Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-5035 - Irvine Avenue Median Landscape Improvements
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC February 13, 2014 KASA Construction, Inc. 316 N. Corona Avenue Ontario, CA 91764 Subject: Irvine Avenue Median Landscape Improvements — C-5035 Dear KASA Construction, Inc.: On February 12, 2013 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 26, 2013. Reference No. 2013000117107. The Surety for the contract is International Fidelity Insurance Company and the bond number is 0574204. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 9 www.newportbeachca.gov City of Newport Beach IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS THE FINAL PREMIUM 18 Contract No. 5035 PREDICATED ON THE 0574204 FINAL CONTRACT PRICE BOND of 2 Originals) FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,497.00 beteg a<the rata of $ 20.00 1st $100k & $12.00 Balance t xK=nd of the COnirad price. WHEREAS, the City Council of the City of Newport Beach, State of Califomla, by notion adopted, awarded to KASA Construction, Inc., hereinafter designated as the 4Principor, a contract for construction of IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS, Contract No. 5035 In the City of Newport Beach, In strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contrad No. 5035 and the tames thereof require the furnishing of a Bond for the faithful performance of the Contract NOW, THEREFORE, we, the Principal, and International Fidelity Insurance Company _ duly authorized to transact business under the lews of the State of Callomia as Surety (hereinafter 'Sund)o, are held and finny bound unto the City of Newport Beach, in the sum of Three Hundred Eight Thousand, Seventy -Five and 001100 Dollars ($308,078.00) 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 srocassors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, succesaom, or assigns, Jointly and severely, frmty by these pressnL THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fag to abide by, and well and truly keep and perform any or cal the watt, covenants, conditions, and agreernerrts in the Contract OoaumeMs and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the mamw therein specified, and in all respects according to its true intent and meaning, or fails to indemnity, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfWiy perform the some, in an amount not exceeding the ami specified in this Bond; otherwise this obligation shall become null and void. 29 As a part of the obligatiorr secured hereby, and in addition to the face amount spedd(ed in this Performance Bond, there shall be included casts and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only In the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. -lYt � i •,If ♦ . • 'I _ f i ♦ • k: Y= F. i Y ! '♦ Y i C Y ♦' i • This FaMl Performance Borst shall be extended and maintained by the Principal in full forae and etfed for one (1) year following the date of formal acceptance of the Project by the 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 Wi1NESS WHEREOF, this instrument has been duly exearted by the Principal and Surety above named, on the 31st day of May _ 20112. KASA Construction, Inc. (Principal) International Fidelity Insurance Company Name of Surety 233 Wilshire Blvd., #820 Santa Monica, CA 90401 Address of Surety 877-395-7887 Telephone NOTARY ACKNOWLEDGMENTS OF ATTACHED Matthew R. Dobyns, Attorney -In -Fact Pn rd Name and Title 30 AND SURETY MUST BE ACKNOWLEDGMENT ................... a. soon son ,... a..,....,..,....., a u.,...... a% *a.. i„a as a.,a. al State of California County of Orange )ss. 31 st, 2012, before m8 Erika Guido Notary .. _ • ..wL.....D � Proved to me on the basis of satisfactory evidence to be the person(II) whose name(s) islatli subscribed to the within Instrument and admoviledged to me that heleiydbW executed the same In NslRWRfiW authorized capacity6e4 and that by hisMKAMW signatures%) on the Instrument the person(s), or the entity upon behalf of which the person($) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Sign 9� ERIKA GUIDO a COMM.#1843731 f g NOTARY PUBLIC CALIFORNIA ;o - ORANGEro My comm. w r May May 5.. 2013 awn a..,a„aa..... aa.....................................a Y....................r..., OPTIONALWORM TM Date of Document Type or Title of Document Number of Pages in Document Document In a Foreign Language Type of 5atidectory Evidence: Personally Known with Paper identification Paper Identification _Credible Witness(es) CepacRy of Signer: Trutese xx PowerofAttomey CEO / CFO 1COO President I Vice --President f Secretary I Treasurer Other• Other Information: 31 Thumbprint of SWner ❑ chm* two Ir no himLpnnt or rhQuIxt is MUM. ACKNOWLEDGMENT ■amsaaas as ago "season.gaa►►was sago gone Oman"soon Nam on man ago ►► wagons Roaauaa►al State of California i County of, 4atA &rhtrcL.gGS 1W. On Pubbe[e r F Notaryi lic, parayeared who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) Islam subscribed to the wittdn Instrument and admowiedged to me that hetshelthey, executed the some in his/herRheir authorized capacity(les), and that by hislher/tileir signstures(s) on the Instrument the person(s), or the entity upon behalf of which the persons) 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 coned. WITNESS my hand and official seal. HECTOR 2kVALA Commission # 1668453 Z. , o Notary Public -California > r Los Angeles County MY comm. Expires Oct 28, 2013+ +' S' u ca•�n at►baa aagN�►s►m area aaaa an►U►►aaaaaa►aa►►ria►a►:aaa►aaaa�►ani►aua am►a►a►►►nni 010"ONAL INFORM 101 f Oste of DoCfane It Type or Title of Ooemment Number of Pa8es In document Ooeument In a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper iderdWation Paper Identiflcation _ Credible Wltrross(es) Cape* of Signer; —TM$tw Power of Attomey CEO/CFO/COO .� President / Yce-President / Secretary / Treasurer .—.� r —Oft Other Information: 32 ❑ Check here N to ftuffopirm or snaerprind Is avekbW and odterwritin pbllgafotyin the nature thereof, whiph are or may allowed, requii2d ar parimtte8'by law, staa.lt elle, reeggulafion; contract or otherwise abd the exew n of s to insVument(a m purs wnce of these presents, shall be as binding upon the. said IN ERNATtONAL F LtTY 7NSURANC� COMPANY and ALLEGCASUALCOMPANY, as fully aAd'amply, to all In and purposes, as if the same had been duly executed and _eckrowtedged by their regularly elected officers at their:.pi;cipat offices. This Ppwer of Attomaeyy.� Is executed and maq be revoked, pursuant to and by authbMm' yy of the Byy-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY add ALLEG7fEN ,vCASIlALTY G(3MPAW and Is'granted under And authority of the fowl resolution: adopted by the hoard of Directors ..r. Il.ITCORI'ATIlttJAI CIh=I l IAICI IDARIr�a nnRMAKIV Di mauann A„I,t hatA nn 1hn 1Mh rlav rtf Liv in anti hy th5 Rna d of fYra .f e- rA ALLEGHENY "RESOLVED that Attorneys -in -Pact 1 and affix the Corpl related lbereto; ar precess, and Atton Coiporation and IN recdizance con heregioreor llarea and binding.upon tt On this 12th day swom, said he is COMPANY; that duly affixed by ordr NSI`".' it' �p�Qt W -t 2. VVa,ww, v,IGu{LID VI JLl,v 4VIUIJPIpG3. _ Y.:. IN TESTIMONY WHEREOF, I have at the .City of Newark„ New Jersey the TY: COMPANY have each executed•and tT W, MINS R midentlChieff rrafing,Officer Ity Insurance Company) egheny Casualty Company) rstinalty known, and, being by me duly IMPANY and ALLEGHENY CASUALTY :orporate Sealsand his signature were nto set•my hand affixed. my Official Seal, and year first above mitten. 11 1 . s 49x3 MyCorrim CERTIFICATION IN TESTIMONY WHEREOF I have hereunto set my hand this '31st day of May! 201 ILIC'OF NEW JERSEY Expires Mar. Z7, 2,014 ;OMPANY do hereby certify that I have If said Companies as set forth in said.:.. transcripts thereof, and. of the whole OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leila,ni I. Brown, MMC September 25, 2013 KASA Construction, Inc. 316 N. Corona Avenue Ontario, CA 91764 Subject: Irvine Avenue Median Landscape Improvements - C-5035 Dear KASA Construction, Inc.: On February 12, 2013, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 26, 2013, Reference No. 2013000117107. The Surety for the bond is International Fidelity Insurance Company and the bond number is 0574204. Enclosed is the Labor & Materials Payment Bond. Sincerely, * 0� 'N' Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 � Fax: (949) 644-3039 - www,newportbeaehca.gov Premium: Included on Performance Bond. • Its ! VJNE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS Contract No. 5035 BOND NO. 0574204 {1 of 2 Originals} LABOR AND MATERIALS PAYMENT BONA WHEREAS, the City Council of the City of Newport Beack State of California, by motion adopted, has awarded to KASA Constfucdon, Inc., herenaiter designated as the'Pr� a contract for construction of IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS. Contract No. 5035 In the City of Newport Beach, in strict conformity with the plans, drawings, speaflcations and other Conbact Documents in the office of the Public Works Department of the City of Newport Beech, sit of which are incorporated herein by this reterance. WHERE&S, Principal has executed or is about to execute Contract No. 5035 and the terms thereof require the furnishing of a bond, providing that if Pdndpat or any of Principal's subcontractors, shag fall to pay for art+ materials, provisions, or otter supplies used in, upon, for, or about the performance of the wort agreed to be done, or for any work or labor dote thereon of any kind, the Surety on this bond will pay the some to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, International Fidelity Insurance Company dilly autlxsr¢ed to transact business under the laws of the State of California, as Surety, (referred to herein as "Surely) ata held firmly bound unto the City of Newport Beach, in the am of Three Hundred 099 Thousand, SaverrWlve and 001100 Dollars ($3MOM00) 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 otrselvas, our heirs, executors and administrators, successors, or assigns, Jointly and severally, fkn* by these present. THE COMMON OF THIS OBLIGATION IS SUCH, that If the Principal or the Pdnelpers subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used h►, upon, for, or about the performance of the work contracted to be done, or for any otter work or labor thereon of any kind. or for amounts die under the Unemployment Insurance Code with respect to such work or labor; or for any amounts required to be deducted, wfflft d and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuard to Section 1302D of the Unemployment insurance Code with respect to such work and labor, then the Surety will pay for the same, In an amount notexceeft the anon specified in this Bond, and also, in case suit Is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be foxed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Gafifomia. 33 The Bond shall Inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 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 3247 at. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of thee, alterations or additions to the terms of the Contract: or to the work to be performed d thersundar or the specifications accompanying the sane: shad in any wise atTect its obligallons on this $arid, and it does hereby waive notice of any such change, extension of time, etberafions or addidOns to the terms of the Contract or to the work or to the specifications. IN WITNESS WHEREOF, this Instrument has been duly executed by the above named Principal and Surety, on the 31st day of May . 2012. —1> a u...m It satyr KASA Construction, Inc. (Principal) International Fidelity Insurance Company Name of Sunny 233 Wilshire Blvd., #820 Santa Monica, CA 90401 Address of Surety 877-395-7887 Telephone Matthew R. Dobyns,Attorney-In-Fact Print Name and Title NOTARY ACKNOWKEDWENTS OF C-113111TRACTOR AM. MUST BE ATTACHED FT ACKNOWLEDGMENT alaaaaaaa■•saaaralaa a l NOW aaarar a a pass l aa••rlaaaalla Oman 0MR6410a8•a• a aaaa9 rrrrlu State Of California orgy of Orange I s& o1 May 31st, 2012. before me Erika Guido Public, personally appeared Matthew R. Dobyns Notary proved to we on the basis of satisfactory evidence to be the personN whose nam*) 1&� subscribed to the within Instrument and acknowledged to me that heat tl executed the same in hlalGferltixefr authorized capackyW and that by hislluddi tbt signatures(s) on the Instrument the pemonM, or the entity upon behalf of which the parson(*) acted, executed the instrument. 11 - i •- !1111 •_FPII - e - FFil A a t - WITNESS my hand and official seal. rra raaa erluurraauaarlrr uauai tiaar.r•uq�r raraualaaarurraaur.uuba»ut t • s - Date of Document Type or This of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence., Personally Known with paper IdenURcatkm Paper Identification Capacity of Signer: Trust" xx PowerolAttomey _ CEO / CFO! COO President t Vice -President t Secretary / Treasurer —Other Other Intormation: Thumbprint of Signer El Chwhhare9 sorhwft t arflrgWnr Is vAdws. ACKNOWLEDGMENT awe■•Y •assomw•ansmassummmoos �••a••�awYaYa ■aaYYaaa aaawYYaYa1 On Public, before me, Notary proved to rte on the basis of satisfactory evidence to be the person(s) whose name(s) Were subscribled to the within instrument and acknowledged to me that he/shelthey executed the some in his/herAWr authorized capachy(tes), and that by his/her/their signsh res(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. HECTOR ZAVAIA -+i Commission # 1868453 & Notary Public - California z z los Angeles County > My Comm. Expires ct1i, 20i 3 �...,. (een mYa•■as YY aauauuw uwa Yaa aauwu•w YY SY awawYau YuuoYYawweuuYaaaw YYY•aaYae OP770MAL NPORMATION Date of Document Type or Title of Document Number of Pages in Document Doctmrent in a Foreign Language Type of Sallsfsotory Evidence: _ Personally Known with Paper Idenbi loation Paper Identification _ Credtlrte witnesst ) Capacity of Suter. _ Trustee _ Power of Attorney CEO/CFO/COO President I Vice -President / Secretary I Treasurer Other Other Information: a] Thumbprint of Signer Q ceaekhmir uo thumbprint orf®gerpTW IS avAlable. ynn,..Frm,nrfwin!7 V,ryoTn!7rm,wew.jersey, conereoy.consotrneanc_appoint - RANDY SPOHN, MATTHEW R. DOSYNS Santa'Ana, CA. :. fh6ir }nm and F�uRil Mfnroti../ek.in h�nf •..-'e.,e...,b ..e:.� ,...w wu ....':L. __� __ :.� � _" __ _.i.:_ __.. __� .� ._ � .:'_ � � ._ - _ _::. .. Rieff, Kim From: Lee, Iris Sent: Wednesday, September 25, 2013 2:00 PM To: Rieff, Kim Subject: RE: KASA Construction C-5035/ Crane Man, Inc. / Stop Payment Notice / $552 I Retention Release Hi Kim, There was no paper work as the claimant did not commence an action within 90 days, per CA Civil Code Section 9502. Thanks! Iris From: Rieff, Kim Sent: Wednesday, September 25, 2013 12:23 PM To: tee, Iris Subject: RE: KASA Construction C-5035/ Crane Man, Inc. / Stop Payment Nonce / $552 / Retention Release Iris, Do you have the paperwork for the Release of all of the Stop Notices? We need that for the file before I can mail the Labor and Materials Bond. Thank you. Kim From: Lee, Iris Sent: Wednesday, September 25, 2013 7:18 AM To: Rieff, Kim Cc: Brown, Leilani Subject: RE: KASA Construction C-5035/ Crane Man, Inc. / Stop Payment Notice / $552 / Retention Release Hi Kim, Thanks so much for the follow-up. The Labor and Materials Bond can be released. Iris From: Rieff, Kim Sent: Monday, September 23, 2013 10:39 AM To: Lee, Iris Cc: Brown, Lellani Subject: RE: KASA Construction C-50351 Crane Man, Inc. / Stop Payment Notice / $5521 Retention Release Iris, Do you have any information for me? Kim EiEr,Fl\%ED 8711 PARK STREET, BELLFLOWER, CA 90106 PHONE: (213) 276-6f3F e62),63Wh. 30 n� 7K 0, V Fbx To: Public Works Department Ci'1►E ►1 i r r Date—_11J-11. Copies Sent To: City Council City Manager City Attorney From: Minna Ktm Fax (949) 6443318 Pages: 2 (including cover sheet) Phono: nate: 2/28/2013 Re: Stop Payment Cc: Urgent O For Review ❑ Please comment 0 Please RePly d Please Reoyele ❑ Comments I would like to check on the status of a Stop Payment Notice for. - Project CAP 12-0036 - Contract # 5035 (planting palm trees on the Irvine Ave Median) - Location: near the Irvine Ave / Dover drive intersection - Date of Stop Payment Notice: November 5, 2012 The stop payment was served on account of an overdue balance for crane services rendered to KASA Construction, Inc. in the amount of $552.00. The current balance, with interest, is now $1,376.00_ t have attached the current invoice. Please provide updated information on the status of the Stop Payment Notice. We would like to take this case to court and are collecting the necessary paperwork to do so. Thank you, Minna Kim CRANE WiN, INC. 8711 Park Street Beiftlower, CA 90706 P: (213) 276-2108 F: (562) 630-6639 cranernmnc@yahoo.com TO KASA Construction, Inc. 316 N. Corona Ave. Ontario, C N 91764 Q0002/0002 INVOICE INVOICE #22813 DATE: 2/28/2013 CONTACT Tony Kasbar JOB SITE City of Newport Beach Irvine Avenue / Dover Drive CRANE OPERATOR JOB PAYMENT TERMS Charles Kim Irvine Ave/Dover Dr C.O.D. DUE DATE October 12, 2012 SERVICE DATE DESCRIPTION 10/12/2012 JOB TIC:KET#1247 5 10/16/2012 KASA Office Meeting with Operator [ 3hrs X $851 $ 11/5/12 Stop Payment Processing Fee $ 12/12/12 25% Interest October 14 — November 12, 2012 $ 1/12/13 25% Interest November l3—December 12, 2012 $ 2/12/13 25°, u Interest December 13 —February 12, 2012 $ SUBTOTAL SALES TAX am 552.00 225.00 185.00 138.00 138.00 138.00 TOTAL $ 1,376.00 Make all checks payable to CRANI. MAN, INC. CRANE NXNN, INC. is not responsible for any floor damage. Street packing Permit by the city must be provided at the jab site. Please provide a guide who will provide the appropriate direction of the job. Thank you for your business! REQ 1FIVFD RELEASE OF STOP PAYMENT NOTICE IN ITS ENTIRETY - PRIVATE WORKS / PUBLIC WORKS 1013 APR - I PM 1. 36 (CA CIVIL CODE " 8044, 8100 et seq., 8500 et seq., 9350 et seq.) Or,' ET -�fr OF T_,' TO: OWNER OR REPUTED DIRECT CONTRACTOR or CONSTIR56-LION LENDER-aM1r(AtPUTED OWNER, OR PUBLIC ENTITY REPUTED DIRECT CONTRACTOR CONSTRUCTION LENDER if any (see CA Civ. Code §§ 8506, 8520.8522, 8036, 9354) (see CA Civ. Code § 8018) (see CA Civ. Code § 8006, 8506, 8534-8538) NAME: CITY OF NEWPORT BEACH KASA CONSTRUCTION INC NONE/BOND CO: ADDRESS: ATTN: IRIS LEE 316 N CORONA AVE R S BONDING 3300 NEWPORT BLVD ONTARIO CA 91764.4422 ATTN: MATT DOBYNS NEWPORT BEACH CA 92663 1633 E 4TH ST #228 SANTA ANA CA 92701 THE UNDERSIGNED, JOHN DEERE LANDSCAPES HEREBY ENTIRELY RELEASES AND FULLY DISCHARGES THE STOP PAYMENT NOTICE DATED 02/12/2013 WHICH WAS AT THAT TIME IN THE AMOUNT OF $ 16,546.00 AGAINST CITY OF NEWPORT BEACH AS THE OWNER OF THE WORK OF IMPROVEMENT OR THE PUBLIC ENTITY, OR (IF APPLICABLE) AGAINST Contractor: KASA CONSTRUCTION INC AS DIRECT CONTRACTOR FOR THE WORK OF IMPROVEMENT LOCATED AT THE FOLLOWING ADDRESS OR SITE OTHERWISE DESCRIBED SUFFICIENTLY FOR IDENTIFICATION: Address or JOB #3015 Description: IRVINE AVE & DOVER BETWEEN FLOWER ST & CABRILLO ST NEWPORT BEACH CA "IRVINE MEDIANS LANDSCAPE IMPROVEMENTS" DATE: 03/26/2013 NAME OF CLAIMANT: l^Ukt n==o= 1 A Klr%Or` A MMM BY: Date q `,, /13 COpieS &� ,It TO: City c -;o unci) City Manager _;; City Attorney File STOP PAYMENT NOTICE - PRIVATE WORKS / PUBLIC WORKS LEGAL NOTICE TO WITHHOLD CONSTRUCT (CA CIVIL CODE" 8044, 8100 et seq., 8500 et seq., TO: OWNER OR REPUTED OWNER, OR PUBLIC ENTITY (see CA Civ. Code §§ 8506, 8520-8522, 8036, 9354) NAME: CITY OF NEWPORT BEACH ADDRESS: ATTN: IRIS LEE 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 DIRECT CONTRACTOR or S U(( �T O�� L �)ER or REPUTED REPUTED DIRECT CONTRACTOR' "ICO Tf2I C7I0 LENDER if any (see CA Civ. Code § 8018) (see CA Civ. Code § 8006, 8506, 853a-8538) KASA CONSTRUCTION INC 316 N CORONA AVE ONTARIO CA 91764.4422 NONEIBbND CO: R'S BONDING; ( T`' ATTN: MATT DOBYNS 1633 E 4TH ST #228 SANTA ANA CA 92701 YOU ARE HEREBY NOTIFIED THAT (Claimant): Name: JOHN DEERE LANDSCAPES Address: SHERI MOORE 707-665-4248 1425 N MCDOWELL BLVD #125 PETALUMA CA 94954 Relationship to the parties of the one giving this notice (subcontractor, supplier, describe if otherwise): SUPPLIER HAS F! RINISHED WORK, LABOR, SERVICES, EQUIPMENT OR MATERIAL OF THE FOLLOWING GENERAL DESCRIPTION: LANDSCAPE & IRRIGATION MATERIALS FOR THE BUILDING, STRUCTURE OR OTHER WORK OF IMPROVEMENT LOCATED AT THE FOLLOWING ADDRESS OR SITE OTHERWISE DESCRIBED SUFFICIENTLY FOR IDENTIFICATION: Address or JOB #3015 Description: IRVINE AVE & DOVER BETWEEN FLOWER ST & CABRILLO ST NEWPORT BEACH CA "IRVINE MEDIANS LANDSCAPE IMPROVEMENTS" THE PERSON OR FIRM TO WHOM SUCH WORK, LABOR, SERVICES, EQUIPMENT OR MATERIAL IS PROVIDED: Name: KASA CONSTRUCTION INC Address: 316 N CORONA AVE ONTARIO CA 91764-4422 The value of the whole amount of work, labor, service, equipment, and/or material to be provided is: $ 16,546.00 The value of work, labor, services, equipment or material provided to date is: - - - - - _ 16,546.00 Claimant has been paid the sum of: - ------------------ 0.00 And there remains unpaid after deducting all just credits and offsets the sum of: - _ - _ - - _ _- _ 16,546.0-0 Together with interest at the rate of: 18.00% per annum, from 02/12/2013 UNDER CALIFORNIA CIVIL CODE § 8522, 8536, and/or 9358 YOU ARE REQUIRED TO SET ASIDE SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST, COURT COSTS AND REASONABLE COSTS OF LITIGATION, AS PROVIDED BY LAW. YOU ARE ALSO NOTIFIED THAT CLAIMANT CLAIMS AN EQUITABLE LIEN AGAINST ANY CONSTRUCTION FUNDS FOR THIS PROJECT WHICH ARE IN YOUR HANDS. DATE: 02/12/2013 NAME OF CLAIMANT: JOHN DEERE LANDSCAPES Date q IT -13 O: (Claimant Name) City Council City Manager City Attorney BY: File (Signature 6f Claimant or Authorized Agent) (Page 1 of 2) VERIFICATION I, SHERI MOORE the undersigned say: I am the SHERI MOORE, CREDIT ANALYST caner of, President of, Authorized Agentof, Partner of, e c. the claimant named in the foregoing STOP PAYMENT NOTICE — PRIVATE WORKS / PUBLIC WORKS. I have read said STOP PAYMENT NOTICE — PRIVATE WORKS / PUBLIC WORKS and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 02/12/2013 at PETALUMA, CALIFORNIA [Date] [CitylState] BY: J�l [Signature] PROOF OF SERVICE DECLARATION (CA Civil Code Sections 8100-8118) I, SHERI MOORE , declare that I served a copies of the above STOP PAYMENT NOTICE - PRIVATE WORKS / PUBLIC WORKS (check appropriate box): a. ❑ By personally delivering copies of person served) at (date), at . (time) ame(s) and title(s) ress), on b.x❑ By Registered or Certified Mail, Express Mail or Overnight Delivery by an express service carrier, addressed to each of the parties at the address shown above on 02/12/2013 (date) c. ❑ By leaving the notice and mailing a copy in the manner provided in § 415.20 of the California Code of Civil Procedure for service of Summons and Complaint in a Civil Action. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signed at PETALUMA. CALIFORNIA on 02/12/2013 (date). n (Signature of person making service) John Deere Landscapes Contact: Sharie Buenting Phone: 760-776-4250 (Page 2 of 2) April 15, 2013 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH CA 92663 Date��7 It3 Copies Sent To: City Council City Manager City Attorney _? File RE: Project: Irvine Avenue Medians Landscape Improvements Newport Beach Contractor: Kasa Construction Inc. Original Stop Notice Amount: $6326.00 Amount Paid: $6326.00 Dear Sir or Madam: Please release the Stop Notice on the subject project. Kasa Construction has paid in full for the work performed. Truly, Brittany Patterson Credit Manager To: Release of Stop Notice R CF11/%G e C� 7013 A -PP 17 PM �: 27 You are hereby notified that the undersigned claimant releases that certain Sto Noticc' in the amount of (a"yyy against as owner or public body and \OC as prime contractor in connection with the work of improvement known as in the city of `V(2V0c � 1, )eO(A� , County of Ocrk)o e , State of California. Date: \, 1 S Name of Claimant: ae 1 ,n By: A V(10\ �5k.