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HomeMy WebLinkAboutC-4843 - Bristol Street Landscape ImprovementsCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC August 26, 2015 KASA Construction, Inc. 316 N. Corona Avenue Ontario, CA 91764 Subject: Bristol Street Landscape Improvements — C-4843 Dear KASA Construction, Inc.: On May 27, 2014, 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 June 5, 2014. Reference No. 2014000219654. The Surety for the contract is The Ohio Casualty Insurance Company and the bond number is 024042430. Enclosed is the Faithful Performance Bond. Sincerely, Lei am I. BJon,LMM City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE (2 Originals) City of Newport Beach BRISTOL STREET LANDSCAPE IMPROVEMENTS Contract No. 4843 BOND NO. 024042430 FAITHFUL PERFORMANCE BOND Tice premium charges on this Bond is $5,873.00 being at the rate of $ 20 1st $100k & $12 Balance thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of Catifomia, by motion adopted, awarded to Kasa Construction, Inc. , hereinafter designated as the 'Prindpar, a contract for construction of BRISTOL STREET LANDSCAPE IMPROVEMENTS, Contract No. 4843 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 Beads, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4843 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety-), are held and firmly bound unto the City of Newport Beach, in the sum of ($423,160.00 '1 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 paymant went old truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointy, and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that V the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreeMerits in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept arhd performed at the time and in the manner therein specified, and in all respects accordiry to its trice Intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the some, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 30 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 affed 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 16 day of August 13. Kasa Construction, Inc.B A. -A -Name of Contractor (Principal) Atrih rgnatu itle The Ohio Casualty Insurance Company Name of Surety 62 Maple Avenue, Keene, NH 03431 Address of Surety 866-479-0580 Telephone NOTARY ACKNOWLEDGMENTS OF ATTACHED By. Autharked Agent Signatue Matthew R. Dobyns Print Name and Title 31 AND SURETY MUST BE ACKNOWLEDGMENT •...................a..,.....................................*a&.........a..,.. State of California County of Orange ) ss. On 8/16/2013 before me, Erika Guido Notary Public, personally appeared Matthew R. Dobyns proved to me on the basis of satisfactory evidence to be the person whose nameipitlts�are subscd to the within instrument and a owiedged tom exe the same i r a thorized capacity( ), and that by i AlgnaturesOo on the instrument the person, or the entity upon behalf of which tt p t acted, execbted the instrument. JJX 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. i Si re Erik ido Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language ERIKAGUIDO / COMM. # 2022671 E NOTARY PUBLIC CALIFORNIA 0 3 ORANGE COUNTY N 'I My comm, expires May 5.2017 t OPTIONAL INFORMATION Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification T Credible Witness(es) Capacity of Signer. Trustee x— Power of Attorney _CEO/CFOIC00 _ President / Vice -President / Secretary I Treasurer Other. rlOther information: 32 {Seal? Thumbprint of Signer p chw*twoar no ihwntipilnl of linge*fint ACKNOWLEDGMENT .............................................................................. State of California County of 5Nr�i�0 } ss. On 1 '3 ti before me 11 w°�Y'"` Notary Public, per on fly appeared -btq>.u, 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/hentheir 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 # 1868453 a =m Notary Public • California z /' z' Los Angeles County ; ✓/ My Comm..Ezpires Oct 28, 2013 S' na (seal) ..........a............ads .......... a .... ■........ u......u......a....u...0 OP77ONAL INFORMAT70N Date of Document Type or Tie 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) Capacity of Signer _ Trustee _ Power of Attomey _ CEO I CFO / COO President / Vice -President / Secretary / Treasurer Other. Other Information: 33 Thumbprint of Signer Q Check hero N no Ihaar"dnl orAngerprint Is avaLbie. THIS POWER OF ATTORNEY IS NOT W ')UNLESS IT IS PRINTED ON RED BACKG! 'JND. This Power of Attorney limits the acts of those nameo An, and they have no authority to bind the Company excep, is manner and to the extent herein stated. Certificate No. 6060053 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire& Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Matthew R. Dobyns; Randy Spohn all of the city of Santa Ana state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its ad and deed, any and all undertakings, bonds, moognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authodzed officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March 12013 American Fire and Casualty Company w The Ohio Casualty Insurance Comp a ny m Liberty Mutual Insurance Company West American Insurance Company '13 ai Cy By: C STATE OF WASHINGTON as Gregory VV. Davenport, Assistant Secretary .: COUNTY OF KING mrn On this 29th day of March 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American U y fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, 0.2 M execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. `y > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. 61 !✓LJLL - :+c �^ _ By KD Riley. N Public SO O This Power ofAttomey is made and executed pursuant to and by authority of the following Byaaws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: he r ` ARTICLE IV - OFFICERS - Section 12. Power ofAttorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject Cm to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, O S acknowledge and deliver as surety any and as undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E of powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so w m executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. 