal may be substituted for hard copies with approval of the Engineer. Hard copies still may be required for some submittals. Each submittal shall include a title page which clearly shows the following information; Contractor's name, address, and phone number; project name; submittal number and revision number; date; and relevant specification section. 2-5.3.3 Shop Drawings. Add the following to Table 2-5.3.3: TABLE 2-5.3.3 Item Subsection No. I Title Subject 7 304-3.1 ;General ;Chain Link Fences and Gates 2-5.3.4 Supporting Information. Delete m) of the second paragraph and replace with the following: m) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, installation instructions, and other information necessary to describe a system, product or item. This information is required for the following: a. Irrigation Systems. b. Drainage products (pipe, fittings, drains, clean outs, catch basin) c. Court surfacing products d. Vapor Retarder e. Windscreen f. Court nets and posts g. Trash receptacles, benches, tables, drinking fountain, shade cloth h. Chain link fence materials i. Retaining wall materials n) Landscaping submittals per subsection 800-1.5.4. o) Irrigation submittals per subsection 800-2.5. 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of mobilizing; providing traffic control, erosion control, staking and survey monument restoration; verifying utility locations and coordinating with utility companies; clearing and grubbing; completing site demolition, earthwork, and site grading; constructing drainage improvements, concrete pickleball court over base material, concrete walk, trash receptacles, benches, tables, drinking fountain shade cloth and court surfacing; furnishing and installing black vinyl chain link fence and gates, windscreen fabric, pickleball court posts, nets, landscaping and irrigation improvements; preparing as -built drawings; and all other work required by the contract documents. 2-7 SUBSURFACE DATA Add to this section, "The following report has been prepared for the City of Newport Beach and is attached in the Appendix. This report is incorporated into the project Contract Documents. The contractor is responsible to complete all recommendations as identified in this report (see Appendix A). "Geotechnical Investigation for Pickleball Courts Proposed at Newport Ridge Community Park, Newport Beach, California" 1 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "Consistent with California's Business and Professions Code §8771, California's Streets and Highways Code §1810.5 and the Greenbook Section 2-9.1, the Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the Design Engineer to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Design Engineer shall restore the affected survey monuments and their accessories at the Contractor's expense. 2-9.2 Survey Service Delete this section and replace with the following: "The design surveyor shall utilize/follow the existing City survey records and local control used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is DMc Engineering and can be contacted at (949) 753-9393. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacements will be performed at the Contractor's expense. Stakes will be set and stationed for curbs, concrete pads/walks, storm drains, structures, and rough/precise grades. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment Replace Section 3-3.2.3 Markup with the following: 3-3.2.3 Markup (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ........................................... 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures .......... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3 SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48-hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction materials. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General. Add the following after the 1st paragraph: "The location and existence of the utilities shown on the Plans are approximate and taken from available records." Add the following after the 2nd paragraph: "Within seven (7) Calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sand blasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre -construction condition or better." Add the following after the 3rd paragraph: "Subsurface installations include all existing structures and utilities (whether shown on the plans or not) that may conflict with the new improvements. The purpose of this utility verification is to confirm that there are no conflicts between new and existing improvements prior to the start of construction. Verification shall be by potholing or other suitable methods. Close attention shall be paid to the locations of new underground improvements such as drain pipes, water pipes, fence & gate foundations. The Contractor shall also field verify the invert elevation at the storm drain join location. " 5-1.2 Payment. Add following: "The cost for this work will be included in the "Mobilization and Traffic Control" bid item and no additional compensation will be allowed therefor." 0 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the `Notice to Proceed. 6-1.1 Construction Schedule Add the following between the first and second paragraphs of this section: "No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General Add to this section: "The Contractor shall complete all work under the Contract within 80 consecutive working days after the date on the Notice to Proceed. A 90-working day plant establishment period will begin following this 80-day contract work period. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.3 Contract Time Accounting Add to this section: "Any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 41', the first Monday in September (Labor Day), November 1111 (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 2411, (Christmas Eve), December 251h (Christmas), and December 3111 (New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." 6-7.4 Working Hours Normal working hours are limited to weekdays from 7:30 a.m. to 5:00 p.m. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. 5 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 $251 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,500". Revise paragraph two to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, park users, vehicular and pedestrian traffic, and the public as a result of construction operations." 6-11 TEMPORARY CONSTRUCTION FENCE AND ACCESS Access to the project site shall be from the existing parking lot. Any existing improvements damaged by the Contractor outside of the project limits shall be repaired per Section 7-9, Protection and Restoration of Existing Improvements. Prior to construction, the Contractor shall provide a temporary construction fence around the entire project site. The construction fence shall include a privacy screen and at least one temporary access gate. The construction fence shall be installed on the edge of the existing concrete walk. The temporary construction fence shall not block access to the existing walk. The fence shall not block the portion of existing concrete walk. Construction of this area shall be coordinated with the Engineer. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services Add to the end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. The city shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times, and rates of drawing of such water." 7-8 WORK SITE MAINTENANCE Replace Section 7-8.4.2 Storage of in Public Streets with the following: 7-8.4.2 Storage of in Public Streets Delete the entire section and replace with the following: "Construction materials and equipment may only be stored in streets, roads, parking lots or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.6 Water Pollution Control 7-8.6.1 General. Add to this section: "Surface runoff water, including all water used during saw cutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. 7 g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. The cost for preparing and implementing the BMP plans shall be included in the "SWPPP Implementation" bid item and no additional compensation will be allowed therefor." 7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP) Add to this section: A Storm Water Pollution Prevention Plan (SWPPP) is not required for this project. 7-8.6.4 Dewatering Add the following to the end of this section: "Per the Geotechnical Evaluation, groundwater was not encountered in the borings at the time of drilling. Regional maps indicate that the historic high groundwater at the site is greater than approximately 10 feet below the ground surface, so it is not anticipated to be found. Contractor shall contact the Engineer immediately if groundwater is found during construction. 7-10 SAFETY 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (W.A.T.C.H.), latest edition, also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within and around the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in City right-of-way or property if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." E:3 7-10.3 Street Closures, Parking Lot Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre -construction meeting - a traffic control plan showing typical closures and detour plans(s). The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. All advanced warning sign installations shall be reflectorized and/or lighted. 3. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718-3468 and all affected property owners." 4. Sidewalk closures in nonresidential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 5. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure. 6. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 7. Included in the TCP shall be the limits of the temporary construction fencing, the location of the temporary construction gate and how the Contractor will access the site from the parking lot. 7-10.4 Safety. 7-10.4.1 Work Site Safety. 7-10.4.1.1 General. Add to this section: The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. Add the following Section 7-10.5.4 "No Parking" Signs M 7-10.5.3 Steel Plates Covers Add the following: "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards." Add the following Section 7-10.6 Notices to Residents and Businesses 7-10.5.4 "No Parking" Signs The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs in the stalls which will be closed with approval from the Engineer. These signs shall be posted at least forty-eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2-inch-high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.6 Notices to Residents and Businesses Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification. 