� e\ N Crer��\� )Mc2naaeY" VERIFICATION I, the undersigned, state: I am the COno�1eY of the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) underpenaltyof perjury under the laws bo the State of California that the foregoing is true ancorrect. Executed on �C�(� l l I at ,'� State of a% c�YY1�Cl q1 c -V6, Partial Release of Stop Notice You arc hereby notified that the undersigned claimant partially relcrs that certain Stop Noticc dated Uep m� oc�-1`1,2(TI against -W, Uios x2U'k-aCan as owner' or public body and VLA Ca C QS_I k` CX On _\_0 C as prime contractor- in connection with the work of improvement know as �Vrre Y4yehuP LcvulSC��. _' ^ XOWevnenkS in the City ofk\�e)QOC \ Lr_n C.,h County of b_yck" State of California. ~l This Release is a Partial Release only by reason of the fact that the undersigned has not been paid in fill]. The original amount of the Stop Notice herein referred to was in the sum of $(2�,a-o• 0 There has been paid on account thercof the Will of $CJS Oil , 'Q leaving a balance now presently duc,.owing and unpaid to the undersigned in the sum of'$ Oa% Said Stop Notice shall remain in full force and effect for the balance due the undersigned in the sum of $ Datc:)eeaL,f ���2 ��'� Namc of C.'laimant: Ut((Mar 11OV)hl By: U \ k 1 C" d\\- 1 C'm0,q cV, VERIFICATION I, the undersigned, state: I am thep \-?- y CA CV)� of the claimant named in the forcgo- ing Partial Release; I have read said Partial Release of Stop Notice and know the contents thereof', and I certify that the same is true of my own knowledge. I certify (or- declare) under- penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed oA,')L0,,tyV--�r,C 1C� r -J-0\1 , at by C-r\o�t. State of Q G\� � ` (a Date Copies Sent To: City Council City Manager City Attorney �� Fil�,.l S 1'A - 4? 9 December 19, 2012 `l1 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH CA 92663 .7*,. El REC 6 V �Iarlcs Depcsdme"' city of Newpoe 5ecrll RE: Project: Irvine Avenue Medians Landscape Improvements Newport Beach Contractor: Kasa Construction Inc. Original Stop Notice Amount: $6326.00 Amount Paid: $5297.20 Amount Still Owed: $1028.80 Dear Sir or Madam: Please find enclosed partial release of stop notice for the subject project. Orange County Striping Service, Inc. performed work for Kasa Construction Inc. on the subject project and is still owed $1028.80 on the project. Please withhold the appropriate amount by law to satisfy my claim. Truly, Brittany Patterson Credit Manager ORANGE COUNTY STRIPING STOP NOTICE LEGAL NOTICE TO WITHHOLD iw CONSTRUCTION FUNDS (public or Private Work - Per California Civil Code Section 3103) To: CITY OF NEWPORT BEACH .4� 'rt . = Ft eject: IRVINE AVENUE MEDIANS LANDSCAPE 3300 NEWPORT BLVD. IMPROVEMENTS NEWPORT BEACH'CA NEWPORT BEACH CA 92663 TAKE NOTICE THAT ORANGE CNTY STRIPING whose address is 183 N PIXLEY STREET ORANGE CA has performed labor and furnished materials for a work of improvement described as follows: IRVINE AVENUE MEDIANS LANDSCAPE IMPROVEMENTS NEWPORT BEACH CA 'dt9-'--^- v,Opies Sent To: City Cound The labor and materials furnished by claimant are of the following general kind: City Manager eC STRIPING, MARKERS, TEMPORARY LINING & MARKINGS t7' CiAtttJfriBy The tabor and materials furnished to or for the following party: KASA CONSTRUCTION INC. 316 N CORONA AVENUE ONTARIO CA 91764 Total value of the whole amount of labor and materials agreed to be furnished is: - ......... 6,326.00 The value of the labor and materials furnished to date is:.............. ................ ,-_.,........._......... $ 6,326.00 Claimant has been paid the sum of :............... .............. ........... ......... ......................... ....... —.... . $ 0.00 And there is due, owing and unpaid the sum of: ............. — ............. .................... $ 6,326.00 You are required to set aside sufficient funds to satisfy this claim with interest. court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. ORANGE COUNTY STRIPING By_%l iO-Q A67t C� dtif ' L /%2.4,1-4ia o.o¢m, or.amooim avi�,n,Usr.ip ece am nary W w) VERIFICATION I, the undersigned, say: I am the PRESIDENT the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 14, 2012 at ORANGE . CA REQUEST FOR NOTICE OF ELECTION (Private Works Only) - (Per California Civil Code Section 3159, 3161 or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed tau,n.,.MUST Mms:mpm«.xwpm SEE REVERSE SIDE EOX2.ADDITIONAL FORM 211-1 - 0 2003 BUILDER'S BOOK, INC. _ www.buildersbook.can F ORANGE COUNTY STRIPING STOP NOTICE LEGAL NOTICE TO WITHHOLD r- -- l CONSTRUCTION FUNDS �(Pubi Private Work - Per California Civil Code Section 3103) To: CITY OF NEWPORT BEACH v 11 . 'IR INE AVENUE MEDIANS LANDSCAPE 3300 NEWPORT BLVD. ifM MOVEMENTS NEWPORT BEACH CA NEWPORT BEACH CA 92663 TAKE NOTICE THAT ORANGE CNTY STRJPING whose address is 163 N PIXLEY STREET ORANGE CA has performed labor and furnished materials for a wo k of it r4v�n t described as follows: IRVINE AVENUE MEDIANS LANDSCAPE IMPROVEMENTS NEWPORT BEACH CA :. opieS Sent T0: City Council City Manager The labor and materials furnished by claimant are of the following general kind: _� City Attorney STRIPING, MARKERS, TEMPORARY LINING & MARKINGS _ Fq�n The labor and materials furnished to or for the following party: KASA CONSTRUCTION INC, 316 N CORONA AVENUE ONTARIO CA 91764 Total value of the whole amount of labor and materials agreed to be furnished is:.... .. .......... $ 6,326.00 The value of the labor and materials furnished to date is:-- .................................................... $ 6,326,00 Claimant has been paid the sum of: ............. — ................ . ........................................ .............. $ 0.00 And there is due, owing and unpaid the sum of :.............. .................. ............. ........................ $ 6,326.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. ORANGE COUNTY STRIPING VERIFICATION ro ¢���¢nv�«eiuwm MOST:ha wr.m.mrrroao.,) I, the undersigned, say: I am the PRESIDENT the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 14, 2012 at ORANGE „ CA REQUEST FOR NOTICE OF ELECTION (Private Works Only) - (Per California Civil Code Section 3159, 3161 or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. REVERSE Signed {Cta.MU4fe,zbsazrif aadmnd ¢vmpeaarempe3 _ December 14, 2012 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH CA 92663 ra1Vc WotKS COY of Newpc-li, RE: Project: Irvine Avenue Medians Landscape Improvements Newport Beach Contractor: Kasa Construction Inc. Amount: $6326.00 Dear Sir or Madam: Please find enclosed a stop notice for the subject project. Orange County Striping Service, Inc. performed work for Kasa Construction Inc. on the subject project and was not paid for that work. Please withhold the appropriate amount by law to satisfy my claim. Please time stamp the enclosed copy and return to me in the envelope provided. Truly, Brittany Patterson Credit Manager ORANGE COUNTY STRIPING To: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH CA 92663 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work - Per California Civil Code Section 3103) Project: IRVINE AVENUE MEDIANS LANDSCAPE IMPROVEMENTS NEWPORT BEACH'CA TAKE NOTICE THAT ORANGE CNTY STRIPING whose address is 183 N PIXLEY STREET ORANGE CA has performed labor and furnished materials for a work of improvement described as follows: IRVINE AVENUE MEDIANS LANDSCAPE IMPROVEMENTS NEWPORT BEACH CA The labor and materials furnished by claimant are of the following general kind: STRIPING, MARKERS, TEMPORARY LINING & MARKINGS The labor and materials furnished to or for the following party: KASA CONSTRUCTION INC. 316 N CORONA AVENUE ONTARIO CA 91764 Total value of the whole amount of labor and materials agreed to be furnished is: ................. $ 6,326.00 The value of the labor and materials furnished to date is: ....................................................... .$ 6,326.00 Claimant has been paid the sum of:.........................................................................................:$ 0.00 And there is due, owing and unpaid the sum of:...................................................................... $ 6,326.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. ORANGE COUNTY STRIPING By Z�� A (t,'t�w ((INnRO, 0g1y, 01=roC w,lm olrin¢n,hNST:�gv M1uc m,l rciJY belw) VERIFICATION I, the undersigned, say: I am the PRESIDENT the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 14, 2012 at ORANGE CA FORM 211-1 REQUEST FOR NOTICE OF ELECTION (Private Works Only) - (Per California Civil Code Section 3159, 3161 or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed (damsn, AlU9Tevoloac clf-addasedsw�emNOPo) _ SIDS EOR.ADOITIONAL• ® 2003 BUILDER'S BOOK, INE. m buAdembook.com To: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH CA 92663 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or private Work - Per California Civil Code Section 3103) Project: IRVINE AVENUE MEDIANS LANDSCAPE IMPROVEMENTS NEWPORT BEACH CA TAKE NOTICE THAT ORANGE GNTY STRIPING whose address is 183 N PIXLEY STREET ORANGE CA has performed labor and furnished materials for a work of improvement described as follows: IRVINE AVENUE MEDIANS LANDSCAPE IMPROVEMENTS NEWPORT BEACH CA The labor and materials furnished by claimant are of the following general kind: STRIPING, MARKERS, TEMPORARY LINING & MARKINGS The labor and materials furnished to or for the following party: KASA CONSTRUCTION INC. 316 N CORONA AVENUE ONTARIO CA 91764 Total value of the whole amount of labor and materials agreed to be furnished is: $ 6,326.00 The value of the labor and materials furnished to date is: ............... ........................................3 6,326.00 Claimant has been paid the sum of: ........... ............................................ ...... .......... . $ 0.00 And there is due, owing and unpaid the sum of.... . ........................................ ........ ........... $ 6,326.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. ORANGE COUNTY STRIPING By n&AVI Iry ✓r i !/JAY1 P✓ C ',dem of eWpmCrs tlazmmt MUSFrign MavM �Ybdwb VERIFICATION I, the undersigned, say: I am the PRESIDENT the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 14, 2012 at ORANGE CA REQUEST FOR NOTICE OF ELECTION (Private Works Only) - (Per California Civil Code Section 3159, 3161 or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed f���mu�i MUSTewme.srJfaJAeaW eumpoi vrmbpel SEE REVERSE SIDIE_i±OR,ADDITIONAL-INFORMATIPN FORM 211-1 0 2003 BUILDERS BOOK, lNt. 0 STOP PAYMENT NOTICE pp���� LEGAL NOTICE TO WITHHOLD CONSTRUCTIO?q��N'F�?7 UI�DS-6 Gi'I 1- 19 (Public or Private Work of Improvement) (Per California Civil Code Section 8520, 8530 $ 9350) C To: City of Newport Beach, Public Works Department theme of owner, pbbc.04, or can.l Aon Imdsr) (Address, A tlireMetl [o a bankuse atloreae of brenrn hdofng fund) City of Newport Beach / tris tee, Project Manager (ad iamd b public..W,, W dre d.palmant or Dater whose ",1 1. make po"rtaj Name and address of the Project Owner (or reputed owner); jj' J Pfojeet: CAP 12-0d 6;Contract #5035'_ (Nem.) Irvine Avenue Median Reforestation -- (abdel Address or Legal aax;»ptlon} Irvine Avenue 1 Dover Drive Name and address of the Direct Contractor: KASA Construction, Inc. / Tony Kasbar, Project Manager 316 N. Corona Ave, Ontario, CA 91764 Name and address of the Construction Lender if any): TAKE NOTICE THAT Crane Man, Inc. _(Claimant) jlegal nem. at Ne perm or firm Gaiming be amp paifrentnodce} whose address is 6711 Park Street, Bellflower, CA 90706 (Atlb.xs of persrn or fine daenirg xioP nopre) has performed labor and furnished materials for a work of improvement described above as Project. The relationship of the Claimant to the other parties is: Independent Contractor The work furnishedCrane Service by claimant is: (garreralN describe labs, xerWpa, agipmant nr malenal tumsMd m spread to ba lumiatrod by deirnmlj The labor and materials were furnished at the request of the following Tnny Kasbar, Project Manager / KASA Construction eq 9 Party: Total value of the whole amount of labor and materials agreed to be furnished is ...... £ 552.00 The value of the tabor and materials furnished to date is: — ...... . ....... ....................... s 552'04 Claimant has been paid the sum of : ............................. ................... ........ ................................. $0 .�.. and there is due, owing and unpaid the sum of: .............. ........ ...... ............ s 552.00 You are required to set aside sufficient funds to satisfy this claim as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. Dated 11/5/2012 NAME: Crane Man, Inc. {Narna M abp notice GalmaM} : sy � {Omt.ra agantatabpnaticecWvnantnwst u'Qn h.re ant .aifybabw} Authorized Capacity:i VERIFICATION i, the undersigned, state: I am the ._._— CJ._ ,.. _. of the claimant named in the (rd.-'P"idenr,"ParoeP.."O oer','Ag& ,eta.} foregoing Stop Notice: I have read said Stop Notice and know the contents moreot the same is true of my own knowledge. I dedere under pera ty of perjury under the teas of the state or Gastonia that the foregoing is true and carrerx. Executed on November 5 .2012 at Bellflower —.. Caifernia. 0 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Coun`tyy of o(an-f / fNG'��IGlJ On I vaxrlS�7La1/before me, Date personally appeared k, who proved to me on the basis of satisfactory evidence to be the person($) whose name(* Wase subscribed to the within instrument and acknowledged to me that W/she/ftey executed the same inINlaiiherfdrr authorized capacity(i#), and that by l+Wfhedthaic signature(#) on the instrument the person/0), or the entity upon behalf of which the person(¢) acted, executed the instrument. CONRAD G. FRANCIS I certify under PENALTY OF PERJURY under the laws - commission # 1663581 C of the State of California that the foregoing paragraph is Notary Public • California i Z "� a true and correct. Los Angeles County My Comm. Expires Se 29, 2013 t 3�r.��+e� 1 WITNESS my hand a official seal. Place Notary Seal Abova Signature OPTIONAL Though the information below is not required by taw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: A41/1 & p�(?/� Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Sign rs Name: tt ff tll•/.4 &10 j2'fndividual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Attorneon Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Name: ❑ Indi ' ,at ❑ Corporal fficer —Title(s): _ ElPartner —❑ 'ted ❑ General El Attorney in Fact ❑ Trustee . ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 11 R 1i REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 8536 & 8538) 1012 NOV _ 5 P11 1. 19 It an election Is made not to withheld fords pursuant to this stop notice by reason of a payment bond having been recorded, please send notice of such election and a copy of the bond Within 30 days of such election in the e�c�sgti,.p?r ;Pdressed stamped envelope. This Information must be provided by you under Crvll Code Sections 8538 885 3,8.- �!! Signed.- —.._. _...__ {C�mant must encbsa sett -addressed stamp anus e) "'r•LI i PROOF OF NOTICE DECLARATION (Per California Civil Code Section 8118) I, i ",! YiCiGi t-1 rn declare that I served a copy of the Stop Payment Notice on the party at the address and on the date shown below: To Construction Lender/Owner/Public Entity/Or Other Person Holding Construcdon Funds: (name) Tris LE.e'f 8( Ne!> Iflly- 9<'141 _{ 11gLic ly_wr Epj" (title or capacity of individual given notice)—1--Privljjb "'I er (address)__ PO BnX CA 92655 Stop Payment Notice should be served at the following location: (a) To an owner other than a public entity, the owner's address shown on the direct contract, the building permit, or a construction trust deed; (b) To a public entity, the office of the public entity or another address specified by the public entity in the contract or elsewhere for service of notices, papers or other doenments. A Stop Payment Notice for a public works contract of the state, shall be given to the director of the department that awarded the contract and to a public entity other than the state, to the office of the controller, auditor or other public disbursing officer whose duty it is to make payment pursuant to the contract (see Civil Code ¢4354 for more informatian). (e) To a direct contractor, at the contractor's address shown on the building permit, on the direct contract, or on the records of the Contractors' State License Board. In the following manner (check appropriate box): [ ] By per conal delivery >t By Registered or Certified Mail (postage prepaid) [ j Express mail [ j Oveniightdeliveryby 1 declare under penalty of perjury, that the foregoing is one and correct 1 ty✓tit.- ,California. C&B Fors (7/12) express service carrier Executed on—W-5/201-12 _,_,at {' (Signamre ofpersun making service) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 personally appeared /�f/NSA KI2t Names) � Sigrisris} who proved to me on the basis of satisfactory evidence to be the person whose nameW is/alis subscribed to the within instrument and acknowledged to me that WJshetfl W executed the same in taimber101air authorized capacity(ie), and that by iWher/tkr signature(a) on the instrument the person(,e), or the entity upon behalf of which the person(s) acted, executed the instrument. CONRAD G. FRANCIS I certify under PENALTY OF PERJURY under the laws Commission 1863581of the State of Californiaat the foregoing rah is -+e: Notary Public -California s that � g �ra g p = Los Angeles County true and correct. My Comm. Expires Sep 29, 2013 WITNESS my hand and cial seal. Pmts Ndwy SeW At. Signature OPTIONAL ` Though the information below is not required by law, it may prove valuable and could prevent fraudulent removal and reattachment of this A Description of Attached Doc ent Title or Type of Document: A' I& e-11 -71e &r Document Date: _ All, U"Lwe ex- t ' ' r )6 2, Signer(s) Other Than Named Above: Capacity(les) Claimed try Signer(s) Signer's Name: Si 42,Tndividual ❑ ❑ Corporate Officer —TrNe(s): ❑ Partner —❑ Limited ❑ General MR1,11 _ ❑ Attorney In Fact O Trustee Top of thurrk he e ❑ Guardian or Conservator ❑ Other: Signer Is Representin hrsons relying on the document to another document Number of Pages: ! ❑ Corp to Officer — Tdle(s): Ll Partner — Limited ❑ General ❑ Attorney in F ❑ Trustee ❑ Guardian or ❑ Other: _ Signer Is Representing: 02007 National Namry Assaciaton •9350 Do Sola Ave., P.Qaar 2402 • Chat• rth, CA 9131&2402•..NOanelNotM.org W. #5907 Rwa r.Ca11T011-Fres 1A0"7a6e2r r.. rded in Official Records, Orange County RECORDING REQUESTED BY AND Renee Ramirez, Assistant Clerk -Recorder WHEN RECORDED RETURWItb' � -0 AM 1II19 IIIliIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�III llllllllllllllIII NO FEE *$ 8 0 0 0 5 6 2 9 1 7 6$* City Clerk O, I,; OF 2013000117107 11:26 am 02/26/13 City of Newport Beach T,' -!7r ' r ( 47 405 N12 1 3300 Newport Boulevard C" f;,o0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 Exempt from recording fees pursuant to Government Code Section 27383 NOTICE OF COMPLETION " NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and KASA Construction, Inc. of Ontario, ` California, as Contractor, entered into a Contract on May 22, 2012. Said Contract set forth certain improvements, as follows: Irvine Avenue Median Landscape Improvements — Contact No. 5035 Work on said Contract was completed, and was found to be acceptable on February 12, 2013, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. 1/10190 Executed on , at Newport Beach, California. BY a. mly 4. �wv City Cler RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Exempt from recording fees pursuant to Government Code Section 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and KASA Construction, Inc. of Ontario, California, as Contractor, entered into a Contract on May 22, 2012. Said Contract set forth certain improvements, as follows: Irvine Avenue Median Landscape Improvements — Contact No. 5035 Work on said Contract was completed, and was found to be acceptable on February 12, 2013, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is International Fidelity Insurance Company. MR Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge, y� Executed an IF yo �`J� n P at Newport Beach, California. BYU''ri `f City Cler OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC February 13, 2013 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: Bulkhead and Seawall Repairs (Contract No. 4897) Irvine Avenue Median Landscape improvements (Contract No. 5035) Tidegate Retrofits and Upgrades (Contract No. 5116) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Since , 4*,- Leilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard , Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 www.city.newport-beach.ca.us CITY OF :vae t ...w -.w... ryn ro,e�ne� .�.,,.BEACH w Cit Council Staff Report Agenda Item No. 7 February 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebba,newportbeachca.gov PREPARED BY, Iris Lee, Senior Civil Engineer 949-644-3323, ilee(a)newportbeachca.ggy APPROVED: L� TITLE: Irvine Avenue Median Landscape Improvements — Notice of Completion and Acceptance of Contract No.5035 ABSTRACT: On May 22, 2012, City Council awarded Contract No, 5035, Irvine Avenue Median Landscape improvements to KASA Construction, Inc., for the total bid price of $308,075,00 plus 10 percent for construction contingency allowance. The required work is now complete and staff requests City Council acceptance and close out of the contract. 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with the applicable portions of the Civil Code. 3. Release the Faithful Performance Bond one year after Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description ion Account Number Amount Irvine Avenue Medians 7013-C2002050 $335,194.98 Total Construction Cost: $335,194.98 Iof4 lrvine Avenue Me& -in I..andscape Improv,*unents -- Notice of Completion and Acceptance of Contract No.5035 February 12, 2013 1..5=:aq(-" DISCUSSIQN: In September 2011, the City removed the existing trees within the Irvine Avenue landscaped medians from Westcliff Avenue to Dover Drive. Since these medians are owned and maintained by the Cities of Costa Mesa and Newport Beach, staff presented a conceptual reforestation design during a joint session of the Parks Commissions of both cities at the City of Costa Mesa on December 7, 2011, seeking comments and directions. It was jointly decided by the Commissions that the reforestation should include a variety of ground covers and two tree species — the African Tulip Tree and a palm tree to be selected by the City of Newport Beach. City Council subsequently selected the Date Palm for installation. The contract has now been completed to the satisfaction of the Public Works Department, Overall Contract Cost/Time Summary Contract Award Final Cost at Benchmark Actual Contract:e�+) Amount Completion Target Contract Time r (} (days) r308,075,00 $335,194.9$ 10% or less +8.8% 78 The work necessary to complete this contract included clearing and grading of the existing medians; modifying the existing irrigation system; installing new landscaping materials; constructing concrete pavements, and curbs and gutters; and realigning an existing raised median to improve southbound left -turning traffic movements at the intersection of Irvine Avenue and Westcliff Avenue. A summary of the contract cost is as follows: Original bid amount: $ 308,075.00 Actual cost of bid items constructed: $307,370.63 Contract change orders: $ 27,824.35 Final contract cost: $ 335,194.98* "The City of Costa Mesa did not cost share on this project. The final contract cost was 8.8 percent above the original contract amount. A majority of the change orders were a result of extra pavement removals, and additional curb and gutter reconstruction. 