9 >� 'cc c ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in wining by the chairman or the president, > der and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf ofthe Company to make, execute, p seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their Z O respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization— By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original powerof attorney of which the foregoing is a full, true and correct copy of the Power ofAttomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16 day of August , P013 0000 l �t� � 4m ��rI �oBy: ..rIc-9971943 David M. Care,Assistant Secretary � AA�b b'� 5� �� i��tii LMS 12873 092012 49 of 160 EE OG C QM Ori 3 to OE L� Hp VO CM O C d O R� >o mC4 ._.. N E00 N M Oo O� 019 H � CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC August 12, 2014 KASA Construction, Inc. 316 N. Corona Avenue Ontario, CA 91764 Subject: Bristol Street Landscape Improvements - C-4843 Dear KASA Construction, Inc.: On May 27, 2014 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 June 5, 2014, Reference No. 2014000219654, The Surety for the bond is The Ohio Casualty Insurance Company and the bond number is 024042430. Enclosed is the Labor & Materials Payment Bond. Sincerely, AAA, k'4VK--� Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 9 Fax: (949) 644-3039 • www.newportbeachca.gov (2 Originals) Premium: Included on Performance Bond. City of Newport Beach BRISTOL STREET LANDSCAPE IMPROVEMENTS Contract No. 4843 BOND NO. 024042430 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Kasa construction, Inc. , hereinafter designated as the "Principal,' a contract for construction of BRISTOL STREET LANDSCAPE IMPROVEMENTS, Contract No. 4843 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 thfs reference. WHEREAS, Principal has executed or is about to execute Contract No. 4843 and the terra thereof require the furnishing of a bond, providing that If Principal or any of Principal's subcontractors, shall fall 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 wil I pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, The Ohio Casualty Insurance Company duly audmized to transact business under the laws of the State of California, as Surety, (referred to herein as °Surety") are hell firmly bound unto the City of Newport Beach, in the sum of (1$423.160.00 1 lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, Implements or machinery used in, upon, for, or about the performanoe of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Pdncipal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fired by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. r The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3101 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 charge, extension of time, afterafions 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, aillmliora or addhions 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 16 day of August 2013. Kasa Construction, Inc. 4Bv - t Name of Contractor {Principal}tho ASjqnz4t4errAJe The Ohio Casualty Insurance Company By: Name of Surety Authorized Agent Signature 62 Maple Avenue, Keene, NH 03431 Address of Surety 866-479-0580 Telephone Matthew R. Dobyns, Attomey-In-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 35 ACKNOWLEDGMENT ...............................r..........Vaasa, ......r..................... r., State of California County of Orange } ss. On 8/16/2013 before me, Erika Guido Notary Public, personally appeared Matthew R. Dobyns proved to me on the basis of satisfactory evidence to be the perso ) whose name i subscribe o the within instrument and a owledged to tha ex ed the same in authorized capacity4(s), and that by hi signatures on the instr 4 the person, or the entity updhlbehalf of which e person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomla that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1 SighStUF4 Erika i o ERIKAGUIDO ` a COMM. # 2022671 3 NOTARY PUBLIC CALIFORNIA 3 ORANGE COUNTY v My comm. expires May 5, 2017 [ T� (seat) u..•••••ro•u.....ru.....urs..au....u.•u•u.•uu.uu.r.....rusur.0 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) Capacity of Signer. Trustee xx Power of Attorney _ CEO I CFD / COO President I Vice -President I Secretary I Treasurer Other. r Information: Thumbprint of Signer p Check here a no uwa>bli;m orf4gerpdnl is evaAable. ACKNOWLEDGMENT ................Y..............1,.,.....................a..t....a.........Y State of Califomia County of SC*vn %if M1* Aw )ss. On 95112, 1 Ci before Public, personally appeared ewA Notary proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. HECTOR ZAVALA Commission # 1868453 Q-m Notary Public - California z z: Las Angeles County My Comm. Expires Oct 28, 2013 S I -•fol! .uu..u..,.u...0■u......u........,.. u..... ua�,.. u.uov. u.. u..e.n OPTIONAL INFORMATION Date of Document Type or Me of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper identification Credible Wpness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO / CFO / COO _ President 1 Vice -President / Secretary / Treasurer Other. Other Information: 37 Thumbprint of Signer ❑ Chad* here r no thumbprint or fingerprint Is evadable. Y C a Y O U m m Yj O 02 m � V) r 22 OC THIS POWER OF ATTORNEY IS NOT. ID UNLESS IT IS PRINTED ON RED BACKF )UND. This Power of Attorney limits the acts of those name_ .4rein, and they have no authority to bind the Company exce, the manner and to the extent herein stated. Certificate No. 6WO52 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmericen Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Matthew R. Dobyns; Randy Spohn all of the city of Santa Ana state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March 12013 Q s ,u Lev _L American Fire and Casualty Company F0 A4P`'...o- gf,. Q`�"^''::�� sqn a`' ji✓�/'�'' e.� r The Ohio Casualty Insurance Company 19ot a J:y Liberty Mutual Insurance Company n West American Insurance Company t n re �a By:"u�Cw.ti STATE OF WASHINGTON as Gregory W. Davenport, Assistant Secretary COUNTY OF KING On this 29th day of March , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written VA-.,P� rva�xc KD Riley , NoIE14 Public oj This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws andAuthoruations of American Fireand Casualty Company, The Ohio CasualtyInsurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS - Section 12. Power ofAttomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman orthe President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings,bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such adomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reoognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and elect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, We and correct copy of the Power of Attorney executed by said Companies, is In full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16 day of August 20J 3 Q¢Q�.,yF�9�� P�'u, N�rp. ��'c *.S�k� tiss r. <�h78 jL ��9,9 in � '4}7 Ir 1931 i� t a LMS _12a13_092012 By: rts David M. Care ; Assistant Secretary 48 of 150 n z a a a c a X L n C A � V I' NLL EE r L Qw Q � NC a; R a. cc m as C t C OC 'O R� mg �M 0� c0 019 A c%rded in Official Records, Orange County -Htrg� Nguyen, Clerk-Recorder RECORDING REQUESTED WAND, o: ILII'III!IIIIIIIIIIIIIIIIIIIIIIII ]IJ 1111111111 11111111 1111NO FEE WHEN RECORDED RETURN TO: *$ R O O Q 6 7 4 4 6 8 6$ 2014000219654 3:10 p m 06/05114 City Clerk ss aos N12 City of Newport Beach C! 