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS-BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. 10 The "As -Built' shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in 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 material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Traffic Control: Work under this item shall include, but not be limited to, providing bonds, insurance and financing, restroom facilities, submittals, traffic control, procurement and construction schedule, all reporting documentation; establishing an offsite material and equipment storage location; documenting existing conditions; attending all project coordination meetings, coordinating with all applicable agencies and stakeholders; securing project site with 6-foot screen fencing; verifying all utility locations; demobilizing including site cleanup, removing all Dig Alert markings; turning over any required documentation and turnover items as noted in these Special Provisions; and all other related work as required by the Contract Documents. Item No. 2 Demolition and Earthwork: Work under this item shall include, but not be limited to, clearing and grubbing the existing turf and planting areas, including grinding tree roots to clear the work area; hauling off excavated soil, saw cutting, removing and disposing of the existing concrete and reinforcement including sidewalk and mow curbs to the limits in contract documents; removing, excavating, hauling, stockpiling, and disposing of existing abandoned utilities and any other native/non-native underground material to the limits in contract documents, removing and disposing existing bleachers and backstop, concrete and foundation, saw cutting and removing AC and curb and removing and disposing of existing wrought iron fence and gates and modifying existing fence to accommodate new entry, removing existing trash can and returning it to the city, removing existing drinking fountain and capping line for future connection, removing existing electrical conduit and safe off wire for proposed HOA gate security system, grading (including selective grading) of work site; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 3 Aggregate Base: Work under this item shall include, but not be limited to, removing and disposing soil offsite, preparing subgrade, and placing and compacting imported Class II aggregate base; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. The unit cost shall be per cubic yard and 11 the amount paid shall be for the volume of aggregate base material imported to site only. Payment quantity shall not include the volume of soil exported. Item No. 4 Drainage Improvements: Work under this item shall include, but not be limited to, exposing existing utilities prior to excavating operations; excavating pipe trench; shoring and bracing the trench; patching temporary or placing trench plates; protecting the trench; installing pipes, rock backfill, bedding, fittings, pipe sleeves, drain inlets, catch basins, cleanouts, and external joint sealer; placing bedding; backfilling trench; compacting soil; connecting to existing facilities; removing, abandoning or protecting interfering portions of existing utilities or improvements; supporting temporary and permanent of utilities; disposing excess excavation materials; restoring all existing improvements damaged by the work; and all other work items as required for performing the work complete and in place. Item No. 5 Pickleball Court Hardscape, Base, Surfacing, and Paint: Work under this item shall include, but not be limited to; constructing concrete slab and rebar; placing pipe penetrations, court surfacing and line paint; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Items No. 6a-b PCC Sidewalk: Work under this item shall include, but not be limited to, preparing and compacting subgrade; constructing the PCC walk per contract documents including all expansion joint material, weakened plane joints and reinforcing steel when necessary; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 7 Electrical: Work under this item shall include but not be limited to, furnishing, and installing the electrical conduit as shown on the plans. This includes the conduit required to serve the project security system as well as all other electrical facilities. Installation and operation of the security system will be the responsibility of the Homeowners' Association, including supplying electrical power to this system. Work shall include furnishing and installing all pull boxes, conduit, conduit caps, 3/16 inch diameter pull rope, control box and modifications to all electrical facilities, and all other work required to complete the work in place. Item No. 8 Black Vinyl Coated Chain Link Fence With Windscreen Fabric (10-Foot): Work under this item shall include, but not be limited to, structural excavating the foundations; disposing excess soil; constructing concrete foundations; installing fence posts, rails, chain link fabric and fittings, windscreen per contract documents; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place. Item No. 9 Black Vinyl Coated Chain Link Fence (3-Foot): Work under this item shall include, but not be limited to, structural excavating and foundations; disposing excess soil; constructing concrete foundations; installing the fence posts, rails, chain link fabric and fittings; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place per contract documents. Item No. 10 Black Vinyl Coated Chain Link Fence Pedestrian Gate (8-Foot): Work under this item shall include, but not be limited to, structural excavating the foundations; disposing excess soil; constructing concrete foundations; installing gate posts, rails, chain link fabric and fittings, windscreen per contract documents; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place per contract documents. 