2 of Irvine Avonue Median Landscape Improve;rnents -- Notice of Completion and Acceptance of Contract No,5035 Febroaty 12, 2013 Page 3 A summary of the project schedule is as follows: Estimated Completion Date per July 2011 Baseline Schedule: January 18, 2013 Project Awarded for Construction: May 22, 2012 Completion Date from Award with Approved Extensions: November 16, 2012 Actual Substantial Construction Completion Date: November 30, 2012 There is sufficient funding in our City's current landscape maintenance budget to cover landscaping activities for the balance of the year. However, funding for on-going landscape maintenance and water requirements will need to be addressed in the FY 201312014 budget. ENVIRONMENTAL REVIEW: City Council found this project exempt from the California Environmental Quality Act ("CEQX) pursuant to Section 15302. This exemption covers the replacement or reconstruction of an existing facility that has no potential to have a significant effect on the environment. NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: JA ' David A. e Public Works Director Attachment: A. Location Map 3 of ■ � m � � w 4a \ ] 15 � ° \ § / % \ y \ r , � « m ? | . ® w � � w 4a CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 2nd day of May, 2012, at which time such bids shall be opened and read for IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS Title of Project Contract No. 5035 $ 363,200.00 Engineer's Estimate pprove py ;65 4 Stephen G. Badum Public Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" and "C-27" For further information, call Iris Lee, P.E., Project Manager at (949) 644-3323 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: httpi//www.NewportBeachCA.qov CLICK: Online Services /Bidding & Bid Results City of Newport Beach IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS Contract No. 5035 TABLE OF CONTENTS NOTICEINVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)....................................................................8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER............................................................................21 CONTRACT................................................................................................................... 22 FAITHFUL PERFORMANCE BOND.............................................................................30 LABOR AND MATERIALS PAYMENT BOND...............................................................33 PROPOSAL............................................................................................................... PR -1 SPECIALPROVISIONS............................................................................................SP-1 2 City of Newport Beach IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS Contract No. 5035 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS 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) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 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. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Classification V -)PF --''A Ctrl SAF U�C'r1 cam, �'(� c v Bidder �("Q eV1� Authorized gnature/Title ;�5I--2-1ir2- Date 0 Bond No. KASCO-225 City of Newport Beach IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS Contract No. 5035 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount Bid Dollars ($ 10% of the Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS, Contract No, 5035 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 execute the Contract Documents In the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the dato of the mailing of "Notification of Award', otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an Individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 26 day of April 2012. Kasa Construction, Inc. Name of Contractor (Principal) International Fidelity Insurance Company Name of Surety 233 Wilshire Blvd., #820 Santa Monica, CA 90401 Address of Surety 877-395-7887 Telephone Authorized YbriaturaMt1le AdSBy: , rized Agent signature Matthew R. Dobyns Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 ACKNOWLEDGMENT ■a■ Now ■■■rmm■a■ Sun Mumma ■ename ■m■■Ono ■■erra■■am Susan Soso WON onNoun NaONORMamma own, State of California County of Q wr�r,narc� inn ss. ` On a 2 t'Z before me, r Zo�ya lay _ , Notary Public, pers naily appeared -Da 15a " 10 a r `t�cws; je2AE ,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 helsheRhey executed the same in his/herltheir authorized capacity(ies), and that by his/herltheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY foregoing paragraph is true and correct. WITH SS y hand and official seal. Si 7uiure under the laws of the State of California that the HECTOR ZAVALA Commission # 1868453 Z , e® Notary Public - California z Z "` Los Angeles County D My Comm. Expires Oct 28, 2013 (Seal) ■■rrmrrrmarrrrrrraarrrrarraarreamaammmrammr■raararaaraamarraarrrarammMarmarrrm� OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document In a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witnesses) Thumbprint of Signer ❑ Check here if Capacity of Signer no thmbprint Trustee or ffromprtnt Power of Attorney is avdWAS. CEO / CFO / C00 President / Vice -President / Secretary / Treasurer Other. Other Information: Santa Ana, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or othenmise and the execution of such instrument(s) in ursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. i'` SEAL" 1 936 STATE OF NEW JERSEY County of Essex On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. yti*cj pTA, Gfi C/ v`.4 ' "�(} ` •' W A NOTARY PUBLIC OF NEW JERSEY Or My Commission Expires Mar. 27, 2014 N P-44 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of iORA GE A"IOn I before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the personw whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/I:he4 authorized capacity (-ies), and that by his/her/I:heif signatures) on the instrument the personfs-), or the entity upon behalf of which the persons) 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. Ge ER�nqIDOoCOMM.# 843731 WITNESS my q d and official seal. NOTARY PUBLIC CAUFORNIA c7 1� OMNGE COUNTY ^' My comm. explrea May 5, 2013 i} 1� Y Si ature otary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT ACKNOWLEDGMENT ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr a rrrrrrrr� State of California County of On Public, personally appeared SS. before me, Notary / ,who proved to me on the basis of satisfactory evidence to be the perso ) whose name(s) is/are subscribed to the within instrument and acknowledged to me th he/she/they executed the same in his/her/their authorized capacity(ies), and that by his er/their signatures(s) on the instrument the person(s), or the entity upon behalf of which t person(s) acted, executed the instrument. I certify under PENALTY OF PERJ/eh.s of the State of California that the foregoing paragraph is true and corre WITNESS my hand and official seal. Signature (seal) ■■ r r r r r r r r r r r r r r r r r r r r r r r r r r r r r OON Date of Document / Thumbprint of Signer Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Eviden : Personally Known w' h Paper Identification Paper Identification Credible Witness( ) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 ❑ Check here if no thumbprint or fingerprint is available. City of Newport Beach IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS Contract No. 5035 DESIGNATION OF SUBCONTRACTORS) 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 toensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: Lvd CCOYr_r Address: 6� Mrnt Lel c C A Phone: 0q � State License Number: C ,Ws_rl Name: \ � Address: V1 e) t;Y,�\qoy-, &A Phone: J t� State License Number: 5 Name: Address: Phone: State License Number: A;;a��C!�Q�CAl Cvl , i Y) C-, Bidder Cll�ly, 4",.4a 8 �Kature/TitleAuthorized City of Newport Beach IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS Contract No. 5035 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders NamCoy1 S>A CukC-N'0. k Y) C FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number c) �Q-�y'�►Yt Q_ `� �� Project Description) .���a.r (�y1�`�4`U.C- i (-1 Approximate Construction Dates: From To: r2 C i 2 Agency Name Contact PersonCIO Telephone4`5-() CAb(—COC�-� Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) V\J I 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. M No. 2 Project Name/Number W0��� Project Description Or\__Q c:L— iC'`.r\r1CrQ cN . Approximate Construction Dates: From To: Agency Name C" V\-A� v Contact Person (—,YY)Y'1C4 n 0 0, I (f i rU Telephone) (01-111t�� . 3•� 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. �v No. 3 Project Name/Number Project Description l ' Q'V'9'l L" Approximate Construction Dates: From .2Z 1 To: 201 Agency Name Contact PersonY�614_ C4 n Telephone (��� Z��Ur� 13—", Ilk 1 Original Contract Amount$ I Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) 0 (A 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. 4 Project Name/Number -Al ka'y'r5L-A Sun Project Description Approximate Construction Dates: Agency Name 0 \ C� t From :w 1 O To: Z� i Contact Person, Telephone rd -11 -45�i (0 Original Contract Amount sffi i 2J%Final Contract Amount $. If final amount is different from original, please explain (change orders, extra work, etc.) N Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number V V Project Description o—CLIJ l S I Ca IM M 064 Approximate Construction Dates: From at) ) ( Agency Name Nt i,LA, ca -16 crn To: /Z10 ) D Contact Person,TGtk` \fJ1li(;it� Telephone) Original Contract Amount $ W50 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) �) JA 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. P I A 11 No. 6 Project Name/Number Project Description M Approximate Construction Dates: From b�� To: (0 Agency Name Contact PersonI�yjew5s r W Telephone to 6A 124—%-6%V Original Contract Amount $k 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. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Constructionperintendent or on-site Construction Manager for the Contractor. 6ite Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. )2 P6 A_ COT,-,' L C-V\a) l j nCJ QSi rl�' Bidder Authorized Sign ure/Title 12 No. 6 Project Name/Number Project Description Approximate Construction Dates: From To: Opt✓ , u Agency Name 1 it IT Utz l° Dm "'1 � �� SS v Contact Person RXL 1 ,JeXc ,'� Telephone �oyQr Original Contract Amount $Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) rU [A - Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Slaperintendent or on-site Construction Manager for the Contractor. &JtAr 1uz� Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder Authorized Sign ure/Title t 12. Sates Kasbalr 6339 Felix Ct. Chino, CA 91710 909-538-3872 SamK@KASAconstruction.com Objective To maintain a profitable career by investing and developing as an owner/ builder in addition to expanding KASA Construction which performs governmental projects. Professional Profile General Contractor / Owner — KASA Construction Over 9 years of construction experience Successfully completed over $60 million in construction projects Licensed with an A (General Engineering), B (General Building), C-10 (Electrical) and C-27 (Landscaping) GC / VP / — Mega Way Enterprises Responsible for all aspects of running the construction company Increased sales in 3 years from 2 million/yr to over 10 million per year Project Manager — Mega Way Enterprises Simultaneously managed projects over $10 million Owner/ Builder 38 Unit Apartment Complex, $9 million, Rialto CA Proposed 24 Unit Condos, $8 million, Rialto, CA Proposed 4 Custom Single Family Homes, $4 million Rialto, CA Fti'lork History 1996 — 2003, Produce Manager, The Vons Companies, San Pedro, CA 2003-2009, Vice President, Mega Way Enterprises, Pomona, CA 2008 — Present, Vice President, KASA Construction Inc., Ontario, CA Education 2003, University of Cal State Long Beach, Long Beach, CA Bachelor of Science - Business Administration Double Major in Management and Operations Management Pursuing Law School in hopes of attending University of La Verne, Fall 2011. References References are available on request. PAUL. K. TANAKA, Mayor TASHA CERDA, Mayor Pro rem DAN MEDINA, Councilmember RONALD K. IKE,JlRi, Councilmember RACHEL C. JOHNSON, Councilmember 1700WES1 16Z4SIRE1:1 11 CAP DFNA. cALiPORNIA.90241-3778 1 rAX(3l0)217-y119 City of Gardena MARIA E. MARQUEZ-FIROOKES, City Cfcyk J. INGR0 TSUKIYAMA. Cyy Treasuru� MITCHELL G. LANSDEILL. Cit ' y Manager PETER L. WALLIN; City Attoiney ALig,11SI 1'),20i0 KASA Construction Inc, 16 N. Corona Ave. Ontark)7 CA 9 1764 71n,Jcci : Arthur Johimni Park ... Resiroom Facility, JN 819 I200 W. 170ib Street Subject : Letfix of Recommendation To Whom 11 May Concern: Th -e City of Gardena would like to thank you, company, KASA COIASLrtlelion Inc., for the Job Weil done and successfnily completing ing [lie Anther Johnson Park Rcshoorri Facility project located at 1.200 W. 170'h St., (Jarderia, CA 90247. Within the 112 calendar days ail= seated for (lie proil"CL, your corril-'mny tills shown due diligence and dedication I(-, finish the work 36 Days ahead ol'schedule, which greatly bcricl-i[ed the community. The City of Gardena also acknowledged that the project wa'; COT11plex due to the electrical, mechanical and other nidiry retrofits roquirod for functionality, however, year attention to the sp cifics e of the constmciton in detail as well as proper schediflinL has, been very remarkable, resulting' to it job well done. In addition to the high level of professional and finality workmanship in file field, KASA have prover, to maintain, the same high level of semce -)a the Pr(,)jcct Management and Admirrimrative pcita-ms of !lie project. Again, I would like to express my gratitude in providing yore project for the City of Gardena- We would not hesitate to re organizations who are also in need of quality services Trona company. Sincerely. '4,fiY',WPfr ject EnLincer John . , �lx. Public Works beplatment 110% in complclingy his much needed ler KASA Construction Inc. to other SLICh a dedicated and hard working ��4y_ofyifla. a.r 17855.S,ai iagr) B det wrd VillaPark. California 92861-4187 wwtiv.viYapark.w, i; (714) 998-1500 - Pax: (714) 998-1j(M February 23, 2011 KASA Construction 316 North Corona Ave. Ontario, CA 91764 Subject: Letter of Recommendation;Taft Ave. Median Project and Lemon Street Trail and Median Project To Whom It May Concern: KASA Construction has completed the subject projects in the City of Villa Park. KASA e completed the projects in a most satisfactory way. The work was done in the time frame allowed even thought we experienced rain delays. The staff from KASA was very responsive,replying to our requests on a same day basis. The field team was great to work with and kept the job sites in a very clean and safe condition. I am pleased with the fmal proeet results and we have received many compliments from residents in the community.1 would certainly recommend KASA for future projects. Very truly yours C, Joe O'Neil P.E. City Engineer City of Villa Park W. RICHARD ULMRR. Mayor • BRAD REESE. i W.Yor Pro l -em ROBW I -AU rEUX. t'ounr.ilmaTiber • W. BILI, MacAl_6Nl Y, Councilmember • DEBORAH P.AULY. Cot;ncitineniter NIAYOP; MAR AAFI CLARK 1AAyQ8 PRO IM {GARY TAYLOR fOUHCIL :JEMS iR4: SAM,RRA ARM --,N M POLLY p0s! SYEVEN LY August 25, 2010 KASA Construction Inc. Attn: Sam Kasbar 316 N. Corona Ave - Ontario, CA 91764 its �: smicad 8838 E. VALLEY BOULEVARD. P.O, BOX 399 ROSEMEAD, CALIPORNM 91M TFLEPHONE ib26? 569-2100 FAX (W -1307-S218 Project : Rosemead I Walnut Grove Median Beautification and Traffic Congestion r ptavements Subject: Letter of Recommendation 1 would like to thank KASA Construction for a job well done. When the job was awarded, the Agency was a little concerned due to the fact that KASA was a rather new company. Now that the job is done, you have far surpassed the commits initially made and in -turn, the City of Rosemead has received an exceptional finished project. Not only was the quality of work outstanding, the project was completed before schedule and under budget. .,% The project was constructed on a main city artery which exposed the work to potential political = criticism. Fortunately, City Council, Staff, and the Community had nothing but positive comments_ 1 truly hope you win more project with the City of Rosemead as it has been a pleasure working with KASA Construction. Sincerely,�f--_ Rafael Fajardo Project Manager City of Rosemead I mss'- CITY OF MURREFTA September 12, 2011 KASA Construction 316 North Corona Avenue Ontario, CA 91764 Subject: Letter of Recommendation; Torrey Pines Parc Project 16-40)109GP7343 To Whom It May Concern: On behalf of the City of Murrieta, we would like to thank KASA Construction for their exemplary performance in completing the Torrey Pines Park Project, #10-40109GP7343. KASA Construction completed this project with diligence and commitment, maintaining the highest leve, of professionalism, attention to detail, and work ethic. The project management team always kept the City's best interest in mind and if a problem or issue arose, KASA Construction always resolved it in b quick and efficient manner. KASA Construction's scheduling and coordination was extremely smooth. They maintained an excellent relationship with the City inspection team and kept the job running in a compliant and organizes; fashion. In many instances, KASA Construction went beyond the City's expectations in order to assure that the project was delivered at the highest standard possible. The City of Murrieta could not be more pleased with the final project result! It has been a pleasure working with KASA Construction and we would not hesitate to recommend their outstanding services. We would like to express our gratitude for a job well done and look forward to working together again to the future. Sincerol f L 8eff'Cadien Project Manager )C:mw I Town Souare, 24601 Jefferson Avenue • Murrieta, California 92562 phone: 951.304.CI CY (2489) • fax: 951.698.4509 • wch: murricta.org September 13, 2010 KASA Construction Inc, 316 N. Corona Avenue Ontario, CA 91764 Project: Citrus College Campus Safety Landscape Project To Whom It May Concern: CITRUS COMMUNITY COLLEGE DISTRICT BOARD OF TRUSTEES Mrs. Susan Mt Keirh, President Claremm/Azusa/La Verne/Pomona Represenrauve. Dr. Gary L. Woods, V,,, Preaidaw Azasa/Covinal(Clendora7lxrrdndale RePrerencarive Dr. Pan'icia Rasmussen, Cle,&Secrerary Glendora/Azusa/San Dimna Representative Mrs. -Joanna Niunrgomery, M.uxber Hommi/Bradbury/Duane Represenrauve Dc Edward C. Orrell, Mmaber DuorulArcadialr',eusa/Monrovia Represennrive Ms. Karfne Ponce; Studem Represewalive Dc Cn-rsidine M. Perri, Sarper'rr.(zndendPresidera I am writing this letter of referral to thank your company, KASA Construction Inc., for the due diligence and dedication in successfully completing the Campus Safety Landscape Project located at Citrus Community College, 1000 West Foothill Boulevard, Glendora, CA 91741. KASA Construction worked well within an active campus setting and construction activity. Product deliveries were coordinated in a mariner which was supportive of ongoing campus business, I have also been pleased with your approach which constantly recognizes the College's best interest. KASA Construction provided a safe and clean environment when working on campus and when students were present. The project was completed on time. We would not hesitate to refer _ K -ASA Construction to other agencies. Your team has remained positive and pro -active throughout our association in this project administratively and in the field. It has been a pleasure to work with your team on this project and we look forward in working with KASA in the future. Si/nceerrely, 1 Rot�G t 3. B dsliaw Construction Program Manager Citrus College RJB:la loco West Fuothill Boulevard Glendora, CA gr741-099 TEC: 6x6.963.0323 www.Cirruscollege.edu A; ; June 20, 2011 KASA Construction 316 North Corona Avenue Ontario, CA 91764 Subject: Letter of. Recommendation; Terrace Park Improvements Project. To Whom It May Concern: On Behalf of the City of Redlands, we would like to thank KASA Construction for their exemplary performance in completing the Terrace Park Improvements project. KASA Construction completed this project with diligence and commitment, maintaining the highest level of professionalism, attention to detail and work ethic. The project management team always kept the City's best interest in mind and if a problem or issue were to arise. KASA always resolved it in a quick and efficient manner. The City could not be more pleased with the final project results. It has been a pleasure working with KASA and we would not hesitate to recommend their outstanding services to others. We would like to express our gratitude for ajob well done and look forward to working together again. Sincerely, d Bassam Alzammar Construction Manager "Preserving the Past, Protecting the Future" P.O. BOX 3005 REDLANDS, CA 92373 "^. ^mow' - .��� y: a� h �MrcKca4"'AJ City of SANTA CLARITA 23920 Valencia Boulevard • Suite 300 • Santa Carire, California 91355-2196 Phone: (661) 259-2489 • FAX"; (661) 259-8125 a:um.santa-clarita can January 4, 2011 KASA Construction 316 North Corona Avenue Ontario, CA 91764 Subject: Letter of Recommendation; Valencia Industrial Center Median Improvements, Project B1008 To Whom It May Concern; On behalf of the City of Santa Clarita, we would like to thank KASA Construction for their exemplary performance in completing the Valencia Industrial Center Median Improvements, Project B 1008, located on Avenue Stanford and Avenue Scott. KASA Construction completed this project with diligence and commitment, maintaining the highest level of professionalism, attention to detail, and work ethic. The project management team always kept the City's best interests in mind and if a problem or issue were to arise, KASA Construction always resolved it in a quick and efficient manner. KASA Construction's scheduling and coordination was extremely smooth, which was further perpetuated by their closely -monitored traffic control and safety precautions. They maintained an excellent relationship with the City inspection team, and kept the job running in a compliant and organized fashion. In many instances, KASA Construction went beyond the City's expectations in order to assure that the project was delivered at the highest standard possible. The City could not be more pleased with the final project result. It has been a pleasure working with KASA Construction and we would not hesitate to recommend their outstanding services. We would like to express our gratitude for a job well done and look forward to working together again soon. Sincerely, Francisco J. Lujan Project Manager FJL:dp 5WVN NG.G��MevIXVGxxi rccommendmiunllv dac cc: Curtis L. Nay, Assistant City Engineer Harry Corder, Senior Engineer Robert J. Beste PublicWorks Director KASA Construction Inc. 1,16.N. Carona Avenue, OnPario. CA 91704 C l TORRANCE PUBLIC WORKS DEPAKTR4i--\'T Septeniber6,2011 Project: hedian island Improvements for the Beautification of Western Avenue From 1911eh Street to Carson Street. To Whom It lkIay Concern: PASA. Construction Inc. comhleted;the above project in a timely manner and within the budgeted amount. KASA's staffl howcd c.aperieaceand professianalistu in their work. The work also invoiced lane closurea on Caltrans right -vi way. KASA's staff followed fie Traffic Control Plans and worked ciascly whit the Caltrans inspector and personnel Front other utility companies. I aril glad to say that there were no incidents throughout the project. KASA' toroolan and superintcnclent were cacy to A.