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Kasa Construction, Inc. of Ontario, CA, as Contractor, entered into a Contract on August 28, 2013. Said Contract set forth certain improvements, as follows: Bristol Street Landscape Improvements (C-4843) Work on said Contract was completed, and was found to be acceptable on May 27, 2014, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. Public Works Direcfor City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on // U at Newport Beach, California. BY - O� NEWpO City Clerk LSI `'QORNIP OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC May 28, 2014 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following project: • Bristol Street Landscape Improvements (Contract No. 4843) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincer ely, 4. Leilani I. Brown, M City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Kasa Construction, Inc. of Ontario, CA, as Contractor, entered into a Contract on August 28, 2013. Said Contract set forth certain improvements, as follows: Bristol Street Landscape Improvements (C-4843) Work on said Contract was completed, and was found to be acceptable on May 27. 2014, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Company. M Public Works DirecTor City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �/O M a -- d�& City Clerk at Newport Beach, California. CITY OF NEWPORT BEACH City Council Staff Report May 27, 2014 Agenda Item No. 5. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer PHONE: 949-644-3323 TITLE: Bristol Street Landscape Improvements - Completion and Acceptance of Contract No. 4843 (CAP12-0005) ABSTRACT: On August 13, 2013, City Council awarded Bristol Street South Landscape Improvements Contract No. 4843 to KASA Construction, Inc. for a total contract amount of $423,160.00. The required work is now complete and staff requests City Council acceptance and close out of the contract. RECOMMENDATION: a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after this Council acceptance. FUNDING REQUIREMENTS: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount General Fund 7013-C2002064 $ 505,295.89 Total: $ 505,295.89 There is sufficient funding in the City's current landscape maintenance budget to cover landscaping activities for the balance of this fiscal year. Subsequent maintenance cost has been included in the proposed Fiscal Year 2014-2015 budget for Council approval. DISCUSSION: Overall Contract Cost/Time Summary Awarded Final Cost at Contingency Actual % Due to % Due to Contract Amount Completion Allowance Contract Directed Unforeseen Change Change Change $423,160.00 $505,295.89 15% or less 19.41/6 14.8% 4.6% Actual Time Allowed Contract Time (days) 106 -27 Under - or Over + The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $ 423,160.00 Actual cost of bid items constructed: $ 442,483.00 Total change orders: $ 62,812.89 Final contract cost: $ 505,295.89 Pursuant to the Santa Ana Heights Citizen Advisory Panel (CAP) and Neighborhood Revitalization Committee's vision to introduce beautification elements to the area, this contract focused on landscape improvements along the existing southerly Bristol Street unimproved frontage parkway between Jamboree Road and Irvine Avenue. Work included installing water - friendly landscaping, a recycled/reclaimed water irrigation system, and architectural features. The final construction cost was 19.4 percent above the original contract amount. The change orders accounted for removal or relocation of existing roadway signage and installation of irrigation appurtenances, driveway aprons, and additional architectural features. It was brought to staff's attention that the architectural features included in the contract scope did not adequately meet the CAP's intent of tying in the Santa Ana Heights motif onto Bristol Street. As a result, additional stone pilasters and Timbercrete fencing were installed at several key locations along the project at a combined cost of $34,838.10. On May 9, 2014, staff requested approval from the City Manager to increase the original 15 percent contingency allowance to 20 percent to cover this scope enhancement. A summary of the project schedule is as follows: The contract substantial completion date with approved extensions was scheduled to end on March 5, 2014, followed by a 60 calendar day plant establishment and 30 calendar day plant maintenance periods ending on June 3, 2014. Given the early substantial completion, KASA relinquished the site to the City for maintenance on April 28, 2014. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15304(b) (new landscaping with negligible expansion) 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: This 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). ATTACHMENTS: Description Attachment A - Location Map ATTACHMENT A NOT TO F771 - PROJECT L( BRISTOL STREET LANDSCAPEIMPROVEMENTS LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-4843 5/27/14 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 10:00a.m. on the 18th day of July, 2013, at which time such bids shall be opened and read for BRISTOL STREET LANDSCAPE IMPROVEMENTS Title of Project Contract No. 4843 $ 500,000.00 Engineer's Estimate Approved . ire mas1 City Engineer 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" Forfurther information, call Iris Lee, Project Manager at (949) 644-3323 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www,Newport8eachCA.gov CLICK: Online Services /Bidding & Bid Results CitV of Newport Beach BRISTOL STREET LANDSCAPE IMPROVEMENTS Contract No. 484 � 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. 8. 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". 9. 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. A, f (--IQ 6--Z'7 Contractor's License No. & Classification Bidder Authorized Sig ture/Title 13 Date 12 and No. KASCO-351 City of Newport Beach BRISTOL STREET LANDSCAPE IMPROVEMENTS Contract No. 484 I/ 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 BRISTOL STREET LANDSCAPE IMPROVEMENTS, Contract No. 4840 In the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of 'Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an indivichJ81, 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 10 day of July , 2013. Kasa Construction, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 62 Maple Avenue, Keene, NH 03431 Address of Surety 866-479-0580 Telephone By: it C' ey Authorized S natureffitle Authorized Agent Signa re Matthew R. Dobyns, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 ACKNOWLEDGMENT a aaa as as as a aaa aaaa a a a a a owns ■aaa■• sea mom aaa■■a■■aa aaaa an aseam MIN aamamass aaataaaal State of California County of Orange I ss. On 7/10/2013 before me, Erika Guido Public, personally appeared Matthew R. Dobyns Notary proved to me on the basis of satisfactory evidence to be the person whose name - am subscribe to the within instrument and acknowledged to that , e she they exec ted the same In ltier/their authorized capacity(), and that by i;;/t9eritheir signature] on the instrume t the person, or the entity upon behalf of whlch he person{') acted, executed the instrument. ✓� \� under PENALTY OF PERJURY under the laws of the State of California that the I paragraph is true and correct. and �a �� ficial seal. ERIKA GUIDO rr N COMM. # 2022671 P J g ` NOTARY PUBLIC CALIFORNIA o J ORANGE COUNTY N expires May 5, 2017 t Mom *"mom woman amass no oaf aaa*aaaaaaaaa■aaa Mat"uses aaalaaN a Massa a■ alta as as mango Marl OP77ONAL INFORMATION Date of Document Thumbprint of Signer Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification credible Wltness(es) O Check here If Capacity of Signer