12 Item No. 11 Black Vinyl Coated Chain Link Fence Pedestrian Gate (3-Foot): Work under this item shall include, but not be limited to, structural excavating the foundations; disposing excess soil; constructing concrete foundations; installing the gate posts, rails, chain link fabric fittings and gate security hardware; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place per contract documents. Item No. 12 Pickleball Court Nets and Posts: Work under this item shall include, but not be limited to, structural excavating the foundations; constructing the concrete foundations; installing the posts and nets; installing the ground anchors; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place per contract documents. Items No. 13a-f Trash Receptacles, Benches, Tables, Drinking Fountains, Shade Cloths, Wrought Iron Fence and Gates, Posts and Foundations: Work under this item shall include, but not be limited to, installing trash receptacles, benches, tables, and connecting these facilities to the PCC walk; drinking fountains and connecting these facilities to the existing water supply line, the shade cloths and connecting these facilities to the proposed fencing, wrought iron fence and gates, posts and foundations and connecting this facility to the PCC walk; restoring all existing improvements damaged by the work; and all other work items as required to complete the work in place per contract documents. Item No. 14 Erosion Control: Work under this item shall include but not be limited to, furnishing and installing the gravel bags and the temporary construction entrance/exit facilities as indicated on the plans and all required BMP measures. Item No. 15 Irrigation: Work under this item shall include, but not be limited to, furnishing and installing the irrigation system materials and related appurtenances; connecting to existing water and electrical utilities; excavating and backfilling pipe trenches; testing the irrigation system, as noted within sheets L-1.1 through L-3.1; providing contractor guarantee for the irrigation system components; providing irrigation system inspections and clean-up operations and all other work items as required to complete the work in place per contract documents. Item No. 16 Soil Amendment: Work under this item shall include, but not be limited to, placing soil amendments; providing soils testing; conducting necessary weed abatement cycles; providing clean-up operations within the limits as shown on the contract documents and all other work items as required to complete the work in place per contract documents (refer to sheets L- 4.1 through L-6.1). Item No. 17 Planting: Work under this item shall include, but not be limited to, excavating and backfilling of planting pit; placing plant and turf material; providing clean-up operations within the limits as shown on the contract documents (refer to sheets L-4.1 through L-6.1); and all other work items as required to complete the work in place per contract documents. All plant submittals shall include a scaled photograph of each representative plant shown on the drawings. Item No. 18 Plant Establishment Period (90 Calendar Days): Work under this item shall include, but not be limited to watering, mowing, fertilizing the project related landscape materials; supervising the embellishment work; and all other work items required to establish 13 and maintain the landscaping for the entire duration of the Plant Establishment Period per the contract documents (refer to sheets L-5.1 through L-6.1). Item No. 19 Provide As -Built Drawings: Work under this item shall include, but not be limited to, all costs necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for monthly progress payment. The amount of $1,500 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. Item No. 20 Excavate in Bedrock: Work under this item shall include, but not limited to, all costs required to excavate, remove, and dispose of bedrock material necessary to construct such items as pickleball court, fence posts, drainage improvements and other facilities as indicated on the plans. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace it 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. Untreated base shall be crushed aggregate base (Class II), with gradation per the State Standard Specifications Section 26. 200-2.2 Crushed Aggregate Base 200-2.2.3. Quality Requirements. The minimum R-Value requirement will not be waived. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Add to this section: Portland Cement concrete for construction shall be Class 560-C-3250 unless otherwise specified on the contract documents or approved by the Engineer. 