-ork vvith and made sure that tate joh site WaS clean and secure at the end of each working day. I am pleased with the finished product, and 1 amglad to recon mend KASA Construction for future projects. John C. Dettle. P.E. Project Nfanager X4V3nv18Yretin�Prnject>2011MW wrn Ave hmduw;>c?Coirospan<?ancc.Le;mr nfkcemnmenda.Gon LCC3 Construction Service, Inc DSA Testing & inspection • J.0 .I3.0 Testing & Inspection > Emdronmental Services Geotechnical Services Labor Compliance Services - Program Management Construction Management October 6, 2010 Mr. Sam Kasbar Kasa Construction 316 N. Corona Ave. Ontario, Ca 91764 Dear Mr. Kasbar, It is with great pleasure that I write this testimonial for Kasa Construction. As Vice President of Construction for LCC3 Construction Services, Inc, I have been afforded the opportunity to benefit eW firsthand from the talents of the Kasa Construction project team. This testimonial is best exemplified in the following Ie. IR; 9 exam P In June of 2010 Kasa Construction started a project for the Pomona Unified School District which was being managed by me as owner's agent. This project consisted of reconstructing a hill slope which had started to fail and was causing damage to one of the district's elementary school campuses. The project was scheduled to complete under a tight time line and reduced budget. Larry Edwards, Project Superintendent, and his support team's relentless commitment to cost containment; schedule recovery and customer satisfaction truly made the difference in the successful completion of the above mentioned project. I am pleased to share that not only did the project complete under budget, but do to Mr. Edward's commitment to the success of the project it came in on schedule with no disruption to any school programs. Kasa Construction's project team always searched for the best solution whenever possible and kept the goal of the project in sight. I found the project team to be professional, courteous, and very organized. I have added Kasa Construction to our contractor list and I look forward to working with the Kasa Construction team in the near future. Sincerely, T M� � Yi'LtGw�a. ,F Brian Watt Vice President, Construction LCC3 Construction Services, Inc Cc: File 4295 Jurapa Street #f 203 Ontario, Ca 91761 Office: (909) 390-0500 a Fax (800) 420-3467 City of Newport Beach IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS Contract No. 5035 NON -COLLUSION AFFIDAVIT State of California } ss. County ofd 5) \� V s- G-�.V, being first duly sworn, deposes and says that he or she is -ps^P Si cru. k of � c tc,,�ci;04/ I Or) 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 laws of the State of California that the foregoing is true and correct. VA C— "-4.A 06*0 Bidder Authorized Sig ature/Title Subscribed and sworn to (or affirmed) before me on this 2 n day of 12012 by -Z.-IV4 0G � L , proved to me on the basis of satisfactory evidence to be the erson(s ho appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. No ry Pu lic [SEAL] HECTOR ZAVALA •• Commission # 1868453 Z M Commission Expires: Dc- +. 2 2013 a .-ta ' Notary Public - California z y p 11 Z Los Angeles County My Comm. Expires Oct 28, 2013 13 City of Newport Beach IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS Contract No. 5035 DESIGNATION OF SURETIES Bidders name K S -P,, cc r -N-;;k LA -C -+i cl-,�, c r-) C -y 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): �Y�� � � � �✓� � �nsvrtinc� �.c J c ptw G X11-786 14 1--7771-1 City of Newport Beach IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS Contract No. 5035 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name s P�- I lffl C . Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2011 2010 2009 2008 2007 Total 2012 No. of contracts ! 47 - ? a J Total dollar Amount of Contracts (in Thousands of $ No. of fatalities .� No. of lost Workday Cases "0- -o- 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. 15 Legal Business Name of Bidder k—' V)SY'r C��n���t �c"-* -) ,1 Y-) C; Business Address: S1 (P U. (!)rr1--,y icy Business Tel. No.: ::tC� State Contractor's License No. and Classification: Titley The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on' the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI im CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino .............. .........__...... .............. _. On 5/2/2012 Date personally appeared before me, Hector Zavala, Notary Public Here Insart Name rind Title of the Oftirnr Diana Kasbar and Sam Kasbar -- .._....._......... _ ....... —. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that HECTOR ZAVALA he/she/they executed the same in his/her/their authorized Commission # 1868453Z capacity(ies), and that by his/her/their signature(s) on the :•�ci Notary Public - California instrument the person(s), or the entity upon behalf of Z ° Los Angeles County which the person(s) acted, executed the instrument. My Comm. Expires Oct 28, 2013 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hah pind Oficial seal. Place; Noiary Soal Above Signature C /t7tVAL 0 Though the information below is not required by law, it may prove vale ble to persons relying on the docurnent anrd could prevent fraudulent removal and reattachment of is form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: _._. ... ..... .......... ..__._.._..... ..... ..._...._.......... .. Signer's Name:--.—.--..._...__. _...._. individuaf ' individual Corporate Officer ... Title(s):............ i::::: Corporate Officer — Title(s): Partner—' Limited ::: General -1911 C:: Partner — Limited "::.1 General Attorney in Fact + - I::::I Attorney in Fact • -' Trustee Tor; r f thumb here. h Trustee Top o* thumb herr; 3 i Guardian or Conservator IL Guardian or Conservator Other:..- - I E- Other: — ...... _... _... _........ — _-- ..................._.__... _...._— Signer Is Representing: ....... . .......... .------ __.... _.... ....... _........ _.... _ - Signer Is Representing:.......... __.__._...._ (02007Naiir,ne Notary Associattori•9350DoSolo Ave.,PO. Box 2402.Chatsworth, CA91313-2402-www.NationalNotary.org Item 05907Reorder: Call Toll -Free ? 800 £76-6E27 City of Newport Beach IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS Contract No. 5035 ACKNOWLEDGEMENT OF ADDENDA Bidders names The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 City of Newport Beach IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS Contract No. 5035 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: 1� kir 1 BusinessAddress:3lla et0 04 Telephone and Fax Number: L43-1— '621j::) -21C01 California State Contractor's License No. and Class: -YEA P5,Q1 TCr2-:1 (REQUIRED AT TIME OF AWARD) Original Date Issued: 1 0-1 Expiration Date: 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: 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 ytc, c f-11 � mum [r m al —.c-- i >C G"� C_ 11 C�,� �t iZ 1C-.� 5---7 K2 Corporation organized under the laws of the State of l 'lc��Y� IV The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: �K to All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; X 14 Briefly summarize the parties' claims and defenses; �JIA Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes /0 19 Are any claims or actions unresolved or outstanding? Yes No — tJll, If yes to any of the above, explain. (Attach additional sheets, if necessary) an Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. u.PbA cM56 ct I a I I nc Bidder (Print name of Owner or President of Corporation/Company) i C01 Authorized Sigiaturefritle A A Title Date On 1. before me, A"( 2-g,44 0, , Notary Public, personally appeared ► 6Lv►.a who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. /i' 4, %a a ublic in.and for said State My Commission Expires: 10/-Z25/ 20 (SEAL) HECTOR ZAVALA Commission # 1868453 Notary Public - California z Z Z ' Los Angeles County D My Comm. Expires Oct 28, 2013 Cute of New1port Beach IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS Contract No. 5035 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: o CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 City of Newport Beach IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS Contract No. 5035 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this _ day of , 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City("City") and KASA Construction, Inc., a California corporation, ("Contractor"), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of mobilization; traffic control; distributing construction notification; removing and disposing of existing landscaping and irrigation material; removing and disposing of existing concrete, debris, and any other material to accommodate project; removing and constructing AC pavement; installing traffic striping and markers; installing and modifying landscaping and irrigation system; constructing concrete paving, curb and gutter, and median; landscape establishment and maintenance, providing as -built drawings, and all other incidental items of work necessary to complete the work in place. WHEREAS, 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, City and Contractor agree as follows: A. 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 Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5035, 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"). 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. B. 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. 22 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Three Hundred Eight Thousand, Seventy -Five and 001100 Dollars ($308,075.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (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, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to Citv. addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Iris Lee, P.E. (949)644-3323 CONTRACTOR KASA Construction, Inc. 316 N. Corona Avenue Ontario, CA 91764 909-457-8260 909-457-8261 Fax INSURANCE Without limiting Contractor's indemnification of City, andrip or to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. Workers' Compensation. 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 type for Contractor's employees 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' 23 Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 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 required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance 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) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. 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 an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. `zl b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor, products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials; employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. 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. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. 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 the 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. 25 f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. 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. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section 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. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. 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 Contract relating to the city or its operations limits the application of such insurance coverage. I. Coveraqe Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the 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 within five days of the expiration of the coverages. KIN G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public, or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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 the Contractor. 3. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (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, attorney's 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 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 or any or all of them). 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 attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. 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. 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. 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 MA be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the dates written below. APPROVED AS TO FORM OFFICE OF Tn CITY ATTORNEY Date: a- Aaron arp City Attorney ATTEST: Date: Leilani I. Brown City Clerk PO CITY OF NEWPORT BEACH A California Municipal Corporation and City and Chart r City Date: 714W1/ By: Nancy Gardne Mayor KASA CONSTRUCTION, INC. a California Corporation By: (Corporate Off' er) Title: President/Treasurer Print Name: Diana Kasbar Date: n R—t; r q ' 12-- cer) Title: Vice President/Secretary Print Name: Sam Kasbar Date:— _ _ �'"� ' 2- THE FINAL PREMIUM IS COn$racil NO, 5035 PREDICATED ON THE®�®0 0574204 FINAL CONTRACT PRICE (1 of 2 Originals) FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,497.00 being at the fate of $ 20.00 1st $100k & $12.00 Balance thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to KASA Construction, Inc., hereinafter designated as the °Principal°, a contract for construction of IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS, Contract No. 5035 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 5035 and the terns thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we; the Principal, and International Fidelity Insurance Company 'duly authorized to transact business under the laws of the State of Calffomia as Surety (hereinafter °Sureln, are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Eight Thousand, Seventy -Five and 00/900 Dollars ($308,075.00) 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 helrs, executors and administrators, successors, or assigns, jointly and severally, finely by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, suocessors, 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 ifs 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 indemnity, defend, and save harmless the City of Newport Beach, its officers, employees and agerrK 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. 29 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 the City, only in the event the 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 or to the specifications accompanying the same 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 the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 31st day of May . 3093. 71-c�r��C v^nr[I r tr K Construction, Inc. (Principal) International Fidelity Insurance Company Name of Surety 233 Wilshire Blvd., #820 Santa Monica, CA 90401 Address of Surety 877-395-7887 Telephone 151ratti� /—Auutthori ed Sig/n/1a�ture/T'dle Authorized Agent Signature Matthew R. Dobyns, Attomey-In-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHE® 30 ACKNOWLEDGMENT a0mmmapsan.am.0oemmo.asmammmm...mumooma m mma 0.000ommmmammoa.. OUR mos®mv0ma oanvmml State of California County of Orange )Ss. On May 31st, 2012. before me, Erika Guido Public, personally appeared Matthew R. Dobyns Notary proved to me on the basis of satisfactory evidence to be the person(K) whose name(&) ist" subscribed to the within instrument and acknowledged to me that hetab executed the same in hislRN*ti K authorized capacity6e4 and that by his/hofktxelK signatures(%) 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. Signat aryl ERIKA GUIDO Q ' COMM1643731 F NOTARY PUi#UGCAUFC RNIA $o 3 ORANGE COUNT ro �i My comm. expires May 5, 2013 (5081) 1111.00aaplaReMae aaas.o000mapa06a am0mma..Oamp maaap 0av as Rmav 0"000..m.O 0 aaamms.I OPTIONAL INFORMA17ON Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known tvdh Paper Identification Paper Identification Credible Witnesses) Capacity of Signer: Trustee XX Pacer of Attorney _ CEO I CFO I COO _ President I Vice -President I Secretary I Treasurer Other. Other information: 31 Thumbprint of Signer ❑ Cho& here d no thumbprint or fingerprint to avalable. ACKNOWLEDGMENT vaa m mm mammmmem m m m m a m may m vm m v m mmmmmemm am mmmmmmmammemm m m v m m m m . vmameavmm eema mammo, State of California County of to &ravc,r4Z we o ) ss. On before me, 1� Notary ,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/heMtheir 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. HECTOR ZAVALA Commission * 1866453 Notary Public -California z n : .... Z Los Angeles County My Comm. Expires Oct 28, 2013 SI a U (seat) mmvvmem mmemm••mm aemem vvm mmmmmamm mmmaaammmmmmammvaemm vvemmmvmvmomm m••mev venae mvae OPTIOMAL INFORMTIOM Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper identification Credible Wdness(es) Capacity of Signer. _ Trustee _ Power of Attorney _ CEO / CFO / COO _ President / Vice -President / Secretary / Treasurer Other. Other Information: 32 Thumbprint of Signer ❑ MOO here n no thumbpAnt or Wngarprint Is avartable. d purposes, as it the same naa pee the By Laws of INTERNATIONAL F the following resolution adopted by th y of July, 2010 and by the -Board of Dir( a IJ ."I Yl , f Directors - - 1EGHENY intments of 'orporation thereof<:or eptance of ficer of the idertaking,+ - 'heretotore ornereatter, being nereDaoopreo Dy pre Uor ormiuri as. me �nyu ia, m c u, aw • ....• ..� •� .• a•• •• - - -- — -- - - "and binding -upon the Corporation wi 4h the same forcean effect as though manna y affixed ' - IN WITNESS WHEREOF, INTERNATIONAL,FIDELITY INSURANCE COMPANY and ALLEGHENY ,CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. f 4RtrY STATE OF NEW JERSEY - - \ i c County of Essex 193 4.. i a ROBERT W; MINSTER kp Executive Vice PresidenUChiefOperating Officer �ryNSYul ,. (International Fidelity Insurance Company) - " and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and being by: me duly sworn,.. said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY. - "COMPANY-; that the seals. affixed to said instrument are the Corporate Seals 'of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. : < IN TESTIMONY WHEREOF, I .have hereunto set m hand affixed my Official Seal , at the City of Newark,: New Jersey the day and year first above written. 4 `f VAZ, '• 6 ,� �G _ EY Oes Marr. 014 7••! 4��'A,r• 27, 2EW My CommissiioBnExpirLIC -0 CERTIFICATION•. - I"the undersioned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify -that I'have Premium: Included on Perfomrance Bond. Contract No. 5035 BOND NO. 0574204 (I of 2 Originals) LABOR ARID MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Calffomia, by motion adopted, has awarded to K ASA Construction, Inc., hereinafter designated as the 'Principal," a contract for construction of IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS, Contract No. 5035 in the City of Newport Beach, in strict Conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 5035 and the terns 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, International Fidelity Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as 'Surety) are held firmly bound unto the City of Newport Beach, in the sum of Three Hundred Eight Thousand, Seventy-Fiva and 001100 Dollars ($$00,075.00) 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 wall 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 cordraded to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment insurance Code with rasped 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 rasped to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be foxed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 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 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 31 st day of May . 2012, I .C> —i4MA��s�iQt KASA Construction, Inc. (Principal) International Fidelity Insurance Company Flame of Surety 233 Wilshire Blvd., 4820 Santa Monica, CA 90401 Address of Surety 877-395-7887 Telephone By. % ; Autho' ed Signaturalritle By �����.��% �• Authorized Agent Signature Matthew R. Dobyns, Attomey-In-Fact Print Name and Title NOTARY OW OF CONTRACTOR AND ATTACHED 0 ACKNOWLEDGMENT mvoaevovoe 0 ma000 a v e v a v v o Doom v a m a m m o v a o a a o m a o a m a v s e m v o e m e 400aaoe60 o n a avoav0 v a o ON State of California County of Orange ss. On May 31st, 2012. Erika Guido y before me, Notary Public, personally appeared Matthew R. Dobyns proved to me on the basis of satisfactory evidence to be the persons) whose name(s) istaw subscribed to the within instrument and acknowledged to me that he/staetx executed the same in his/WRtXdir authorized capacfty and that by hisfhamftiliix signatures(s) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. my hand and official seal. ERIKA GUIDO o COMM.7r IB43731 g NOTARY PUBLIC CALIFORNIA G 3 ORANGE COUNTY ^+ my comm. axpires May 5, 2013 (see]) avemvavmav vmmvD amovsv evm mm eve mmo mammvav vammavamvm am Bvmvemmammmmmmsmmvm®amame0v� OPTIONAL INFORMATION Date of Document Type orTdle of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper identification Credible Witness(es) Capacity of Signer- Trustee ignerTrustee xx Power of Attorney _ CEO / CFO / COO _President / Vice -President / Secretary / Treasurer Other. 35 Thumbprint of Signer ❑ chack here d nothumbprbd orflngerixint Is evadable. ACKNOWLEDGMENT vvvumm�vvm mevae vmvm a .moue evvv ov•v oveemevmv•memnee my veva emvmmvma evemmevv evvvvvr State of California a County ofx w+ vias d man ) On before me, proved to me on the basis of satisfactory evidence to be the persons/ subscribed to the within instrument and acknowledged to me that he/s same in his/her/'their authorized capacity(ies), and that by his/her/their instrument the person(s), or the entity upon behalf of which the person(s) instrument. Notary .who whose names) istare he/they executed the signatures(s) on the acted, executed the 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. 0&ature"��_ HECTOR ZAVALA - Commission # 1868453 a 'ae ' Notary Public - California z z=�: Los Angeles County My Comm. Expires Oct 28, 2013 (Sean mvmemveemmemmeama vee aeseama ammmvm•no amus vvv vee. mereuavmvvacee my eevmmvvea vv•mea OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence: —Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer. _ Trustee Power of Attomey CEO/CFO/COO President / Vice -President / Secretary / Treasurer — Other. Other Information: E. Thumbprint of Signer ❑ cheek here it no thumbprint orfingerprint Is available. 'INT. F9®ELITY➢NSURANC TEFtNE,COMPANY,: .�,LLEGi-VENV Cp.SUA�-TY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5202 nized and 'the laws sof the StateTofENewPJeEseyN and in ALLEGHENY CASUALTY That INTERNATIONAL I COMPANY DELITY Sa corporetionURANCE OorganN ed and corporation sting a under the the laws of he State oder Pe laws yl f the having their principalJersey, and in the City of Newark, New Jersey, do hereby constitute and appoint RANDY SPOHN, MATTHEW R. DOBYNS Santa Ana, CA their true and �a s obligatoryyi CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL IRVINE AVENUE MEDIAN LANDSCAPE IMPROVEMENTS CONTRACT NO. 5035 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 5035 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: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization and Demobilization @ I�VUA Dollars and Cents $ i Per Lump Sum 2. Lump Sum Traffic Control Dollars and Cents $ rL $ Per Lump um 3. 720 S.F. Remove Existing Improvement and Construct AC Pavement @ Dollars and �1 1)90Cents $ �_ $ Per Square Foot PR2of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 800 S.F. Remove and Dispose of Existing Pavement, Aggregate Base and Soil to Depth of 30 Inches Dollars and I �V\ Cents Per Square Foot 5. 920 S.F. Remove Existing Pavement and Construct 6 -Inch Thick P.C.C. Paving @ �`�� Dollars and �O Cents $ ° �L $ e�LL Per Square F6ot 6. 7,600 S.F. Remove Existing P.C.C. Pavement Dollars and Cents $ 2 $ . 100 Per Square Foo 7. 1,000 S.F. Construct 4 -Inch Thick P.C.C. Pavement @ .(J y Dollars U and Cents Per Square Foot 8. 250 L.F. Remove and Construct P.C.C. Type A Curb and Gutter @ Dollars and Cents $ _ $ 'l IM Per Linear Foot 9. Lump Sum Install Traffic Striping and Markers @,Dollars and Cents $ Per Lump Sum PR3of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Clear and Grub Site @ -1'i/lty�lti1�? Dollars and Cents $ $ " Crj Per Lump Sum 11. 70 C.Y. Furnish and Install Fill Soil @ ��J Dollars and '( Cents $ Per Cubic Yard 12. Lump Sum Modify Irrigation Controller Dollars and Cents $ 2Jiouo $ Z 060 t Per Lump Sum 13. 1 EA. Install 10 -Inch Round Irrigation Pull Box @ f Dollars and Cents $ Per Each 14. 16 EA. Ins`tall�%-Inch Remote Control Valve Dollars and -�' Cents $ $V Per Each 15. 