no thumbprint Trustee w fingerprint Power of Attorney is available. CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: n ACKNOWLEDGMENT ■ • ■ / ■ ■ M ■ r ■ ME." ■ ■ • a son ■ r ■ • ■ 1 ■ ■ ■ ■ -won • l ■ ■ • ■ ■ • ■ ■ ■ ■ Oman ■ • ■ ■ ■ b 1 ■ ■ % ■ ■ ■ ■ ■ ■ u ■ ■ ■ $ ■ ■ ■ got State of Califomia County )SS. On Public, 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/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Date of Document Type or Title of Document Number of Pages In Document Document In a Foreign language ------------- HECTOR ZAVALA • : Commission # 1868453 a "� a®' `' a Angeles Notary Public - California z D Z Los County My Comm. Expires Oct 28, 2013 (seed Mumma a&no Oman a"ammu Y/m mans a 0 am MEN a ■mnso MENmt OPTIONAL INFORMATION Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO _ President / Vice -President / Secretary / Treasurer Other. Other information: 7 Thumbprint of Signer ❑ Check here If no thumbprint or fingerprint Is available. THIS POWER,OF ATTORNEY IS NOT V/ l UNLESS IT IS PRINTED ON RED BACKG! IND. This Dower ofAttorney limits the acts of those names . .sin, and they have no authority to bind the Company except. ne manner and to the extent herein stated. Certificate No. 6060041 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Matthew R. Dobyns; Randy Spohn all of the city of Santa Ana , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March —12013 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company 2c( 190E i cgi ;rit9 #r> >:. j 7J i` -r w. 7991 i =1 WestAmerican Insurance Company By: dIZ' i: 111611111 STATE OF WASHINGTON ss Gregory W. Davenport, Assistant Secretary COUNTY OF KING On this 29th day of March , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. By: KA-) KD Riley, Not Public >,. -P, This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, rewgnizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 10 day of July _ 20 13 q i 793a [ zz4 n }n }li 199i .', v.k is LMS_12873_092012 By: David M.C— arey Assistant Secretary 37 of 150 City of Newport Beach BRISTOL STREET LANDSCAPE IMPROVEMENTS Contract No. 4843 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the 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: 'Foa-4L►`,1� Jci �ottiG/L Address: ZC� W . �1 . A Z� ��. � c; �• �t t �n z 4k Phone: �'Z `3 - 33 it J State License Number: �36t Lt `J Name: Nod 1J �� iZa►n ► v'rJ irp un� i�v1C, Address: C7� �C�lrh 0 1 12-212. �Y'oJ1C;. � I- A, Phone:. � , D7i{S State License Number: Name: Address: Phone: State License Number: Bidder Authorized Signat e/Title 13 City of Newport Beach BRISTOL STREET LANDSCAPE IMPROVEMENTS Contract No. 4843 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name X5,4 Cao �VLI�11 1/1'L 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 b L1ruy�. ��.B!'�i�� �� Vij ,f�L ��n �r�\�C� I y y Project Description Approximate Construction Dates: From 5411 It 'L To: -Z 1-b -7- Agency /Z - Agency Name G41 OX k51_LAaV0' Contact Person keqy al i Aviv Telephone (61L) -79 L791 �255�27`� ' 7 Original Contract Amount $ Final Contract Amount $ -L 21 6 SS- '2 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. ND E No. 2 Project Name/Number��- Project Description t_� ems �ur��- �v�j ✓� Approximate Construction Dates: From... 3b I Z To: G Z1 1,7 - Agency Name V i �y a � D ytA- zkr1_�y Contact Person V &YA we Telephone (qeq) "3 5- d ZZ - Original Contract Amount $_.-7, . Nnal Contract Amount $ -1 bb, 15-6 ` c If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number. �-N����ti�® Project Description 1,9 Co— Approximate o - Approximate Construction Dates: From 10 1 z To: 7 j i 'L 113 Agency Name _ C4 %� G � P& rr 5 Contact Person -/,"4 tier_. Telephone (90) 3 61'0700 2;7941 DOS b 3 Original Contract Amount $ Final Contract Amount $_ Z 1 �yd 9.11 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. 10 No. 4 Project Name/Number 7-10 �� ►yet' Project Description Lei o, I s c��� � �r � '�� � z� �v� �• �:�-� Approximate Construction Dates: From I 1-7 To: It � i (.1 i -2- Agency Agency Name cF � . Contact Person V -are- v' NAa fte✓S Telephone Original Contract Amount $ Final Contract Amount $ ► W 1, °I�'j 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 ,J D No. 5 Project Name/Number —C �w��a _ (�� g��d ���•�� Project Description Approximate Construction Dates: From b Ji .z To: ell z l Z' Agency Name Contact Person(Za ('�o� mac, ;��r ��, Telephone &2L) Original Contract Amount � Final Contract Amount $ TY, 900 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 LL Project Name/Number \r-) a Project Description !`&-t Approximate Construction Dates: From 7._ 1 2- To: /1 7 Agency Name C,, A Contact Person a&J IS of A(Kev/ Telephone (3+o) Z5_3 -X711 70 Original Contract Amount $1E L)5 1'I final Contract Amount $_ _ ] If final amount is different from original, please explain (change orders, extra work, etc.) IJI AA Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly ex0l i and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. \LA:5A ;L3 tt� Bidder Authorized Sig ature/Title 12 Sam Kasbar 16721 Sage Circle. Chino Hills, CA 91709 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 Work History 1996 - 2003, Produce Manager, The Vons Companies, San Pedro, CA 2003 — 2009, Vice President, Mega Way Enterprises, Pomona, CA 2008 — Present, Vice President, KASA Construction Inc., Ontario, CA Education 2003, University of Cal State Long Beach, Long Beach, CA ■ Bachelor of Science - Business Administration ■ 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. City of Newport Beach BRISTOL STREET LANDSCAPE IMPROVEMENTS Contract No. 4843 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of i IW,) liana 1Casb�f being first duly sworn, de oses and says that he or she is `�r :; A-_ - of 10r 5�1 e -c", r�,, Z. .-�.� . 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. Bidder Authorized Signa!/re/Title >n Subscribed and sworn to (or affirmed) before me on this i day of 2013 by , V, y t ►o V3N Via �.-t_ proved to me on the basis of satisfactory evidence to be the person(s) w o 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. J SEAL HECTOR ZAVALA Commission # 1868453 a -�e Notary Public - California D Z d% A Los Angeles County My Comm. Expires Oct 28, 2013 13 -�)3IVIy VUIIIIIIIJJIVII LAr.JIICJ. 1pl�l�_I-V F City of Newport Beach BRISTOL STREET LANDSCAPE IMPROVEMENTS Contract No. 4843 DESIGNATION OF SURETIES Bidder's name V -"A �.c , 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): 1 b 3 3 -e-. vs-{ . 5�; W-8-)5 �.�,, C�4 9-,77.0/ 1 q - 6�7 - 3,kr_5-jj ., Mme, `j).0 1 � b `1 w • .far-I'C�.