201-1.2 Materials 201-1.2.1 Cement Add to this section: Cement shall be Type I I/V Portland Cement. E 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Add to this section: All concrete reinforcing bars shall be Grade 60 epoxy -coated according to ASTM A775 latest revision with 2-inch minimum cover unless shown otherwise on the plans. All concrete reinforcing wire shall be epoxy coated according to ASTM A884 latest revision. All epoxy coated rebar patching material shall be compatible with the coating material, inert in concrete, meet the requirements of Annex Al of ASTM A775, and obtained from the manufacturer of the epoxy resin that was used to originally coat the rebars. Ship epoxy -coated rebars with only plastic tags secured to rebars by nylon or plastic ties 206-6 CHAIN LINK FENCE 206-6.1 General Add to this section: "This section shall be superseded by details and notes shown on plans where applicable." SECTION 218 — MISCELLANEOUS ITEMS 218-1 COURT SURFACING 218-1.1 General Court surfacing shall be Sport master Sport Surfaces products or an approved equal and shall include Acrylic Resurface with Sand, Neutral Concentrate with Sand, and Color Plus. Colors shall be light green within the non -volley zone and blue within the court. All materials shall be applied per the manufacturer's specifications. Finishing of slab shall be per manufacturer's recommendations. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.1 General Add to this Section: "In addition to the work outlined in Section 300-1, "Clearing and Grubbing," of the Standard Specifications, the following items of work are included under Demolition and Earthwork/Clearing and Grubbing unless otherwise covered by a specific bid item: 15 a) Removal and disposal of all vegetation, trash and other objectionable material from the affected portion of the project site. b) Maintain dust control at all times by watering, including developing a water supply and furnishing and placing all water required for work done in the Contract, including water used for extra work. c) Protection and maintenance of existing improvements, including utilities, trees, plants, irrigation, including temporary capping of facilities as required during construction, fences, walls, and other facilities within the construction zone, except those specifically shown on the Plans or directed by the Engineer to be removed or relocated. d) Maintenance of the site in a neat and orderly condition throughout the construction period and clearing and removal of debris from site of work. e) Removal of all USA mark -outs. f) Trimming of trees for the Contractor's convenience shall be at the Contractor's expense and shall be subject to prior approval of the Engineer. g) Items to be salvaged shall be removed in a manner as to not damage them. Upon removal, the Engineer will review the condition of salvaged material and direct Contractor to either deliver the salvaged material to the City's Utilities Yard at 949 West 16th Street, another location with the City, or to dispose of off -site. The Contractor shall make arrangements for the delivery of salvaged materials to the City Utilities Yard by contacting the City of Newport Beach Utilities Division at (949) 644-3011. h) In the event that a cultural or paleontological resource is exposed during ground disturbing activities, construction activities (e.g., grading, grubbing, or vegetation clearing) should be halted immediately near the discovery and the Contractor shall information the Engineer. i) Per State of California Health and Safety Code Section 7050.5, if human remains are discovered during ground disturbances, all construction activities shall be halted immediately near the discovery and the Contractor shall inform the Engineer. Construction activities may not resume until the Coroner has made a determination of origin and disposition pursuant to PRC Section 5097.98." 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?paqe=157 and then selecting the link Franchised Haulers List. All materials removed shall be legally disposed of by the Contractor at locations outside the project site unless otherwise shown on the Plans or specified in the Special Provisions. All removal bid items shall include the cost of disposal and no additional compensation shall be allowed therefor." 16 300-1.3.1 General Add to this section: The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Prior to any removals, the Contractor shall verify the location of the existing underground utilities within the site (including irrigation lines) and confirm that they will not be in conflict with any of the proposed improvements. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris, or other deleterious material from the job site at the end of each workday or as directed by the Engineer. The contractor shall meet with the Engineer to mark out the areas of any roadway or parking lot removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items. Reinforcing or other steel may be encountered in portions of concrete to be removed. No additional compensation will be allowed for the removal of concrete containing reinforcing or other steel. Backfill shall be placed and compacted to fill any voids created by removals. Backfill shall be placed and compacted in accordance with Section 300-4 "Unclassified Fill" of the Standard Specifications. This work shall be included in the individual removal item and no additional payment will be allowed therefor. 