1 EA. Install 1 -1/2 -Inch Remote Control Valve @ d 4,12" Dollars and -::&� Cents $L�� _ Per Each ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum Install Irrigation Heads/Bubblers and Lateral Lines: @ 1'II�Cv�wn G� Dollars and Cents $ �21��� $ s2-JuND Per Lump Sum 17. 19 20 Lump Sum Install Finish Grade @ Dollars and Cents Per Lump Sum Lump Sum 34,400 S.F. 5,000 S.F. Weed Abatement Program Dollars and Cents Per Lump Sum Install 2 -Inch Thick Mulch @ Dollars and _ Cents Per Squar6 Foot Install Slope Coconut Matting Cover @' Dollars n and Cents Per Square' Foot 21. 126 EA. Install 5 -Gallon Aloe rudikoppe `Little Gem' (Little Gem Aloe) @t �1 Dollars and ct Cents $� $ Per Each PR5of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 161 EA. Install 5 -Gallon Aloe striata (Ghost Aloe) @ �r` Dollars and Cents Per Each 23. 1,121 EA. Install 5 -Gallon Carissa macrocarpa `Green Carpet' (Prostrate Natal Plum) @ S6 4ekx) Dollars and Cents $ ��.? $ Per Each 24. 337 EA. Install 5 -Gallon Carex divulsa (Berkeley Sedge) @ Dollars and _ Cents $ $ Per Each 25. 308 EA. Install 5 -Gallon Hemerocallis hybrid `SunTwist' (Daylily) @I ��✓l Dollars and 5_PerCents $ 15— Per Each 26. 152 EA. Install 5 -Gallon Lantana `New Gold' (New Gold Lantana) @_-� Dollars � and n -per Cents Per Each 27. 156 EA. Install 5 -Gallon Muhlenbergia capillaris `Regal Mist' (Regal Mist Muhly) @1-���,�1 Dollars and Cents $ ��,�- $ Per Each. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 248 EA. Install 5 -Gallon Salvia greggii `Red' (Autumn Sage) Dollars and _ Cents $_ $ Per Each 29. 30 EA. Install 25 -Feet Brown Trunk Height Phoenix dactylifera (Date Palm) -Ylr� -l'VI. 0 3 � @ 0\4YL t 1kYtJCd c Dollars and Cents $li $ Per Each 30. 25 EA. Install CITY -FURNISHED 36 -Inch Box Spathodea campanulata (African Tulip Tree) u C ( � �rr�� @ e ' i Dollars and 1 Cents $ _ $ Per Each 31. 14 EA. Install CITY -FURNISHED 24 -Inch Box Spathodea campanulata (African Tulip Tree) @Dollars and Cents $ Per Each 32. Lump Sum Provide As -Built Plans @1`f eVt►'IJ�QUDollars and Cents $ t5 bu $ t5 Per Lump Sum PR7of8 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 33. Lump Sum 60 -Day Landscape Establishment & 30 -Day Landscape Maintenance Phase @ "U hu 6 14bollars and Cents $ � 130 / Per Lump Sum TOTAL PRICE IN WRITTEN WORDS Dollars and Cents 45 1Q- I � 2_ Date Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) Total Price (Figures) ��Rt;VN CO3A_S\TLLCA i ty"1 I IIn Bidder Bidder's Aut rized Signature and Title 1tiZN C�r�r u -P,4-.O- DV&4+r,' ;> CA L -q Bidder's Address Bidder's email address: ��grrl c� �ASG� C���t'tl�`f1 • (G�'1 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE The selection of lowest responsible bidder shall be based on the Total Base Bid amount above. The bid amount entered for the alternate bid item below is for the sole purpose of City information. The City may, during construction, elect to replace one, all, or none of these alternative bid items with a payment item above. ALTERNATE BID ITEMS: Al. 30 EA. Install 25 -Feet Brown Trunk Height Syagrus romanzoffianum (Quee P alm) @ �Ci [Yollars and Cents Per Each A2. 30 EA. Install 25 -Feet Brown Trunk Height Archontophoenix cunnin h mianq, (King Palm) o1lars@ W and Cents $ Per Each 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS IRVINE AVENE MEDIAN IMPROVEMENTS CONTRACT NO. 5035 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule 6-1.3 Coordination with Other Agency 6-7 TIME OF COMPLETION 6-7.1 General 6-7.1.2 Order of Work 6-7.2 Working Days 6-7.4 Working Hours 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 4 6-9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 5 7-1.2 Temporary Utility Services 5 7-7 COOPERATION AND COLLATERAL WORK 6 7-8 WORK SITE MAINTENANCE 6 7-8.4.3 Storage of Equipment and Materials in Public Streets 6 7-8.6 Water Pollution Control 6 7-8.6.2 Best Management Practices (BMPs) 7 7-8.8 Steel Plates 7 7-10 PUBLIC CONVENIENCE AND SAFETY 7 7-10.1 Traffic and Access 7 7-10.3 Street Closures, Detours, Barricades 8 7-10.4 Public Safety 8 7-10.4.1 Safety Orders 8 7-10.5 "No Parking" Signs 9 7-10.6 Notice to Residents and Temp Parking Permits 9 7-15 CONTRACTOR LICENSES 10 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 10 9-3 PAYMENT 10 9-3.1 General 10 9-3.2 Partial and Final Payment 15 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 16 201-1 PORTLAND CEMENT CONCRETE 16 201-1.1.2 Concrete Specified by Class 16 201-2.2.1 Reinforcing Steel 16 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 16 212-1 LANDSCAPE MATERIALS 16 212-1.2.6 Soil Amendments 16 SECTION 214 PAVEMENT MARKERS 16 214-4 NONREFLECTIVE PAVEMENT MARKERS 16 215-5 REFLECTIVE PAVEMENT MARKERS 17 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 17 300-1 CLEARING AND GRUBBING 17 300-1.3 Removal and Disposal of Materials 17 300-1.3.1 General 17 300-1.3.2 Requirements 17 300-1.5 Solid Waste Diversion 18 SECTION 302 ROADWAY SURFACING 18 302-5 ASPHALT CONCRETE PAVEMENT 18 302-5.1 General 18 302-5.4 Tack Coat 18 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 18 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 18 303-5.5 Finishing 18 303-5.5.2 Curb 18 303-5.5.4 Gutter 19 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 19 308-6 LANDSCAPE ESTABLISHMENT & MAINTENANCE 19 SECTION 310 PAINTING 19 310-5 PAINTING VARIOUS SURFACES 19 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 19 310-5.6.6 Preparation of Existing Surfaces 19 310-5.6.7 Layout, Alignment and Spotting 20 310-5.6.8 Application of Paint 20 310-5.6.11 Pavement Markers 20 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 21 312-1 PLACEMENT 21 PART 4 SECTION 400 ALTERNATE ROCK PRODUCST, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE 400-2 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements SECTION 02810 LANDSCAPE IRRIGATION SECTION 02900 LANDSCAPE PLANTING SECTION 02970 LANDSCAPE ESTABLISHMENT & MAINTENANCE f.\users\pbw\shared\contracts\fy 11-12\c-5035 - irvinc avenue reforestation\specs index c-5035.doe 21 21 21 21 22 39 51 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONTRACT NO. 5035 INTRODUCTION SP 1 OF 56 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6025-S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The followring Special Provisions supplement or modify the Standard Specifucations for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of mobilization; traffic control; distributingconstruction notification; removing and disposing of existing landscaping and irrigation material; removing and disposing of existing concrete, debris, and any other material to accommodate project; removing and constructing AC pavement; installing traffic striping and markers; installing and modifying landscaping and irrigation system; constructing concrete paving, curb and gutter; and median; landscape establishment and maintenance, providing as -built drawings, and all other incidental items of work necessary to complete the work in place." SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment SP2OF56 3-3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements Add Section 4-1.3.4 Inspection and Testing "4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3`d 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." SP3OF56 5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." Add Section 5-7 ADJUSTMENT TO GRADE 5-7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. 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." Add the following section: SP4OF56 6-1.3 Coordination with Other Agency. The Contractor shall cooperatively coordinate construction activities within the Cities of Newport Beach and Costa Mesa, including: City of Costa Mesa Eastside Street Rehabilitation Contact: Thomas L. Banks (714) 754-5222 City of Costa Mesa Broadway S.R.T.S. Project Contact: Thomas L. Banks (714) 754-5222 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all construction work under the Contract within 65 consecutive working days after the date on the Notice to Proceed. The plant establishment period is 60 consecutive calendar days and shall commence after the Engineer has determined the work as completed and accepted. The plant maintenance period is 30 consecutive calendar days and shall commence after the Engineer has determined the plant establishment phase as completed and accepted. 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." 6.7.1.2 Order of Work. Plant material shall not be installed until the irrigation system has been tested and accepted by the Engineer. 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1" (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 31" (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. Given the proximity of the project site to a school site, normal working hours are limited to 9:00 a.m. to 3:00 p.m., Monday through Friday. Work hours outside the prescribed timeframe when school is NOT in session may be requested by the Contractor and shall be approved by the Engineer. SP5OF56 The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 3:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146.00 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services. Add to this end of this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $857 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water" SP6OF56 7-7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery, at his cost, of salvaged materials by contacting the Utilities Operation Manager, at (949) 718-3402." 7-8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual www.cleanwaternewport.com." SP7OF56 Additional information can be found at 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. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates. "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized shall be pinned and recessed flush with existing pavement surface." 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.), also published by Building News, Inc. Pedestrian access to all storefronts, buildings, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction-operations,—particularly sidewalk construction. 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)." SP8OF56 7-10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of traffic control plans from the City of Newport Beach and City of Costa Mesa's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street 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. 5. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 6. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 7. 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 8. 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." 7-10.4 Safety SP9OF56 7-10.4.1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." Add the following Section 7-10.5 "No Parking" Signs 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided by the City at no cost to the Contractor. However, the City reserves the right to charge $2.00 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The City of Newport Beach "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. 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. Add the following Section 7-10.6 Notice to Residents and Businesses 7-10.6 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents and businesses 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, businesses, and government buildings a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. SP 10 OF 56 Add the following Sections: 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a California Contractor's "A" and "C-27" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." 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 Demobilization: Work under this item shall include, but not limited to, providing bonds, insurance and financing, establishing a material and equipment storage location, preparing the BMP Plan, providing submittals and construction schedule, attending all project coordination meetings, coordinating with the City of Costa Mesa, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. SP 11 OF 56 Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents and businesses. In addition, this item includes, if required, preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach and City of Costa Mesa Requirements. Contractor shall arrange to obtain traffic control plan approval from both City of Newport Beach and City of Costa Mesa. Item No. 3 Remove Existing Improvement and Construct AC Pavement: Work under this item shall include, but not limited to cost of all labor, equipment, and materials for sawcutting, excavating, removing and disposing existing improvements to accommodate new pavement; grading, compacting, and constructing new AC pavement to match adjacent AC pavement with additional one -inch AC thickness, and all other work items as required to complete the work in place. Damage to curb and/or gutter as a result of work under this item in areas other than noted on Contract drawings, shall be removed and replaced at the Contractor's expense. Item No. 4 Remove and Dispose of Existing Pavement, Aggregate Base and Soil to Depth of 30 Inches. Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for sawcutting, excavating, removing and disposing of existing pavement, base and soil to a depth of 30 inches to accommodate for soil and landscape installation, and all other work items as required for performing the work complete and in place. Damage to curb and/or gutter as a result of work under this item in areas other than noted on Contract drawings, shall be removed and replaced at the Contractor's expense. Item No. 5 Remove Existing Pavement and Construct 6 -Inch Think P.C.C. Paving: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for sawcutting, excavating, removing and disposing of existing pavement to expose existing wall foundation, protecting wall and foundation in place, and constructing 6 -inch thick steel reinforced P.C.C. paving, and all other work items as required to complete the work in place. Damage to curb and/or gutter as a result of work under this item in areas other than noted on Contract drawings, shall be removed and replaced at the Contractor's expense. Item No. 6 Remove Existing P.C.C. Pavement: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for sawcutting, excavating, removing and disposing of existing pavement to a depth to accommodate new improvement, and all other work items as required to complete the work in place. Damage to curb and/or gutter as a result of work under this item in areas other than SP 12 OF 56 noted on Contract drawings, shall be removed and replaced at the Contractor's expense. This payment item includes the removal of existing P.C.C. pavement that is not covered under another payment item. Item No. 7 Construct 4 -Inch Thick P.C.C. Pavement: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for grading, compacting soil to accommodate new pavement, and constructing 4 -inch thick P.C.C. paving per City Standard 180-L, and all other work items as required to complete the work in place. Item No. 8 Remove and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material for sawcutting, removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter per City Standard 182-L, re -chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall match adjacent median gutter width. Item No. 9 Install Traffic Striping and Markers: Work under this item shall include, but not limited to, the cost of all labor, equipment, and material for removing existing traffic striping and pavement parkers, installing and removing temporary traffic striping, preparing the pavement to accommodate this payment item's improvements, and installing traffic striping, pavement markers, and all other work items as required to complete the work in place. Item No. 10 Clear and Grub Site: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for removing and disposing of the existing appurtenances, plant materials, tree trunks and roots, rodents and any rodent damage, debris; and all other work items as required to complete the work in place. The existing irrigation system shall be protected in place. Item No. 11 Furnish and Install Fill Soil: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing fill soil per import soil specifications at entire site to meet finish grade as shown on Contract drawings and as directed by the Engineer during construction. Quantities to this bid item are subject to adjustment or cancelation without renegotiation in unit price cost and/or additional compensation. Item No. 12 Modify Irrigation Controller: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for modifying existing irrigation controller to accommodate irrigation system improvements, electrical components, wiring and all other work items as required to complete the work in place. SP 13 OF 56 Item No. 13 Install 10 -inch Round Irrigation Pull Box: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 10 -inch round pull boxes, electrical connections, backfilling, compacting, and all other work items as required to complete the work in place. Item No. 14 Install '/4 -inch Remote Control Valve: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, making electrical connections, pulling of wire, furnishing and installing new '/4 -inch remote control valves, pipe material, valve boxes, and appurtenances such as tees, elbows, etc., to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 15 Install 1 -1/2 -inch Remote Control Valve: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, making electrical connections, pulling of wire, furnishing and installing new 1 -1/2 -inch remote control valves, pipe material, valve boxes, and appurtenances such as tees, elbows, etc., to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 16 Install Irrigation Heads/Bubblers and Lateral Lines: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new irrigation heads/bubblers and lateral lines, pipe material, and appurtenance such as tees, elbows, etc., restoring all damaged existing public and private improvements, setting of all heads 24 inches back from curb, removing of unused pipe and all other items as required to complete the work in place. Item No. 17 Install Finish Grade: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for removing, disposing, transporting and delivering top soil to meet the finish grade requirements, rigging soil to a 9 -inch depth, and leaving the finish grade in a smooth, raked, clean condition without low spots or erosion scars as determined by the Engineer, soil amendments, and all other work items as required to complete the work in place. Item No. 18 Weed Abatement Program: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for applying herbicides, irrigation, fertilization and all other items as required to complete work in place prior to plant installation. Item No. 19 Install 2 -inch Thick Mulch: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing a 2 - inch thick layer of mulch, and all other items as required to complete the work in place. Item No. 20 Install Slope Coconut Matting Cover: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing SP 14 OF 56 and installing a coconut slope matting cover, mat fasteners, and all other items as required to complete the work in place. Item No. 21 Install 5 -Gallon Aloe rudikoppe 'Little Gem', (Little Gem Aloe): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Aloe Rudikoppe 'Little Gem' (Little Gem Aloe), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 22 Install 5 -Gallon Aloe striata, (Ghost Aloe): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Aloe Striata (Ghost Aloe), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 23 Install 5 -Gallon Carissa macrocarpa 'Green Carpet', (Prostrate Natal Plum): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 - gallon Carissa Macrocarpa 'Green Carpet' (Prostrate Natal Plum), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 24 Install 5 -Gallon Carex divulsa, (Berkeley Sedge): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Carex Divulsa, (Berkeley Sedge), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 25 Install 5 -Gallon Hemerocallis hybrid 'Sun Twist', (Daylily): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Hemerocallis Hybrid `Sun Twist' (Daylily), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No, 26 Install 5 -Gallon Lantana `New Gold', (New Gold Lantana): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Lantana 'New Gold' (New Gold Lantana), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 27 Install 5 -Gallon Muhlenbergia capillaris 'Regal Mist', (Regal Mist Muhly): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 - gallon Muhlenbergia Capillaris 'Regal Mist' (Regal Mist Muhly), soil amendments, providing plant photos, and all other items as required to complete the work in place. SP150F56 Item No. 28 Install 5 -Gallon Salvia greggii 'Red', (Autumn Sage): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -gallon Salvia Greggii 'Red' (Autumn Sage), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 29 Install 25 -Feet Brown Trunk Height Phoenix dactylifera, (Date Palm): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 25 -Feet Brown Trunk Height Phoenix Dactylifera (Date Palm), soil amendments, providing plant photos, tree support and all other items as required to complete the work in place. Item No. 30 Install CITY -FURNISHED 36 -Inch Box Spathodea campanulata, (African Tulip Tree): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, and installing City - furnished 36 -Inch Box Spathodea Campanulata (African Tulip Tree), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 31 Install CITY -FURNISHED 24 -Inch Box Spathodea campanulata, (African Tulip Tree): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, and installing City - furnished 24 -Inch Box Spathodea Campanulata (African Tulip Tree), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 32 Provide As -Built Plans: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $5,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. Item No. 33 60 -Day Landscape Establishment & 30 -Day Landscape Maintenance Phase: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for manpower, fertilizers, irrigation system inspection and operation, plant materials, supervision, regular field visits with the Engineer, soil testing, and all other items necessary to establish and maintain the landscaping for the entire duration of the two periods. 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." SP 16 OF 56 ALTERNATE BID ITEMS Item No. Al Install 25 -Feet Brown Trunk Height Syagrus romanzoffianum, (Queen Palm): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 25 -Feet Brown Trunk Height Syagrus romanzoffianum (Queen Palm), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. A2 Install 25 -Feet Brown Trunk Height Archontophoenix cunninghamiana, (King Palm): Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 25 -Feet Brown Trunk Height Archontophoenix cunninghamiana, (King Palm), soil amendments, providing plant photos, and all other items as required to complete the work in place. PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560-C-3250." 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 212 --- LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS 212-1.2.6 Soil Amendments. Soil amendments shall adhere to the 'Tree and Shrub Planting Guidelines" section of the Soil & Plant Laboratory, Inc. analyses dated February 13, 2012 attached to these specifications. SECTION 214 --- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non -reflective pavement markers types A and AY shall be ceramic." SP 17 OF 56 214-5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass -covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?paqe=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-'/2 inch" of the last sentence with the words "two (2) inches". SP 18 OF 56 Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion. Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SECTION 302 ---ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be IIIC3 PG 64-10. The A.C. for base course shall be 111132 PG 64-10. All cracks '/4 -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-'/z inches of asphalt (finish course) shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302-5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 ---CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.5 Finishing 303-5.5.2 Curb. Add to this section: 'The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and SP 19 OF 56 a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. A two (2) day notice to the Engineer is required for requests to the City to determine the location of sewer laterals and water services." 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." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing all plant material that interfere with the work. The Contractor shall be responsible for removing all existing tree roots that could interfere with the work. Where applicable, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway at (949) 644-3083 a minimum of five workdays prior to beginning the impacted work. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forester for inspection. Upon inspection, the Urban Forester may require the Contractor to formally submit a plan for removing the large roots to the City for review. 308-6 Landscape Establishment and Maintenance. Add to this section, "The plant establishment period is 60 consecutive calendar days and shall commence after the Engineer has determined the work as completed and accepted. The plant maintenance period is 30 consecutive calendar days and shall commence after the Engineer has determined the plant establishment phase as completed and accepted. Such periods shall commence after all "punch list" deficiencies have been corrected to the satisfaction of the Engineer." SECTION 310 --- PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310-5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." y�z�z•»:� 310-5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." 310-5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.25 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. Primer shall be applied to concrete surfaces prior in application of thermoplastic striping. The primer shall be formulated for the intended application. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re -install "NO PARKING, TOW -AWAY' signs and re -notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re-stripe/replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City." Add the following Section: "310-5.6.11 Pavement Markers. "All Pavement markers shall comply with Section 85 of the State of California Standard Specifications. Non -reflective markers shall be ceramic. All new markers shall have glass faces or be 3M series 290." SP 21 OF 56 SECTION 312 --- PAVEMENT MARKER PLACEMENT AND REMOVAL 312-1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD -902-L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 4 400-2 UNTREATED BASE MATERIALS 400-2.1 General 400-2.1.1 Requirements. Add to this section: 'The Contractor shall use crushed miscellaneous base as the base materials." SECTION 02810 LANDSCAPE IRRIGATION PART 1 -GENERAL A. Scope of Work SP 22 OF 56 Furnish all labor, materials, appliances, tools, equipment facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of "Landscape Irrigation" complete, as shown on the drawings and/or described herein. Related work in other sections: Landscape Planting Landscape Maintenance B. Regulatory Agencies Comply with all applicable state and local codes, ordinances and regulations. Obtain and pay for all permits and inspections required. Erect and maintain barricades, warning signs, lights and guards as necessary to protect all persons on the site as set forth by the City. C. Quality Assurance and Qualifications The Contractor shall obtain and pay for any and all permits and all inspections as required. Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in the Contract furnish directions covering points not shown in the drawings and specifications. All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. SP 23 OF 56 D. Contractor Responsibilities 1. A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in the English language. 2. The Contractor shall train each person in techniques for making correct solvent and rubber gasket joints prior to their performing work on the site. 3. The Contractor shall protect work and materials from damage during construction and storage. Polyvinyl chloride (PVC) pipe and fittings shall be protected from dirt and sunlight. 4. The Contractor shall assume responsibility for damage to existing construction and shall restore damaged property to the original condition to the satisfaction of the Engineer. 5. The Contractor shall handle plastic pipe and fittings carefully and store undercover to avoid UV or other damage. Beds on which materials are stored must be full length of pipe. Pipe that has been damaged or dented shall not be used in work. 6. Immediately notify the Engineer in case of discrepancies. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re- installation of such areas until all discrepancies are resolved to the Engineer's satisfaction. E. Site Safety Erect and maintain barricades, warning signs, lights and/or guards as necessary or required to protect all persons on the site as directed by the City. F. Explanation of Drawings Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are essentially diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. SP 24 OF 56 All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. The Contractor shall not willfully install the irrigation system as shown on the drawings when it is obvious in the field that obstructions, grade differences or discrepancies exist that might not have been considered in the irrigation design. Such obstructions or differences should be brought to the attention of the Engineer. In the event this notification is not performed, the Contractor shall assume full responsibility for any revisions necessary to correct these discrepancies. G. Submittals Material List: The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. No substitutions shall be allowed without prior written approval the Engineer. Review of any items, alternatives or substitutes indicates only that products apparently meet the requirements of drawings and specifications on the basis of information of the samples submitted. Submittals shall be provided within ten (10) working days from the award of the Contract. The complete material list shall be submitted prior to the starting of any work. Catalog data and full descriptive literature shall be submitted. Although equipment on the plans may be different from the examples below, the following is a guide for proper submittal format: Item No Description Manufacturer Model Size(s) 1. Remote Control Valve Griswold DW 2" 2. Pop-up Spray Head Toro 570Z NA Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. Work schedule including coordination of electrical and water connections and the placement of material and equipment. Equipment or materials installed without the prior review of Engineer will be rejected; such materials shall be removed from the site. H. Substitutions The Contractor may submit proposed substitutions for equipment and materials SP 25 OF 56 listed on the irrigation plans in the following manner. The Contractor shall submit to the Engineer for approval on a separate sheet of Contractor's letterhead paper the following: A statement indicating the reason for making each individual proposed substitution (s). Provide descriptive catalog literature, performance charts and flow charts as required for each item the Contractor proposes to substitute, including the sales/manufacturer's regional telephone numbers. Provide the amount of cost savings or overage if the proposed substitute item is approved. Substituted equipment or materials installed or furnished without prior approval of the Engineer may be rejected and the Contractor required to remove such materials from the site at his own expense. The Engineer shall have the sole discretion in accepting or rejecting any proposed substitution. No exception taken to any item, alternate or substitute indicates only that the product apparently meets the requirements of the drawings and specifications on the basis of the information or samples submitted. All items must meet or exceed these specifications. 1. Manufacturer's warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. 2. Manufacturer's warranty is required on any product offered. 3. If, in the opinion of the Engineer, the substitution proves to be unsatisfactory, the Contractor shall remove such work and replace it with the originally specified item at the Contractor's own cost. I. Record Drawings The Contractor shall provide and keep up to date a complete "record" set of bond prints which shall be corrected daily and show every change from the Contract drawings and specifications and the exact locations, sizes and kinds of equipment. These drawings may also serve as work progress sheets and may be the basis for measurement and payment for work completed as deemed by the Engineer. This set of drawings shall be kept on the site and shall be used only as a record set. The Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed to the Engineer's SP 26 OF 56 satisfaction. These drawings shall be available at all times for inspection and shall be kept in a location approved by the Engineer. The Contractor shall dimension from two (2) points of reference the location of the following items. The depth of each item shall also be indicated if required by the Engineer or City. The minimum height of dimension lines and/or notes shall be .10" unless otherwise directed by the Engineer. Provide a "bar scale" on the plan. 1. Water point of connection 2. Site irrigation supply lines 3. Electrical point of connection 4. Backflow preventers 5. Master valve 6. Flow sensor 7. Gate or ball valves 8. Quick coupling valves 9. Remote control valves 10. Routing of pressure main line piping, (dimension max.100' along routing) 11. Routing of control and common wire 12. Pull Boxes 13. Electrical wiring and equipment 13. Other related equipment On or before the date of the final inspection at the end of the Construction Phase, the Contractor shall deliver the corrected and completed record drawings to the Engineer. Delivery of the drawings will not relieve the Contractor of the responsibility of furnishing required information that might have been omitted from the prints compiled at the site. The Contractor shall be fully responsible for correct record drawings. SP 27 OF 56 J. Controller Charts Record drawings shall be evaluated by the Engineer before controller charts are prepared. Provide one controller chart for each controller, unless otherwise directed by the Engineer. Provide "Bar" scale on original plan prior to reducing the size. The chart shall show the area controlled by each automatic controller and shall be sized '/2 -inch smaller than the controller door on all sides. The chart is to be a reduced drafted copy of the final record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable prior to when the final controller chart is completed. The chart shall be at least a 30# presentation bond copy. A differing color shall be used to indicate each valve and the same color used to identify the area of coverage for that valve. When completed and approved, the chart shall be hermetically sealed by a plastic lamination process. The plastic laminating sheets shall each be a minimum of 20 -mil. thick. The charts shall be mounted using Velcro tape. Controller charts shall be completed and approved by Engineer prior to final inspection of the irrigation system. K. Operation and Maintenance Manuals Prepare and deliver to the Engineer within ten calendar days prior to completion of construction, hard -covered three rings binders containing the following information 1. Index sheet stating Contractor's name, address and telephone number, list of equipment with name and addresses of local manufacturer's representatives. 2. Catalog and parts sheets on every material and equipment installed under this Contract. 3. Guarantee statement 4. Complete operating and maintenance instructions on all major pieces of equipment in sufficient detail to permit operating personnel to operate and maintain the equipment. SP 28 OF 56 Equipment list providing the following for each item 1. Index sheet stating Contractor's name, address, telephone number and name of contact person. 2. Manufacturer's name 3. Make and model number 4. Name and address of local manufacturer's representatives 5. Spare parts list in detail 6. Detailed operating and maintenance instructions for major equipment. Provide two (2) manuals, unless otherwise directed by the Engineer. L. Equipment to be furnished Supply as a part of this Contract the following tools and equipment: 1. Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve installed under this Contract. 2. Sprinklers: spray/bubbler head bodies — (5) of each type nozzles — (5) of each type The above equipment shall be turned over the City at the completion of Contract work, before final observation can occur. M. Central Control The Contractor shall contact the central control operator for the City and verify that all equipment is operational to the operator's satisfaction. For technical assistance with central control system, contact Mr. Scott Kyle at (949)212-8013. N. Product Delivery, Storage and Handling The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new pipe. SP 29 OF 56 O. Guarantee The guarantee for the irrigation system shall be made in accordance with the attached form. The general conditions and supplementary conditions of these specifications, if any, shall be filed with the Engineer or his representative prior to acceptance of the irrigation system. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. The beginning date of the one year guarantee shall be from the written final acceptance date established by the Engineer at the end of the Maintenance Phase. The guarantee form shown below shall be re -typed onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials, equipment and workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to repair or replace any defects in material equipment or workmanship which may develop during the period of one year from the date of acceptance. We also guarantee to repair or replace any damage resulting from the defects, or the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within a reasonable time as determined by the Engineer after receipt of written notice from the Engineer. All repair work shall completed to the satisfaction of the Engineer. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense. We will pay the costs and charges therefore upon demand. Any temporary repairs made by others to keep the irrigation system operable, does not void or relieve the Contractor of his responsibilities during the guarantee period. PROJECT: ADDRESS: LOCATION: SIGNED: ACCEPTANCE: SIGNED: PHONE: PART 2 — MATERIALS A. General SP 30 OF 56 Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. C. PVC Rion -Pressure Lateral Line Pipe Non -Pressure buried lateral line pipe shall be PVC Schedule 40 with solvent - weld joints. Pipe shall be made from NSF approved, Type 1, Grade II PVC compound conforming to ASTM resin specification D1784. All pipe must meet requirements set forth in Federal Specification PS -22-70 with an appropriate standard dimension ratio. All requirements for non -pressure lateral line pipe and fittings shall be the same as that for solvent -weld pressure main line pipe and fittings. 1. Use PVC Slip Fix for lateral line repairs only. D. Threaded Nipples Threaded nipples shall be standard weight, schedule 80, with molded threads. Assemble threaded fittings using Teflon tape applied to male threads only. E. Joint Primer Type as recommended by manufacturer of pipe. Type IPS -P-70 or equivalent for Flex hose to PVC fittings. F. Joint Cement Solvent type as recommended by manufacturer. G. Electric Remote Control Valves Electric control valves shall be of the size and type shown on the drawings. Unless otherwise noted on plan or construction details, all electric control valves shall have a manual flow adjustment. SP 31 OF 56 Provide and install one control valve box for each electric control valve. Provide and install Christy tags with valve sequence for each valve. Install Griswold DWS -R Series valve. H. Valve Boxes Electric Control Valves: Use green 12"x18"x12" deep rectangular boxes, Carson Industries #1419-12-4 with bolt down cover or approved equivalent. Pull Boxes: Pull boxes shall be 10" top diameter, 13" bottom diameter and 10- 1/4" deep round box with lock bolt cover. Box shall be green in color. Identification numbers shall be branded onto the box lids in 2 inch high letters and numbers as approved by the Engineer. Vehicle traffic area boxes shall be concrete with cast-iron lid designed for vehicle traffic use. I. Irrigation Control Wiring Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG -UF 600 volt with PVC Insulation. Pilot wires shall be red in color. Common wire shall be white in color. Wires for future use to pull boxes shall be striped, red and white, and bundled together in the controller cabinet with plastic zip tie. Install wire in accordance with valve manufacturer's specifications. In no case shall wire size be less than #14. Wire sizes shall be 14 ga. up to 750', 12 ga. up to1200', 10 ga. up to 2,000' from valve to controller. Wiring may occupy the same trench as proposed lateral lines and shall be installed along a separate route from existing pressure supply or lateral lines wherever possible in order to reduce the chance of damage to existing lines. All wires not buried under mainline shall be enclosed within a PVC sleeve of ample size to enclose the number of wires to be pulled through the sleeve easily. Where more than one wire is placed in a trench, the wiring shall be secured with vinyl cable ties at intervals of ten (10) feet, and placed under the pipe for protection from shovels. An minimum 2 -inch" expansion curl shall be provided within three (3) feet of each wire connection. The expansion curl shall be of sufficient length at each splice connection at each electric control valve so that in case of repairs, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in the trench without stress or stretching of SP 32 OF 56 control wire conductors. All splices shall be made with Spears #DS -100 Dri-Splice Connectors with crimp sleeves and Spears #DS -300 Dri-Splice Sealant. Field splices between the automatic controller and electric control valves will not be permitted without prior approval of the Engineer. All extra valve wires and the common wire, shall extend from the controller to a pull box at the farthest valve location for future or spare wires. J. Automatic Controller The existing controller is a Rainmaster Evolution Irrigation controller connected to the City's central control system. Contact Scott Kyle and RainMaster at (949) 212-8013 for central control information and coordination. K. Sprinkler Heads All sprinkler heads shall be of the size, type and deliver the same rate of precipitation with the diameter (or radius) of spray, pressure and discharge in GPM as shown on the drawings. All spray type sprinklers shall have a screw adjustment. Riser/swing joint assemblies shall be fabricated in accordance with the irrigation construction details shown on the drawings. Riser nipples for all sprinkler heads shall be the same size as the base opening in the sprinkler body. Contractor shall achieve 100%, head-to-head coverage by adjusting the locations of existing heads and adding in additional heads. PART 3 — EXECUTION A. Site Conditions All scaled dimensions are approximate. The Contractor shall check and verify all site dimensions. Exercise extreme care in excavating and working near existing utilities. Contractor shall be responsible for damage to utilities that are caused by his operations or neglect. Check existing utility drawings or call utility companies for existing utility locations. Verify existing locations of utilities with Dig Alert 811. SP 33 OF 56 Coordinate installation of sprinkler irrigation materials, including pipe, so there shall be no interference with utilities, other construction or planting or trees, shrubs and ground covers. The Contractor shall carefully check all grades to satisfy him that he may safely proceed before starting work on the sprinkler irrigation system. Verify that the specified depths for buried materials and equipment can be maintained. Verify that landscape irrigation systems may be installed in accordance with all pertinent codes, regulations, design, reference standards and the manufacturer's recommendations. Any installation not in conformance with the above shall be removed and returned at the Contractor's expense. Grades shall be within a tolerance of +/- 0.10 foot prior to installing irrigation systems. B. Physical Layout The irrigation system shown as existing on plan has been derived from design documents provided by the City. Changes have been made to the site since these documents were drawn that have not be recorded or verified by record drawings. The Contractor shall use the existing irrigation systems as shown on the plans as a guide to what may be existing in the field, but by no means assume they are representing an accurate portrayal of the existing systems. The irrigation lines as indicated on the drawings are diagrammatic. All piping and equipment shall be installed within the project boundaries, even if shown outside the boundaries on the drawings. Equipment or piping shown outside the boundaries on the drawings or drawn in the street, is for design clarity only. Install all piping and equipment within planting areas. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. Install all materials and piping to avoid conflict with trees, shrubs, and all underground utility services. Contact the Engineer immediately if obstructions prevent routing as denoted on plans. Lay out irrigation heads and make any minor adjustments required due to differences between actual site conditions and the drawings. Adjustments shall be maintained within the original design intent and only after receiving approval from the Engineer. Do not exceed the maximum or minimum spacing indicated by the manufacturer. C. Water Su SP 34 OF 56 Sprinkler irrigation system shall be connected to water supply points of connection as shown on drawings. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. D. Trenching Dig trenches straight to support pipe continuously on bottom of the trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the drawings or as noted. 1. Provide for a minimum of eighteen- (18) inches cover for all pressure supply lines. 2. Provide for a minimum of twelve- (12) inches cover for all non- pressure lateral lines. 3. Provide for a minimum of eighteen- (18) inches cover for all control wiring. 4. Provide for a minimum of twenty-four (24) inches for all sleeving from finish grades under paving and base. E. Backfilling The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth, stones, asphalt, concrete or other construction or organic debris such as plant refuse. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one-half (1/2) inch in size will be permitted in the initial backfill. If settlement occurs and subsequent adjustments in pipe, valves, sprinkler heads, lawn or planting, or other construction are necessary, the Contractor shall make all required adjustments without cost to the City. F.. Assemblies SP 35 OF 56 Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various assemblies), in such a manner as to conform to the details on the drawings. Install no multiple assemblies on plastic lines. Provide each assembly with its own outlet. Install all assemblies specified herein in accordance with respective detail. In the absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with the best standard practice and with the manufacturer's specifications. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape shall be used on male threads on all threaded PVC to PVC, and on all threaded PVC to brass pipe connections. Red lead and boiled linseed oil shall be applied to male threads on all galvanized pipe connections. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. Open pipe or tubing ends shall be taped closed during installation to prevent any foreign matter from entering the system. G. Line Clearance All lines shall have a minimum clearance of six (6) inches from each other and 12" from lines of other trades unless superseded by City of Newport Beach cross -connection details and codes. Parallel lines shall not be installed directly over one another.. H. Automatic Controller All modifications to the existing controller shall be per manufacturer's specifications. Remote control valves shall be connected to controller in numerical sequence as shown on the drawings. Remote Control Valves Install valves where shown on the drawings and per details. When grouped together, allow at least twelve (12) inches between valve boxes. Install each remote control valve in a separate valve box. Align boxes with adjacent paving in a neat manner, squared to the walk and each other. J. Flushing of System SP 36 OF 56 After all new sprinkler pipe lines and risers are in place and connected, and all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and a full head of water used to flush out the system. Sprinkler heads shall be installed only after flushing of the system has been accomplished. K. Sprinkler Heads Install the sprinkler heads as designated on the drawings. Sprinkler heads to be installed in this work shall be equivalent in all respects to those itemized on the drawings. Spacing of sprinkler heads and/or emitters shall not exceed the maximum as indicated on the drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. L. Temporary Repairs The City reserves the right to make temporary repairs as necessary to keep the irrigation system equipment in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. N. Field Qualitv Control The Contractor shall flush clean and adjust all sprinkler heads for optimum performance and to prevent overspray onto roadways.. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting at the Contractor's cost. Adjustments may include changes in nozzle sizes and degrees of arch as required. Lowering or raising of sprinkler heads by the Contractor shall be accomplished within five (5) days after notification by the Engineer. All sprinkler heads shall be set perpendicular to finished grade unless otherwise designated on the plan. All sprinklers shall be located 24 inches from back of curb SP 37 OF 56 O. Testing of Irrigation System The Contractor shall request the presence of the Engineer at the intervals listed below in advance of any testing. The Contractor shall provide "walkie-talkies" for communication from the review area to the controller location. The Contractor shall provide current record drawings at each review. Before testing mainlines, fill the lines with water for a period of at least 24 hours When the sprinkler irrigation system is completed, perform a coverage test in the presence of the Engineer, to determine if the water coverage for the planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviation from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate for field conditions. This test shall be accomplished before any groundcover or shrub material is planted. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements to the satisfaction of the Engineer. P. Maintenance The entire sprinkler irrigation system shall be under full automatic operation prior to any planting. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction, Landscape Establishment and Maintenance Phases of work. Q. Clean-up Clean up shall be made on a daily basis. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage sustained on the work or others shall be repaired to original conditions. R. Final Observation Prior to Acceptance The Contractor shall operate each system in its entirety for the Engineer at the time of final observation at the end of the Maintenance Phase. Any items deemed not acceptable by the Engineer shall be reworked to the complete satisfaction of the Engineer. S. SP 38 OF 56 The Contractor shall show evidence to the Engineer that the City has received all accessories, charts, record drawings and equipment as required before the final observation can occur. Observation Schedule The Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the following time schedule. The Contractor shall be familiar with the number and type of irrigation observations necessary prior to work. Typical observations may consist of, but not be limited to the following: 1. Pre -job conference 7 days 2. Automatic controller modifications 48 hours 3. Control wire installation 48 hours 4. Lateral line and sprinkler installation 48 hours 5. Coverage test 48 hours 6. Observation to begin Plant Establishment Phase 7 days 7. Observation at end of 60 day Plant Establishment Phase 7 days 8. Final observation at the end of the Maintenance Phase 7 days In the event the Contractor calls for an observation without record drawings, without completing previously noted corrections, or without preparing the system for proper observation to the satisfaction of the Engineer, the observation may be postponed. END OF SECTION SECTION 02900 LANDSCAPE PLANTING PART 1 -GENERAL A. Scope of Work SP 39 OF 56 Furnish all labor, materials, equipment, transportation, and services necessary to provide and install landscape planting as shown on the drawings and described herein. Related Work Specified In Other Sections 1. Landscape Irrigation 2. Landscape Maintenance B. Quality Assurance and Requirements Arrange procedure for inspection of plant material with Engineer prior to work. Should the Contractor desire the Engineer to inspect the plant material at the nursery prior to delivery, the Contractor shall notify the Engineer seven (7) consecutive days prior to this requested inspection. 1. Submittal of pictures shall not be considered as a final inspection of plant material. Final acceptance or rejection of plant material shall only be considered on-site with the actual plant material being observed live. 2. Contractor shall provide photos of plants prior to delivery, and provide packaging slips at time of delivery for verification of species. C. Submittals Certificate of Inspection of plant material by State or Federal Authority shall be presented if requested by the Engineer. D. Product Delivery, Storage and Handling Deliver fertilizer to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. Deliver plants with legible identification labels. Label trees, evergreens, bundles of containers of like shrubs, or groundcover plants. Use durable waterproof labels with water-resistant ink which will remain legible for at least 60 days. SP 40 OF 56 Protect plant material during delivery to prevent damage to root ball or desiccation of leaves. The Contractor shall notify the Engineer forty eight (48) hours in advance of delivery of all plant materials and shall submit an itemized list of the plants. Storage 1. Store plant material in the shade and protect from the weather. 2. Maintain and protect plant material not to be planted within four (4) hours handling. 1. Do not drop plant materials. 2. Do not pick up container plant material by stems or trunks. E. Job Conditions Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted industry practice. F. Samples and Tests Soil sample analyses for the Irvine Avenue Median Landscape Improvements project have been included at the end of the special provisions. The Engineer reserves the right to take and analyze samples of materials for conformity to specifications at any time. Rejected materials shall be immediately removed from the site at the Contractor's own expense. The cost of testing of materials not meeting specifications shall be paid by the Contractor. G. Guarantee and Replacement All plant material installed under the Contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one (1) year for trees, and ninety (90) days for shrubs and groundcovers from the effective date of completion of the Maintenance Phase of the project as established by the Engineer. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the Engineer, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the Engineer. Any materials found to be dead, missing or in poor condition during the El N1 SP 41 OF 56 Maintenance Period shall be replaced immediately. The Engineer shall be the sole judge as to the condition of the material. PART 2 — PRODUCTS Organic Material Organic Material Nitrolized compost, redwood or fir sawdust. Rates and fertilizers may have to be adjusted depending on the analysis of selected composts. Planting Tablets Slow-release type, containing the following percentages of nutrients by weight: 20% nitrogen 10% phosphoric acid 5% potash 21 gram tablets as manufactured by Agriform or approved equivalent, applied per manufacturer's recommendations. D. Top Soil Top soil, as required, shall be obtained from on-site planting excavations if at all possible. Topsoil shall consist of a natural, fertile, friable, sandy loam soil possessing the characteristics of representative soils in the vicinity which produce heavy growth of crops, grasses, or other vegetation and shall be obtained from natural well drained areas. Before removal of the topsoil, the surface at the source of supply is to be stripped to a depth of two inches in order to remove weed seeds, roots, etc. Imported topsoil shall consist of either fine sand or loamy sand textured soil meeting the following specifications: Chemistry 1. Reaction (pH) saturated paste 6.0-7.6 2. Salinity (ECe dS/m) saturation extract not to exceed 3.0 3. Sodium adsorption ration (SAR) not to exceed 6.0 4. Boron in saturation extract, ppm not to exceed 1.0 E. SP 42 OF 56 Texture Particle SizeUSDA Sieve Size (mm) Objective -%passing Gravel 2.0>85% Coarse sands 0,5>75% Silt plus clay 0.05" >35% Plant Material Plants shall be in conformance with the California State Department of Agriculture's regulation for nursery inspections, rules and rating. All plants shall have a normal habit of growth and shall be sound, healthy, vigorous and free of insect infestations, plant diseases, sunscalds, fresh abrasions of the bark, excessive abrasions, or other objectionable disfigurements. Tree trunks shall be sturdy and well "hardened" off. All plants shall have normally well-developed branch systems, not sparse, irregularly spaced, thin branched or having off - balanced head. All shall have vigorous and fibrous root systems that are not root or pot-bound. The root conditions of the plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than two plants of each species or variety. Where container -grown plants are from several sources, the roots of not less than two plants of each species or variety from each source will be inspected. In case the sample plants inspected are found to be defective, the Engineer reserves the right to reject the entire lot or lots of plants represented by the defective samples. The Engineer is the final judge of acceptability. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will be provided at the expense of the Contractor. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock or as specified in the drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform to the measurements, specified on the drawings. Plants larger in container size than specified may be used with the approval of the Engineer. But the use of larger plants will make no change in Contract price. If the use of larger plants is approved, the ball of earth or spread of roots for each plant will be increased proportionately. F. Resection or substitutions All plants not conforming to the requirements herein specified, shall be considered defective and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site of the work and replaced with new plants at the Contractor's expense. The plants shall be of the species, variety, size and condition specified herein or as shown on the drawings. Under SP 43 OF 56 no conditions will there be any substitution of plants or sizes listed on the accompanying plans, except with the expressed written consent of the Engineer. G. Pruning At no time shall trees or plant materials be pruned, trimmed or topped prior to delivery. Any alteration of their shape shall be conducted only with the approval and when in the presence of the Engineer. H. Plant Materials Plant material shall be true to botanical and common name and variety as specified in, "A Checklist of Woody Ornamental Plants in California," Manual 32, published by the University of California School of Agriculture (1963). I. Nursery Grown and Collected Stock Grown under climatic conditions similar to those in locality of the project. Container -grown stock in vigorous, healthy condition not root -bound or with root system hardened off. Use only liner stock plant material that is well-established in removable containers or formed homogeneous soil sections. Substitute plant material will not be permitted without specific written approval by the Engineer. J. Mulch Cover All shrub planting areas shall receive a surface layer of nitrogen fortified shredded tree and plant material mulch. The mulch shall consist of "TV400" mulch as manufactured by Tierra Verde, Irvine, California, (800) 792-5983. Provide depth of 2" minimum over finish grade in general planting areas, and 1" depth within watering berm around plant base. No bare earth shall be showing through mulch cover. Curbs, walks, or other paving shall be located 1" over the top of the mulch cover. K. Miscellaneous Materials Sand 1. Washed plaster sand or equivalent. Herbicides 1. Pre -emergent herbicide: Ronstar or equivalent 2. Post -emergent herbicide: Round -up or equivalent PART 3 — EXECUTION A. Inspection SP 44 OF 56 Verify that final grades have been established prior to beginning planting operations. Inspect trees, shrubs, and liner stock plant material for injury, insect infestation and trees and shrubs for improper pruning. Do not begin planting until irrigation mainline pressure test and irrigation coverage tests are accepted. B. Preparation Contractor shall remove all gravel debris and install appropriate soil to the acceptance of the Engineer, prior to layout of plant material for location approval. All shrubs and trees shall be placed on the ground in their original containers to have their locations approved by the Engineer. Once approved, the plant pits may be dug. No plant pits shall be dug until the locations are approved. Any plant not planted in the approved location shall be moved to the approved location, or a new plant shall be provided to be planted in the approved location. The Engineer has the sole discretion as to whether the original or a new plant shall be installed at the approved location. Minor adjustments to the locations may be required if so deemed by the Engineer after planting Do not begin excavation until plant locations and plant beds are acceptable to the Engineer. C. Pre -Planting Installation Plant Pits 1. Shape: Dig vertical sides and flat bottom on all pits and trenches. Plant pits to be square for box material, and circular for canned material. SP 45 OF 56 2. Size: All plant pits for shrubs shall be dug twice the diameter and meet the depth of the root ball, allowing for the root crown to be a minimum of 1" above finish grade. 3. Non -Palm Tree and Shrub Backfill Backfill with native soil to within 12 inches of top of the root ball. The top 12 inches of backfill shall contain amended soil consisting of no more than 20% by volume organic matter consisting of nitrogen fortified organic amendment (compost, redwood or fir sawdust). Do not place any organic matter in backfill below the top 12 inches. Place slow release fertilizer tablets in the upper 12 inches of backfill at manufacturer's recommended rates. Palm Trees For field grown palms, excavate planting pits at least 24 inches wider than the rootball. The planting pit depth should not exceed the measured length from crown to bottom of rootball. The crown should not be buried. Planting palms too deep is a dangerous practice. If the palms within a stand are required to be at the same height, select palms at that height rather than adjusting in the planting pit. Organic matter should NOT be placed in the backfill. Water management during establishment is critical. The original rootball and surrounding backfill should be evenly moist for at least the first four (4) to six (6) months, but never saturated. Drenching the soil 2-3 times during establishment with a fungicide labeled for water molds is often practiced, particularly for specimen palms. The palms shall be planted by a Contractor with experience in palm tree planting. Contractor shall support the palm trees in a manner consistent with industry standards for the area. Support palms as required for public safety. The palms should be planted when soil temperatures are warm. Ideally, planting should be avoided between November and February. Final Grades After the foregoing specified deep watering, minor modification to grade may be required to establish the final grade. These areas shall not be worked until the moisture content has been reduced to a point where working it will not destroy soil structure. Finish grading shall insure proper drainage of the site. SP 46 OF 56 All areas shall be graded so that the final grades will be 2 -inches below adjacent paved areas, sidewalks, and valve boxes. Eliminate all erosion scars. At time of planting, the top two (2) inches of all areas to be planted or seeded shall be free of stones, stumps, or other deleterious matter one (1) inch in diameter or larger, and shall be free from all wire, plaster, or similar objects that would be a hindrance to planting or maintenance. Finish grading shall be consistent and free from undulations, irregularities or depressions. Areas filled by floating loose soil into depressions shall be thoroughly watered to ensure compaction. E. Dispose of Excess Soil Dispose of unacceptable or unused excess soil off-site in a manner consistent with local codes. F. Maintenance of Final Grades It shall be the responsibility of the Contractor to maintain the final grades throughout the Construction, Plant Establishment and Maintenance Phases. All erosion shall be properly repaired at the Contractor's own cost to the Engineer's satisfaction. Any slope soil run-off onto adjacent paving areas shall be cleaned regularly by the Contractor. G. Planting Installation Actual planting shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted practice, as approved by the Engineer. Only as many plants as can be planted and watered on that same day shall be distributed in a planting area. Containers shall be opened and plants shall be removed in such a manner that the ball of earth surrounding the roots is not broken. The plants shall be planted and watered as herein specified immediately after removal from the containers. Containers shall not be opened prior to placing the plants in the planting area. H. Weed Control After soil preparation and establishment of final grades prior to any planting, the SP 47 OF 56 Contractor shall irrigate thoroughly for a period of time, two to three weeks, until the weed seeds have germinated. When there is sufficient weed seed i germination, the Contractor shall apply a post -emergent contact herbcide according to the directions of the manufacturer, conforminto affecting herbicide handling and use. g any and all codes The Contractor shall then wait an additional two (2) weeks to allow the herbicide to dissipate, then plant as indicated in the plans and specifications. The Contractor shall remove any residual foliage. Roots shall be removed except on slopes 2:1 or greater where they shall remain to add to the slope's stability. Lav -out of Major Plantings Locations of plants to be planted shall be approved by the Engineer before any plant pits are dug. Plants shall be located within their original containers on site and have their locations approved by the Engineer prior to any plant pits being dug. Plant tabs shall be placed on the top of each container at this time for easy verification of the number of plant tabs to be used on each plant. If an underground construction or utility line is encountered in the excavation of planting areas, notify the Engineer immediately to clarify if the utility line is dangerous. Other locations for planting may be selected by the Engineer. J. Planting orbs Excavation for planting shall include the stripping and stacking of all acceptable topsoil encountered within the areas to be excavated for trenches, tree holes, plant pits and planting beds. Excess soil generated from the planting holes and not used as backfill or in establishing the final grades shall be removed from the site in a manner consistent with all local codes. Protect all areas from excessive compaction when trucking plants or other materials to the planting site All excavated holes shall have vertical sides with roughened surfaces. 1, Center plant in pit or trench. 2. Face plants with fullest growth into prevailing wind, unless other wise directed by the Engineer SP 48 OF 56 3. Set plants plumb and hold rigidly in position until soil has been tamped firmly around root ball. 4. All plants which settle deeper than specified above shall be raised to the correct level. After the plant has been placed, additional backfill shall be added to the hole to cover approximately one-half of the height of the root ball. At this stage, water shall be added to the top of the partly filled hole to thoroughly saturate the root ball and adjacent soil. K. Can Removal Cut cans on two sides with an acceptable can cutter. Do not injure root ball. Do not cut cans with a spade or ax. �• Planting of Plant Material Carefully remove plants without injury or damage to the root ball. After removing the plant, superficially cut edge -roots with a knife on three sides. Hand backfill and hand tamp leaving a slight depression around bases of plants. Backfill the remainder of the hole Planting tablets shall be set with each plant on the top of the root ball whole the Plants are still in their containers so the required number of tablets to be used in each hole can be easily verified. After backfilling, an earthen basin shall be constructed around plants as follows: 1. Each basin shall be of a depth sufficient to hold at least two (2) inches Of water 2• One -gallon plants shall have a basin not less than eighteen (18") inches in diameter. 3. Five -gallon plants shall have a basin not less than twenty-four (24") inches in diameter. 4. 24 -inch box trees shall have a basin not less than forty-eight (48") in diameter. M. N. SP 49 OF 56 5. 36" box trees shall have a basin not less than seventy-two (72') in diameter. 6. Palms shall have a basin not less than forty-eight (48") in diameter 7• Pruning shall be limited to the minimum necessary to remove injured twigs and branches and to compensate for loss of roots during transplanting, but never to exceed one-third of the branching structure. Clean-up After all planting operations have been completed; remove all trash, excess soil, empty plant containers and rubbish from the property. All scars, ruts or other marks in the ground caused by this work shall be repaired and the ground left in a neat and orderly condition throughout the site. The Contractor shall pick up all trash resulting from this work at the end of each working day. All trash shall be removed completely from the site throughout the entire Contract length to the satisfaction of the Engineer. The Contractor shall leave the site area broom -clean and shall wash down d areas within condition throughout the e Construction Contract re Phase a leavI to ng tt e p satisfaction remises in aof clean the Engineer. Observation Schedule The Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the following time schedule. The Contractor shall be familiar with the number and type of planting observations necessary prior to work. Typical observations may consist of, but not be limited to the following consecutive calendar day schedule: 1. 