�� fat e� . V e �a�-�-, � l4 9 �7�� qol - `y, -6r, 5' 14 City of Newport Beach BRISTOL STREET LANDSCAPE IMPROVEMENTS Contract No. 484(3 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name P -15A 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 2012 2011 2010 2009 2008 Total 2013 No. of contracts Total dollar Amount of Contracts (in 4mi w%- 16, 3 �� Thousands of $) No. of fatalities No. of lost Workday Cases 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 V_&SA C©ts}yu��-,b, Business Address: '314-1-J. Colc✓►r, AV.,a , OhA-Pr; 6 _c_A`1 t76 y Business Tel. No.: go9-4,5-7 - 07- bn State Contractor's License No. and Classification: G Z-7.5-yy - 4, )3� �-►�� C 2 Title '1 r�5; d��►-� 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 ATTACHED CALIFORNIAALL-PURPOSE State of California County of San B 1. ernardino On 7/18/2013 before me Hector r Zavala NotaryPublic _... _. re _.._.._ Date He?nsert Name am 7stir of [he. Ofiirer personally appeared Diana Kasbar and Sam Kasbar Names} cf Signens, --------------------------------------------------------------------------------- HECTOR ZAVALA Commission # 1868453 z Notary Public - California z Z ' =%: Los Angeles County D My Comm. Expires Oct 28, 2013 Pla.: Noia?y Sial Ato•,:. 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 grid jifficial seal. Signature the information be ilot% is not required by law, it ,nay prove.. val an:l could; event fraudulent ramoval and re att<2rhment of Description cription sof Attached Document ltle orType of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ST -p -attire Notary Pia.!ic; tcoo pe sons reg yinq on the dorufnent ;Orin to another docurnent. Number of Pages: ................... Signer's Name: __. .................. Signer's Name: _ Individual Individual Corporate, Officer _ Title(s): p` {s 1: ................................... `.:.::: Corporate Officer —Title{s}:--____-- Partner Limited ::::: General ( Partner Limited Genera! Attorney in Fact 10muammorn Attorney to Fact • Trustee T„r; (:J t'UiRii;j ner i Trustee Guardian or Conservator i Guardian or Conservator Other __r. ......... Other. —.._........... ............. .......... ... – _.......... ...... _ . ........ _...... _........... — Signer Is Representing: — _ Signer is Representing .......... I ........ ..... _ g. r111X7 17 z� r:xre��e ra,� r rex MO De S(A) Ave.. PO ri6w 2,102 •chatsm.orth. CA 4i: t., s a 32 ai.m Natior IN Ear,, rxy Re n e5 -07 3i c,r��.f. t,3131r, .7Y3P ts,Xa 8, fi-f8 :' CERTIFICATE OF CORPORATE RESOLUTION Of KASA CONSTRUCTION INC. I, DIANA KASBAR , President of KASA CONSTRUCTION INC., organized and existing under the laws of the State of California and having its principal place of business at _ 316 N. CORONA AVE. ONTARIO CA 91764 , hereby certify that the following is a true copy of a resolution adopted by the Board of Directors of the Corporation at a meeting convened and held on NOVEMBER 09. 2012 at which a quorum was present and voting throughout and that such resolution is now in full force and effect and is in accordance with the provisions of the charter and by-laws of the Corporation. RESOLVED : That the DIRECTORS are hereby authorized and directed to certify to any interested party that this resolution has been duly adopted, is in full force and effect, and is in accordance with the provisions of the charter and by-laws of the Corporation. FURTHER RESOLVED, none at this time. I further certify that this Corporation is duly organized and existing, and has the power to take the action called for by the foregoing resolution. DIRECTORS DIANA KASBAR aC_ c�o� 11-09-12 President Date :.-....�. �,���. - vwv— 11-09-12 ice President I Date """"'�""" - 11-09-12 Secretary Date DIANA KASBAR vdz 11-09-12 Treasurer Date Witness my hand seal of this Corporation on this 9"' day of November , 2012 . City of Newport Beach BRISTOL STREET LANDSCAPE IMPROVEMENTS Contract No. 488 1_$ ACKNOWLEDGEMENT OF ADDENDA Bidder's name 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 BRISTOL STREET LANDSCAPE IMPROVEMENTS Contract No. 484,3 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: KA 56 1_1=4_� Business Address: 3Ay, . aw w D, CA- c((76`-{ Telephone and Fax Number: T±109 yS?-826th - -T:7% qc) q -eZ2 - California State Contractor's License No. and Class: q Z7 3"144 - A 1 13. 7 -0, e_ -r (REQUIRED AT TIME OF AWARD) Original Date Issued: ifl Di Expiration Date: -51I it 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 roposal: Name Title Address Telephone 3i,Ct+I(76Y �05—K.r7-8160 41P, /SO Cr.c" — -711. t l I CdWC._1 C_ Corporation organized under the laws of the State of C`tI,`✓w. ME -76Y 46 -T -q5-7- 8 Z 61 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: b V4 For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. ti v Have you ever failed to complete a project? If so, explain. "v 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 labo. compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes / No 19 Are any claims or actions unresolved or outstanding? Yes / 6 If yes to any of the above, explain. (Attach additional sheets, if necessary) N Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. V -65A C.wsNw-16-an , :1-;',,c_ Bidder (Print name of Owner or President of Corporation/Company) Authorized S' nature/Title Title 7 I I Date On `] i e i before me,_��,,y 2yd �� Notary Public, personally appear ds ton r 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. ESS my hand and official seal. lic in and for said State My Commission Expires: bG13 20 HECTOR ZAVALA Commission # 1868453 Z (SEAL) a : �,� a•' Notary Public - California i :�� z `'' Los Angeles County n My Comm. Expires Oct 28, 2013 City of Newport Beach BRISTOL STREET LANDSCAPE IMPROVEMENTS Contract No. 484 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. N\V 21 BRISTOL STREET SOUTH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4843 THIS CONTRACT FOR PUBLIC WORKS ("Contract') is entered into this 28th day of August, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and KASA Construction, Inc., a California corporation ("Contractor'), whose address is 316 North Corona Avenue, Ontario, California 91764, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: Bristol Street South Landscape Project. The work necessary for the completion of this contract consists of mobilization; traffic control; distributing construction notification; preparing and implementing SWPPP, coordinating with appropriate agencies and districts; removing and disposing of existing landscaping and irrigation material; removing and disposing of existing pavement, debris and any other material to accommodate project; installing landscaping and recycled water irrigation system with appropriate signage; constructing hardscape and architectural improvement; landscape establishment and maintenance, providing as -built drawings, and all other incidental items of work necessary to complete the work in place (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4843, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Four Hundred Twenty Three Thousand One Hundred Sixty Dollars ($423,160.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the Work by City. 4. 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 City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). KASA Construction, Inc. Page 2 5. WRITTEN NOTICE 5.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 5.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Senior Civil Engineer City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 5.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Diana Kasbar KASA Construction, Inc. 316 N. Corona Avenue Ontario, CA 91764 6. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit A, and incorporated herein by reference. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 7.2 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, KASA Construction, Inc. Page 3 obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 7.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 7.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 7.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 7.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 7.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. KASA Construction, Inc. Page 4 8. CHANGE ORDERS 8.1 This Contract may be amended or modified only by mutual written agreement of the parties. 8.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 8.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. 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. 12. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] KASA Construction, Inc. Page 5 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTO NEY'S OFFICE a California municipal corporation Date: Date: By: C�r �c By: Aard'rC'1=6rp Keith D. Curry City Attorney '1) Mayor ATTEST:�'��/3 CONTRACTOR: KASA Construction, Inc., Date: a California corporation Date: $ 1 c Aiana By: ByLeilani I. Brown sb r City Clerk President �LI PO RNI' D� [END OF SIGN/ Attachments: Exhibit A — Insurance Requirements Exhibit B -- Labor and Materials Payment Bond Exhibit C -- Faithful Performance Bond KASA Construction, Inc. Page 6 EXHIBIT A INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an KASA Construction, Inc. Page A-1 insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. D. Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 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 City with a copy of the policy. E. Umbrella or Excess Liability Insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than four million dollars ($4,000,000) that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their KASA Construction, Inc. Page A-2 right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. KASA Construction, Inc. Page A-3 Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to Involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. KASA Construction, Inc. Page A-4 J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. KASA Construction, Inc. Page A-5 THE FINAL PREMIUM IS PRECATED ON THE F NALICONTRACT PRICE (2 Originals) City of Newport Beach BRISTOL STREET LANDSCAPE IMPROVEMENTS Contract No. 4848 BOND NO. 024042430 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $5,878.00 being at the rate of$ 20 Ist $100k & $12 Balance thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, Side of California, by motion adopted, awarded to Kasa Construction, Inc. , hereinafter designated as the Trinetpar, a contract for construction of BRISTOL STREET LANDSCAPE IMPROVEMENTS, Contract No. 4843 in the City of Newport Beach, in strict conformity with the pians, drawings, spacaTications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are Inowpora ted herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4843 and the terms thereof require the furnishing of a Bond for the fatMW performance of the Contract NOW, THEREFORE we, the Principal, and The Ohio Casualty Insurance Company , duly authorized to transact business under the laity of the State of California as Surety (heneMiafter "Stuety"), are hell and firmly band unto the City of Newport Beach, in the sum of ($423,160.00 ) lawful money of Me United States of America, said sum being equal to 100% of the estimated amain of the Contract, to be paid to the Cry of Newport Beach, its suooessors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, job* and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal. or the Prindpat's heirs, executors, administrators, successors, or assigns, fall to abide by, and well and truly keep and perform any or all the work, owmnants, conditions, and agrawastns in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept'+and performed at the tierce and In the manner therein specWed, and In all respet#i socor+dhg to its true Intent and meaning. or fact to Inderrmily, defend, and save harmless the City of Newport Beachs itsofficers, employees and agents, as therein stipuistad, hien„ Surety will faithfialiy perform the same, In an amount not m oseding the sten speed in this Bond; otherwise this obligation shall become null and void. 30 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 ti 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 duty executed by the Principal and Surety above named, on the 16 day of August 13, Kasa Construction, Inc. ay �- Name of Contrador (Principal) Auth ed ggnatur Itle The Ohio Casualty Insurance Company BY _/24 Name of Surety Authorized Agent Signatufe 62 Maple Avenue, Keene, NH 03431 Address of Surety 866-474-0580 Telephone Matthew R. Dobyns Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 31 ACKNOWLEDGMENT State of California County of Orange } sa, On 8/16/2013 before me, Erika Guido Notary Public, personally appeared Matthew R. Dobyns whn proved to me on the basis of satisfactory evidence to be the person whose name iom subscri to the within instrument and nowledged to m that the same i r a thorized capacity(, and that by signaturesOQ On the instrume the person, or the entity upon behalf of which t perso acted, e>rec ted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~'Si re Erik ido } ERIKA,GUIDO COMM. # 2022671 g NOTARY PUBLIC CALIFORNIA o 3 ORANGE COUNTY ro` comm. expires May 5, 2017 l ■,,,,,.r•uuu•r„u,,,u,,,u»u,,,u,,,u„•u,•,,„u,,,,,u„u,,,•„uu 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 W'fnesstes) Capacity of Signer. Trustee - Paver of Attorney _ CEO I CFO I COO _ President I Vkc-President / Secretary I Treasurer Othw. Other information: 32 Thumbprint of Signer p ctbckrwroa m Numbpdnl of Romp” Is waft*. ACKNOWLEDGMENT 6\0000a\ \\\.\\y\M\\M\.\!MI State of Calla ntia ( County of fisc» tW tii� )ss. on�2'u before me, 1 y { Notary Publiccperton fly -biau�. %Cyj A �` 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 helshe/they executed the same in hisfnerAheir authorized capacily(ies), and that by hWher/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. CoHECTOR ZAVALA Commission # 1888453 Notary Public - California z Z; A Z Los Angeles County 7 My Comm. Expires Oct 28. 2013 S na (seat) ■.6666.66.u.....a.110.66610666. 