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1'/2 inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion Non -reinforced concrete wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention. 17 300-2 UNCLASSIFED EXCAVATION 300-2.1 General. Add to this Section: "Per the Geotechnical Evaluation, it is recommended that corrective grading be performed to remove the existing highly expansive soils and replace them with Class II aggregate base material to support the proposed pickleball courts. The expansive soils should be removed to bedrock as indicated on the plans. Excessive material shall be disposed offsite. Portions of interfering abandoned utilities in conflict with the new improvements (including the scarification zone) may need to be removed and disposed of. This work shall be assumed to be included in the lump sum price for "Demolition and Earthwork" and no additional compensation shall be paid. 300-4 UNCLASSIFED FILL 300-4.1 General Delete this section and add the following: Class II aggregate base shall be used for fill within the limits shown on the plans. Spreading material, adding water, compacting, measurement and payment shall be per Section 26 of the State of California Standard Specifications for Construction of Local Streets and Roads (latest edition). SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-1 CONCRETE STRUCTURES 303-1.7 Placing Reinforcement. 303-1.7.1 General Add to this section: "Handling of Epoxy -Coated Rebar: Epoxy -coated reinforcing bars shall be stored, transported, and placed in accordance with ASTM D3963 and in such a manner to avoid chipping of epoxy coating. 1. Use padded or nonmetallic slings and padded straps to protect coated reinforcement from damage. 2. Handle bundled bars to prevent sagging that could damage the coating 3. Do not drop or drag rebars 4. Store on wooden cribbing 5. Coated rebars subject to rejection by Engineer if rebar coating has been damaged. 6. Coat all tie wires, clips, chair and bar supports, and all other metallic materials used to install the epoxy -coated reinforcing bars with either: a. The same powdered epoxy resin with a minimum thickness of 6 mils (0.15mm) b. A plastic material approved by the Engineer. 7. Use plastic headed concrete vibrators during concrete placement around epoxy -coated rebar. Inspection of Epoxy -Coated Rebars: 1. Coated rebars will be inspected on the jobsite for handling defects, coating abrasion, coating thickness and continuity of coating. 2. Engineer may defer final inspection of rebar coating integrity and repairs until the rebars have been erected and all handling is completed. 3. Repair procedures to be approved by the Engineer prior to implementation. a. Do not place concrete until all repairs to the coatings have been completed. Patching of Epoxy -Coated Rebar: 1. Patching and repair to be performed in accordance with the instructions of patching material manufacturer. 2. Patching material to provide a minimum film thickness of 5 mils over the bare area. a. Thickness of area adjacent to patched area not to exceed 15 mils. 3. Areas to be patched to be clean and free of surface contaminants. a. Treat areas in accordance with patching material manufacturer's instructions before oxidation occurs. 4. Total surface area covered by patching material not to exceed 2 percent of total surface area of the rebar. 5. Rebar welds and adjacent bare rebar areas to also be patched after welding is completed." 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Add to this section: "The pedestrian hardscape being replaced as part of this project shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patch back shall be placed within 72 hours following concrete placement." 303-5.5 Finishing 303-5.5.1 General Add to this section: "The Contractor shall repair and clean, at the Contractor's expense, all concrete damaged or discolored (including graffiti) during construction. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Section 303-5.7, "Repairs and Replacements," of the Standard Specifications. No additional compensation shall be paid for repairs due to damaged or discolored concrete. 303-5.5.4 Gutter Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. 19 The Contractor shall conduct a flow test in the presence of the Engineer prior to acceptance of the flowline constructed by the Contractor. Any new work found to be defective shall be repaired or replaced by the Contractor in accordance with Section 303-5.7, "Repairs and Replacements," of the Standard Specifications. No additional compensation shall be paid for repairs due to failed flow tests. 303-5.7 Repairs and Replacements Add to this section: "Where any concrete requires repair before acceptance, repair shall be made by removing and replacing the entire area between joints, and not by refinishing the damaged portions." SECTION 304 — METAL FABRICATION AND CONSTRUCTION 304-3 CHAIN LINK FENCE 304-3.1 General Add to this section: "Chain link fence and gates shall be per details shown on plans. Contractor shall submit Shop Drawings showing the details and dimensions of all chain link fences and gates." PART 6 — TEMPORARY TRAFFIC CONTROL SECTION 600 — ACCESS 600-1 GENERAL Add the following to the end of this section: "Pedestrian access to all park facilities within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to park users whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans". 20