2. 3. 4. 5. 6. Pre -job conference 7 days Plant material inspection 7 days Plant material layout/approval 7 days Final planted locations 7 days. End of Construction punch list 7 days End of Landscape Establishment phase punch list 7 days 0 SP 50 OF 56 7• End of Landscape Maintenance phase Punch list 8. Final observation at the end of the 7 days Maintenance Phase 7 days In the event the Contractor calls for an observation without record drawings, without completing previously noted corrections, or without preparing the system for proper observation to the satisfaction of the Engine observation may be postponed, er, the END OF SECTION SECTION 02970 PART 1 — GENERAL A. ScoWork SP 51 OF 56 Furnish all labor, materials, transportation, and services necessary to provide landscape maintenance to the project as described herein. Related Work Specified In Other Sections 1. Landscape Irrigation 2. Landscape Planting B. General Maintenance The length of the plant establishment period shall be sixty (60) consecutive calendar days and the maintenance period shall be thirty (30) consecutive calendar days. A punch -list walk shall be conducted at the end of the sixty (60) day plant establishment period. Maintenance of plant materials shall include, but not be limited to trimming, pruning, watering, fertilization, weed control, cultivation, pest control and clean up. The Contractor shall keep the site in a state of perpetual growth and repair. Irrigation maintenance shall include periodic operation of the system, adjustments, and minor repairs as necessary. All hardscape shall be kept clear of debris from the maintenance operations, erosion, run-off, irrigation, or wind blown debris. Clean up of walks shall be the Contractor's responsibility. Street gutters shall be included within the debris/siltation removal program. The Contractor shall provide a general clean-up operation at least once a week, in addition to the daily clean-up operation, for the purpose of removing trash or debris which may accumulate from the use of the area, wind blown debris, or other refuse. Regular site meetings with the City will be required to ensure establishment and maintenance compliance. All personnel on the project shall be well trained, clean, neat at all times, and be conversant with these specifications. SP 52 OF 56 All work shall be performed in accordance with the best landscape maintenance Practices and in keeping with the high aesthetic level of the facilities being maintained. Contractor shall be responsible for removing all weeds in joints of sidewalks, curbs, and hardscape throughout the project. All landscape areas shall be patrolled weekly to check for vandalism damage, broken tree branches, rodents, insects, pests, and diseases. Water management: Water only as required to allow penetration into the soil and avoid excess run-off. Once plant material is established, water only as needed to maintain healthy plant material 2. Avoid water waste by setting controllers appropriately for the current season and weather. Contact Rainmaster for coordination. 3. Water management for Palm trees during establishment is critical. The original rootball and surrounding backfill should be evenly moist for at least the first 4-6 months, but never saturated. Drenching the soil 2-3 times during establishment with a fungicide labeled for water molds is often practiced particularly for specimen palms. Once the tree is well established, dedicated irrigation can be removed or capped off. Avoid blocking the clear view of signs, illumination of light fixtures or views of pedestrians and/or vehicles.. Safety of users shall be a prime goal of maintenance especially in regard to trimming of shrubs away from walkways and/or structures. The Contractor, at his own expense, shall immediately replace all plant material that has failed during the Plant Establishment and Maintenance Phases. C. Quality Assurance Work Force: The Contractor's representative shall be experiencedin landscape maintenance and shall have received an education in ornamental horticulture. The Contractor shall give his personal supervision to the work or shall have a competent foreman on the job site at all times during progress of the work. SP 53 OF 56 2. The Contractor shall provide and maintaina current list of emergency telephone numbers for 24-hour emergency response. The Contractor shall initiate remedial action within two (2) hours from the time of notification. D. Start of the Landscape Establishment Phase: The 60 -day Landscape Establishment Phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete and accepted by the Engineer. The Contractor shall request an inspection to begin the Landscape Establishment Phase after all planting and related work has been completed in accordance with the Contract documents and accepted by the Engineer. If such criteria are met to the satisfaction of the Engineer, a field notification shall be issued to the Contractor from the Engineer, to establish the effective beginning date of the Landscape Establishment Phase. The Engineer has the ultimate authority in setting the beginning date for the Landscape Establishment Phase, E. Start of the Landsca a Maintenance Phase The 30 -day Landscape Maintenance Phase shall not start until all elements of construction, planting, and irrigation for the entire project are completed and accepted by the Engineer at the end of the Landscape Establishment Phase. The Contractor shall request an inspection to begin the Landscape Maintenance Phase after all planting and related work has been reviewed and accepted by the Engineer. If such criteria are met to the satisfaction of the Engineer, a field notification shall be issued to the Contractor from the Engineer, to establish the effective beginning date of the Landscape Maintenance Phase. The Engineer has the ultimate authority in setting the beginning date for the Landscape Establishment. F. Guarantee and Replacement All plant material installed under the Contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a perod of one year. This guarantee shall begin from the date of final acceptance iat the end of the Maintenance Phase as established by the Engineer. Any plant material found to be dead, missing or in poor condition as determined by the Engineer, shall be replaced by the Contractor at his expense. Any materials found to be dead, missing, or in poor condition as determined by the Engineer, during the Maintenance Phase shall be replaced immediately, not at the end of the Maintenance Phase prior to inspection. The Engineer shall be the sole judge as to the condition of material. Material to be replaced within the SP 54 OF 56 guarantee period shall be replaced by the Contractor within seven (7) days. G. Final Project Submittals Prior to the date of the final inspection at the end of the Landscape Establishment Phase, the Contractor shall deliver a bond copy of the red -lined site "Record" drawing of the project to the Engineer. Prior to the date of final inspection at the end of the Landscape Maintenance Phase, the Contractor shall deliver to the Engineer the "Landscape and Irrigation Guarantee" as required. All other submittals as incorporated in the Irrigation and Planting Specifications shall also be completed prior to the final acceptance by the Engineer. H. Maintenance All areas shall be kept free of debris and all planted areas shall be weeded and cultivated at intervals of not more than seven (7) days. Watering, mowing, rolling, edging, trimming, fertilization, spraying and pest control, as may be required, shall be included in the maintenance period. The Contractor shall be responsible for maintaining adequate protection of the entire project area. Damaged areas caused by erosion, tire damage, pests or other damage as deemed by the Engineer shall be repaired at the Contractor's expense. All sidewalks, paved areas and other areas adjacent to the planting areas shall be cleaned of all debris, soil, or other materials at intervals of not more than seven (7) days. Watering 1 Maintain a large enough water basin around plants in groundcover areas so that enough water can be applied to establish moisture through the major root zone. When hand -watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering. Pruning 1 Shrubs shall not be clipped in balled or boxed forms. 2. All cuts shall be made to lateral branches or buds or flush with the trunk. Stubbing will not be permitted. 3. Remove any spent blossoms or flower stalks after flowering. J. K. L. M. N SP 55 OF 56 4. Hedges and most plant masses shall be pruned into a mass form, not individual plant balls or boxes. Do not prune into formal shapes resembling balls, cubes, or rectangular forms. 4. Refer to "Special Provisions Wee— diol section for root pruning specifications. Keep basins and areas between plants free of weeds. Use recommended nd methods. Avoid legally approved pre -emergent herbicides and removal by ha frequent soil cultivation that destroys shall roots. Use mulches to help prevent weed seed germination. Avoid post -emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. Insect Maintain a reasonable control with approved materials and methods that are legally accepted in the area. Disease and Pest Control The Contractor shall be responsible to control all diseases and pests during the Establishment and Maintenance Phases. All disease and pest control materials and methods shall be at the direction of a licensed pest control operator. The Engineer shall be made aware of all methods and materials to be used for disease and pest control. The Contractor shall implement the control measures exercising extreme caution in using pesticides and taking all necessary steps to ensure the safety of the public. Fertilization Fertilize all planting areas with the following materials. 1. Tree and shrub plantings can be fertilized by uniformly broadcasting sulfur coated urea at the rate of 5 lbs. per 1000 sq. ft. The first application should occur approximately 90 days after planting with repeat applications every 120 days. Follow each fertilization with a thorough irrigation. When plants have become well established, fertilizer applications can be less frequent. Irrigation System The Contractor shall check all systems for proper operation a minimum of once a month. Lateral lines shall be flushed out after removing the last sprinkler head or two at each end of the lateral as deemed necessary. All heads are to be e SP 56 OF 56 adjusted as necessary for 100%, head-to-head coverage Coordinate with the City and Rainmaster to program central control automatic controllers for seasonal water requirements. The Contractor shall adjust his watering schedule equal to the application rate each area is capable of receiving based on topography, soil type, plant material, season, and weather. Give Engineer a key to controllers and instructions on how to turn off the system in case of emergency. Repair all damages to the irrigation system at the Contractor's expense. Repairs shall be made withinone watering cycle. All replaced equipment shall match the equipment specified on the plans and specifications. O• Final Acceptance The Contractor shall be aware that the landscape shall be in a vigorous and thriving condition prior to final acceptance. All plant material which may still be under stress from the Construction Phase shall at this time be rejected and replaced by healthy and vigorous plant material prior to final acceptance to the Engineer's satisfaction. All plant material shall have new growth trimmed neatly, and all hardscape shall be cleaned prior to final acceptance. END OF SECTION CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6-18-12 Dept./Contact Received From: Date Completed: 6-21-12 Sent to: Company/Person required to have certificate: Type of contract: Shari By: Construction Joel I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 7-02-12/7-02-13 A. INSURANCE COMPANY: Century Surety B. AM BEST RATING (A-: VII or greater): A-: IX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000 E. ADDITIONAL INSURED ENDORSEMENT—please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ® NIA ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes ® No H. Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No 1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ® Yes ❑ No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8-03-11/8-03-12 A. INSURANCE COMPANY: Nationwide Mutual Insurance Co. B. AM BEST RATING (A-: VII or greater) A+: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS- If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® NIA ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ NIA 2 Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 2-18-12/2-18-13 A. INSURANCE COMPANY: CastlePoint National Insurance B. AM BEST RATING (A-: VII or greater): A-: X C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000;000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY ® N/A ❑ Yes ❑ No V BUILDERS RISK ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 7-02-12 Date RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ 1 ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. CE^ ^ Y D�VCA`�[� OF LDABV�9`Pli BY VSV3'RAi�CLS DATE (MM'72%YV) 07 �02�2D1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Steve Singh PRO - Premier One Insurance Services, Inc PHONE $ 11000,000 POLICY JE 1869 West Foothill Bld (SIC >:909-981-6565 No: 905-981-6585 MR ADDRESS, steve.singh@premierone.com Upland CA 91786 ACP7814600232 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Century Surety 36951 Kasa Construction, Inc- INSURERS: Nat l Orlwide Mutual 23787 316 N Corona Ave INsuRER c: CastlePoint National 40134 HIRED AUTOS INSURERD:Mt. Hawley Insurance Company 37974 Ontario CA 91764 INSURER E: Per accident $ IRIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOL THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUDS LTR TYPE OF INSURANCE INSR VJVD POUCV NUMBER POLICY EFF POLICY EXP MMIDDIYYYY MMIDDIYWY GENERAL LIABILITY LIMITS CCP669421 07/02/2012 07/02/2013 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY DA GETOR N ED CLAIMS -MADE Z OCCUR PREMISES Ea occurrence $ 100,000 ..__ A" IX ry LNVurctGglE UMITAPPLIES PER: PRO - I PRODUCTS - COMP/OPAGG $ 11000,000 POLICY JE OC AUTOMOBILE LIABILITY $ ACP7814600232 08/03/2011 08/03/2012 OE.aSINEDrodenISINGLE LIMIT ANYAUTO $ B ALL OWNED SCHEDULED ][ BODILY INJURY (Per person) $ AUTOS AUTOS NON -OWNED BODILY INJURY heeraccident) $ HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ UMBRELLA LIAB D EXCESS LIAB OCCUR EMX0315824 ,., .,,,,, ...�_ 12/16/201112/16/2012 EACH OCCURRENCE $ $ 51000,000 11 EMPLOYERS' LIABILITY 5 47-12 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACOR0111,Addition, Remarks Schedule, if more space is required) n b: Irvine Avenue Median Landscape Improvement- Contract # 5035 ty of Newport Beach, its elected or appointed officers, agents, employees and lunteers are listed as additional insured. City of Newport Beach 3300 Newport Boulevard P O Box 1768 Newport Beach GrnDn 9C mnamnc, CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ill'-' - © 1988-2010 — —1— naunr ally mgD are registered marks of ACORD reserVP.d_ CGL 1816 0106 THIS ENDORSEMENT Y. /-1 �IDIf�O d/1� INSURED �- ��)I,ti rt�E��,� ILEASE -I ����r�j rS EAD IT �j��w� CONTRACTORS `,Oi TRAl T ORS - SCHEDULED PCrel .ION OR ORGANIZATION -- PRIMARY A 1D N O NCO I a I R i B UI O f -'v Y COVERACE This endorsement modifies insurance provided under the following: CONTRACTORS LIMITED CLAIMS MADE GENERAL LIABILITY COVERAGE FORM CONTRACTORS LIMITED CLAIMS MADE AND REPORTED GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locatiori Of Covered CMarnflnnc A. Section II — Who Is An Insured is amended to 2. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your C. behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or .'property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. It is agreed that the insurance provided for the benefit of the above additional insured(s) shall be primary and non-contributory, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. CGL 1816 0106 Includes copyrighted material of Insurance Services Office, Inc. with its Page 1 of 1 ❑ permission. © 180 Properties, Inc., 2004 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER O f TRANSFER O F RIGHTS IG: ITS !telF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 11 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you per- form work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 . 0 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Any Person/Organization that Requires Waiver by Contract Job Description Specied Work Perfomed by Written Contract This endorsement changes the .policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when thisendorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: 02/18/2012 Policy No. WCP—BC11347-12 Endorsement No. Policy Effective Date: 02/18/2012 to 02/18/2013 Premium$ Insured: Kasa Construction, Inc. FB Carrier Name I Code: Castle Point National Insurance Company Countersigned by :, WC 04 03 06 (Ed. 4-84) Page 1 of 1 CITY OF TO: Agenda Item No. 17 May 22, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Iris, Lee,, Senior Civil Engineer APPROVED: ��. G--lt it TITLE: Irvine Avenue Median Landscape Improvements—Award of Contract No. 5035 ABSTRACT: Staff received favorable construction bids for the Irvine Avenue Median Landscape Improvements Project and is requesting City Council's approval to award the work to KASA Construction; Inc. RECOMMENDATIONS: 1. Select the palm tree species to be installed under this contact — Date Palm, Queen Palm, or King Palm; 2. Approve the project drawings and specifications; 3. Award Contract No. 5035 to KASA Construction, Inc., (KASA) for the total bid price of $308,075.00 and authorize the Mayor and City Clerk to execute the contract; and 4. Establish a contingency of $32,622.23 (approximately 10 percent) to cover the cost of unforeseen work and pay for additional crack repair. 5. Approve Budget Amendment No. 12BA- appropriating $360,000.00 to Account No. 7013-C2002050 (Irvine Avenue Medians) from General Fund operational savings, Account No. 010-3605. Irvine Avenue Median Landscape Improvements — Award of Contract No. 5035 May 22, 2012 Page 2 FUNDING REQUIREMENTS: The Budget Amendment records and appropriates $360,000.00 in increased expenditures. The contract cost will be expensed to the Irvine Avenue Medians account in the Public Works Department, 7013-C2002050. Proposed uses are as follows: Account Description Account Number Amount Irvine Avenue Medians 7013-C2002050 $ 360,000.00 Total: $ 360,000.00 Vendor Purpose Amount KASA Construction, Inc. Construction Contract $ 308,075.00 KASA Construction, Inc. Construction Contingency 32,622.23 Miramar Wholesale Nurseries African Tulip Tree 19,302.77 Procurement by City Total: $ 360,000.00 Anticipated annual maintenance cost: $9,700 Pursuant to the Cooperative Agreement for Irvine Avenue Median Improvements from Westcliff Drive to Dover Drive entered on June 11, 2002 by and between the City of Newport Beach and City of Costa Mesa, the City of Newport Beach is responsible for "extraordinary costs" above and beyond the 50 percent annual maintenance cost of subject medians. Staff is currently in the process of developing a new cooperative agreement with the City of Costa Mesa. DISCUSSION: In September 2011, the City removed the existing trees within the Irvine Avenue landscaped medians from Westcliff Avenue to Dover Drive. Since these medians are owned and maintained by the Cities of Costa Mesa and Newport Beach, staff presented a conceptual reforestation design during a joint session of the Parks Commissions of both cities at the City of Costa Mesa on December 7, 2011, seeking comments and direction. The joint commission decided that the reforestation should include a variety of ground covers and two tree species - the African Tulip Tree (Spathodea campanulata) and a palm tree to be selected by the Newport Beach City Council at the time of construction Irvine Avenue Median Landscape Improvements —Award of Contract No. 5035 May 22, 2012 Page 3 project contract award. With three palm tree varieties to choose from, staff structured the construction bid documents with the Date Palm variety as a part of the base. bid. At 10:00 A.M. on May 2, 2012, the City Clerk opened and read the following bids for this project: BIDDER Low KASA Construction, Inc. 2 STL Landscape, Inc. 3 Green Giant Landscape, Inc. 4 Marina Landscape, Inc. 5 Nobest, Inc. 6 GMC Engineering, Inc. TOTAL BID AMOUNT $308,075.00 $320,029.00 $351,910.00 $355,681.50 $363,671.00 $387,000.70 KASA Construction's total base bid amount is 18 percent less than the Engineer's Estimate of $363,200.00. The lower prices received is most probably the result of the continued competitive construction bidding environment. The City Council, at its option, can substitute the Date Palms included in the base bid with either Queen Palms (Syagrus romanzoffianum) or King Palm (Arch ontophoenix cunninghamiana). The cost of planting Queen Palms in place of the Date Palms will result in a $6,000 reduction in overall project cost. On the contrary, the planting of King Palms instead of Date Palms will increase the overall project cost by $204,000. Given the substantial additional cost to plant the King Palms and the joint commission's desire for more robust palm tree to compliment the proposed landscape, staff recommends City Council to select the "Date" Palm. In addition to the new trees, this Project will also clear, grub, and grade the existing raised medians to accommodate new landscaping and a modified irrigation system; reconstruct select median curbs and gutters; construct concrete paving and maintenance walks along the perimeter of the raised medians for use by the service workers; and modify the existing southbound Irvine Avenue double left -turn pocket to achieve a more efficient configuration. The low bidder, KASA Construction, Inc., possess California State Contractors Licenses Classifications of "A" and "C-27" as required by the project specifications. A check of KASA Construction, Inc., references indicates satisfactory completion of similar projects for the City and other local municipalities. Pursuant to the contract specifications, KASA Construction, Inc. will have 65 consecutive working days to complete the work followed by a 60 -day landscape establishment period and 30 -day landscape maintenance period. Irvine Avenue Median Landscape Improvements — Award of Contract No. 5035 May 22, 2012 Page 4 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15302 (Replacement or reconstruction of an existing facility) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Attachments: A. Location Map B. Tree Photos C. Budget Amendment M K"IMINIVIAM"W" 'Mal- �iTal-MW EE # ƒ } EE , -�. - � n r 3� _, r � __ ���j ;, %r�}� X11 � �, ��i 1i ,; f �� �\.34 � p�i ��� f"' _, A�� Ilk f"' _, A�� I y of Newpott Beach NO. IBA- 12BA-038 2011-12 AMOUNT: $360,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To appropriate $360,000 for palm tree installation project for Irvine Avenue Medians from Surplus Operational Savings. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 010 3605 General Fund - Fund Balance $360,000.00 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Division Number 7013 Street Account Number C2002050 Irvine Avenue Medians Signed: Financial Signed: Signed: Automatic Director Approval: City $360,000.00 G�--7. Date S 1ti % Date City Council Approval: City Clerk Date