0...00...66868}.666 ■10..6.... u..6...0 OPTIONAL INFORMATION Number of Pages In Document Doeumerd In a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _ Credible Witness(ea) Capacity of -Rotor: _ Trustee Power of Attorney CEO / CFO I COO President / vice -President / Secretary / Treasurer Other. Other Information: - 33 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. Tints Power of Attorney dimple the acts of these named herein, ami they have no authority to bind the Company except in the m armor and to tIe extent iretain statad. Conirware No. Asa American Fire and Casualty Company liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organaed under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Me lthaw R. Dobyns; Randy Spohn aff of the city of. Santa Ana . state of CA each Individually if there be more than one named, Its true and lawful attcvmay-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bands, recogrizances and other surety obligations, in pursuance of these dents and slaul be as binding upon the Companies as if they have been duly signed by the president and attested by the sacretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 2pt�iday of March 12013 > American Fire and Casualty Company The Ohio Casualty Insurance Company a >3 '.414 i� 7912 „�t� 7941 1 Liberty Mutual Insurance Company �w West American Insurance Company fh RV � b By: /L��y�fr��`�}/J �j b w # a STATE OF WASHINGTON ss Gregory . Davenport, Assistant Secretary COUNTY OF KING On this 291h day of March 2013 before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and �1year rfirst above written. � BY. OTA Y KD Riley, NoW4 Public a F � This Power ofAttomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which resolutions are now In full force and effect reading as follows: ARTICLE At- OFFICERS -Section 12. Power of Attorney. Any officer or otherofficiai of the Corporation authorized for that purpose in writing by the Chairman o the President, and subject to such Imitation as the Chairman or the President may prescribe. shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliveras surety any and all undertakings, bonds, recogrizances and other surety obligations. Such attoreays-in-fad, subject to the limitations set forth in their respective powers of attorney, shall have full pow to bind the Corporation by their signature and execution of any such instruments and to attach thereto the sed of the Corporation, When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative oraftorneydn-fact under the provisions of this article may be revoked at any time by the Boant, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII- Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary -to actin behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeye-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attomeys-intact as may be necessary to ad on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authmtzation - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a candied copy of any power of attorney issued by the Company in cornettist with surety bonds, shad be valid and binding upon the Company with the same ince and efred as though marwaky affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original powerof aftomey ofwhich the foregoing is a full, true and coradcopy, of the PowerotAttorneyexscuted by said Companies, is in full force and affect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16 day of August , P113 <� 7906u o v}v ("917 \n` 1)n7�z By: GI David M. Carey, Assistant Secretary < a a m LMS 12873 492412 4901150 (2 Originals) Premium: Included on Performance Bond. City of Newoort Beach BRISTOL. STREET LANDSCAPE IMPROVEMENTS Contuact No. 4843 BOND NO. 024042430 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Kasa Construction, Inc. ; hereinafter designated as the *Principal," a contract for construction of BRISTOL STREET LANDSCAPE IMPROVEMENTS, Contract No. 4843 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 ate incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 4843 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we the undersigned Principal, and. The Ohio Casualty Insurance Company duly authorized to transact Ausiness 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 Q$423, I6a.00 I lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our tars, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Pr10CIpal or the Principal's subcontractors, fad to pay for any materials, provisions, or other supplies, implements or ma hirtery used in, upon, for, or about the performance of the wok contracted to be done, or for any other wank or later thereon of any kind, or for amounts due under the Unemployment Insurance Code with reaped to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wagon of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of the Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. RIO 34 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, alferaftons 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 16 day of August 2013. Kasa Construction, Inc. BY f A V Name of Contractor (Principal) Autho reef Signnaatu y/JjJItte The Ohio Casualty insurance Company By: / ' ;mz�;JG z� Name of Surety Authorized Agent Signature 62 Maple Avenue, Keene, NH 03431 Address of Surety 966-479-0590 TeWicine Matthew R. Dobyns, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SUETY MUST BE ATTACHED 35 ACKNOWLEDGMENT r.....ago .............r......... gas ...... mass .....r......es.... now... 0...... so, State of California County of Orange } ss, On 8/16/2013 before me, Erika Guido Notary Public, personally appeared Matthew R. Dobyns Who proved to me on the basis of satisfactory evidence to be the perso ) whose name i subscribe to the within instrument and a nowledged to the axe d the same in authorized capacity*i), and that by h' signal resod on the instrument the person, or the entity updhtehalf of which e person 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. sighstuR6 Erikai o �r�..,��ERIKAGUIDO Ij N COMM. # 2022671 g 3 NOTARY PUBLIC CALIFORNIA o ORANGE COUNTY It My comm. expires May 5, 2017 r!T (stat) emu ...rue.err..rrerr.. a r.. same,.".....rerr.r ue.Jr.e.0 on..-1err.uereer.eu OPTIONAL rMFORMAnON Date of Document Type or Tide of Document Number of Pages in Document Document In a Foreign Language Type of Satisfactory Evidence: Personalty Known with Paper Identification _ Paper Identification _ r Credible W ltness(es) Capacity of Signer. Trustee xz Parer of Attorney _ CEO ! CFO ! COO President / Vice -President / Secretary / Treasurer Other "tether Wonnation: RN ThumbprintofSigner Q Chft here e no thumbprint orMper MI Is avakabte. ACKNOWLEDGMENT .u.P.I...0 a111Y11•aaa...aa**w*.i..l*r.r.*.w.. w sas.uww a r we, ....*wale, a.....Mai , State of California County of ; cyx (A4 'W } ss. Notary proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Islam subscribed to the within instrument and acknowledged to me that he/shetthey executed the same In his/her/their authorized capacity(les), and that by his/her/their signatures(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 correct. WITNESS my hand and official seal. ----------- HECTOR ZAVALA o Commission # 1888453 Z -a Notary Public - California a Los Angeles County D My Comm, Expires Oct 28, 2013 (cent) se,arwa uwru uuwauuuwe,»rruuaa aau.uaa.rur*ar *sun:rur•».. *.uu• OPTIONAL I04FORMA770N 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) Capacity of Signer. Trustee Power of Attorney CEO ICFO ICOO President I NAce-President 1 Secretary / Treasurer Other. Other information: 37 Thumbprint of Signer ❑ crtaat here N no tkantpriint or Ilkw prtnt is araNaDk. ,THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6060052 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Matthew R. Dobyns; Randy Spohn all of the city of Santa Ana , state of CA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as Its ad and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March 12013 �j, $� tiTY `R�Ufl 9St� //µY(� ;�( 905 �o � aE� �..%� ( 812,,{/a 1993 i�. a w STATE OF WASHINGTON ss COUNTY OF KING American Fire and Casualty Company ti The Ohio Casualty Insurance Company w Liberty Mutual Insurance Company c West American Insurance Company 7 d By. YK C Gregory W. Davenport, Assistant Secretary On this 29th day of March , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. �s sY0 F-�L.J •:� _ry s KD Riley, Notdo Public This Power ofAttomay is made and executed pursuant to and by authority of the following By-laws andAuthorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and WestAmerican Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS - Section 12. Power of Attorney. Any officer or other official ofthe Corporation authorized far that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE x111- Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president. and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attameys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as it signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such adomeys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power ofAttomey executed by said Companies, is in full force and effect and has rat been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 16 day of August 20_1 40 13— (0(0(0(0 "(0tiN By: 4/ , David M. Carey, Assistant Secretary C �0 uy yW EE 0 Q Q M O'e 3� of L ro 00 20 O a z. 2 no > do v �co N e� 00 0 r eu F� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BRISTOL STREET LANDSCAPE IMPROVEMENTS CONTRACT NO. 4843 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. 4843 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 1 4 Lump Sum Lump Sum Mobilization and Demobilization •jill .,L i . _. �. , I • V •- Cents Lump Sum Traffic Control @ wA&r1 Dollars and Cents Lump Sum 3. Lump Sum Clean and Grub Site 7( ollars and Cents Lump Sum $ 2$.0000 $ So 00 PR2of10 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE CI 5 I rA 9 1,500 TON Unclassified Excavation @_ Dollars and Cents $ _ $ 000 Per Ton Lump Sum Cross -Ripping @ Dollars and o Cents $ g��� Lump Sum 872 S.F. Remove Existing A.C. Pavement and Soil @ Dollars and c � Cents $ $ / 0 i Per Square Foot 1,910 S.F. Remove Existing Pavement and Construction 4 -Inch Thick Decomposed Granite Paving @ Dollars and Cents $ $ 9' 5-50 Per Square Foot 3,350 S.F. Remove Existing Pavement and Construction 4 -Inch Thick P.C.C. Paying @ Dollars and Cents $ $ 2 ®, `0 Per Square Foot 467 S.F. Remove Existing 4 -Inch Thick Concrete Paving @ � Dollars and e Cents 7 Pe S Foot PR3of10 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 252 S.F. Construction 4 -Inch Thick Concrete Paving @ Dollars and Cents $ Per Square Foot 11. 11 EA Construct Stone Veneer Pi as ers @ Dolla and Cents $ 12,00 Each 12 191 11111511 $ e2�U 8� 100 L.F. Remove and Construct P.C.C. Type A Curb and Gutter @ Dollars and Cents $ ��® $ Z Olaf)— yz Per Linear Foot 90 L.F. Jack & Bore 2 -Inch Schedule 40 PVC Wire Sleeve @ Dollars and Cents $ _2,0 $ Per Linear Foot 90 L.F. Jack & Bore 6 -Inch Schedule 40 PVC Pipe Sleeves @ Dollars and Cents $ $ Z7 OO Per Linear Foot 410 L.F. Install 1 -Inch Schedule 40 PVC Telemetry Cable Sleeves @ Dollars and Cents $_ Per Linear Foot PR4of10 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16, 615 L.F. Install Telemetry Cable within 1 -Inch Sleeves @— Dollars and �— Cents $ $ �� Per Linear Foot 17. 2 EA Modify Existing Myers Meter Cabinet Dollars and Cents $ ?,Wo Each 18. 1 EA Furnish and Install Irrigation Controller with Pedestal @ Dollars 11 and Cents $ �bD� $ _W00 Each 19. 1 EA Modify Existing Controller @ — Dollars and Cents $ 3 lbo $ 3000 Each 20. 2 EA Furnish and Install 2 -Inch Water Meter @ Dollars and ® Cents $ GNU $ Eo�� Each 21. 2 EA Furnish and Install 2-1/2" Pressure Reducing Valve _ZL@ Dollars and �v0 Cents $ DD® $ 2 Each PR5ot10 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 2 EA Furnish and Install 1-1/2" Master Valve @J,_.Azjj.Kk,Dollars and Cents $ 6-1-0 $ 13,00 Each 23. 2 EA Furnish and Install 1" F ow ensor �X�4�011ars and Cents $5_ 0 $ 3O00 Each 24. 3 EA Furnish and Install 10" Round Irrigation Pull Boxes Dollars and Cents $ $ 9� Each 25. 31 EA Furnish and Install 1" Quick Coupling Valves A,�.4 Dollars and Cents $ 1 S $ _Y—yy Each 26. 2,950 L.F. Furnish and Install 2-1/2" PVC CL 315 Irrigation Mainline 7 _b@ ZI Dollars and 23� 6Ub ® Cents $ $ Per L ni Per Foot 27. 6 EA Furnish and Install 2-1/2" Pall Valves /L.L/Dollars and Cents $ '3w $ lr®0 Each PR6of10 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 24 EA Furnish and Install 1" Remote Control Valves @/,4,!,!,/Dollars and Cents $ 3 oD $ 72,00 C..1 29. 16,530 L.F. Furnish and Install Valve and Common Wires @ Dollars and 6s' '5-0 Cents $ $ lo 7KY O Per L' e r Foot 30. Lump Sum Furni h and Install Irrigatio Heads and Lateral Lines @ Dol rs and Cents $ l71 Lump Sum 31. Lump Sum Furnish and Install all Recycled Water Identification Signage @ ` Dollars and Cents Lump Sum 32. Lump Sum Furnish and )nstall F'nish G ade @444"q—)�e4Doll rs and Cents Lump Sum 33. Lump Sum �v jw , Weed Abatement Program Dollars and Cents Lump Sum $ /SO $ o00 PR7of10 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 34. 5 EA Furnish and Install 36" Bo Lagerstroemia fauriei "Biloxi" (Crape yrtle) @ tars C11 d �- Cents $ ��� $ -375-0 Each 35, 29 EA Furnish and Install 24" Box Lophostemon conferta (Brisbane Box) @ Ilars nd Cents -0 $ _77 Each 36 37 39 610 EA Furnish and Install 5 Gallon Arctostaphylos "Pacific Mist" (Pacific Mist Manzanita) @ Dollars and Cents $ ) $ Each 337 EA Furnish and Install 5 Gallon Acacia redolens "Desert Carpet" (Prostrate Acacia) @ Dollars and Cents $ _ $ ® 33 Each 170 EA Furnish and Install 5 Gallon Caesalpinia gilliesii (Yellow Bird of Paradise) @ Dollars and Cents $ 1 S� $ 2 3—ru Each 1,063 EA Furnish and Install 5 Gallon Carissa macrocarpa "Green Carpet" (Green Carpet Natal Plum) @ Dollars and —'' Cents $ 1 `� $ y� Y� Z Each PR8of10 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE .m 41 42 43 248 EA Furnish and Install 5 Gallon Elaeagnus pungens (Silverberry) @ Dollars and Cents $ Each 56 EA 367 EA $ 7� Furnish and Install 5 Gallon Hemerocallis Hybrid "Sun Twist" (Daylily) @ Dollars and Cents $ _ $ 1®� Each Furnish and Install 5 Gallon Lantana "New Gold" (New Gold Lantana) @ Dollars and 2EachCents $ % $ `� 72— Each 331 EA Furnish and Install 5 Gallon Muhlenbergia capillaris "Regal Mist" (Re al Mist Muhly) @ Dollars �o and Cents $ $ Each 44, 468 EA Furnish and Install 5 Gallon Perovskia atriplicifolia "Blue Spire" (Blue Spire Russian Sage) @ Dollars and 7 620 Cents $ / 1 $ Each �7 PR9of10 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 45. 229 EA Furnish and Install 5 Gallon Salvia clevelandii "Winnifred Gilman" (California Blue Sage) @ Dollars and Cents $ a $ 3q35 - Each 46. 435 EA Furnish and Install 5 Gallon Salvia greggii "Red" (Autumn Sage) @ Dollars and Cents $ I $ 6S— Each 47. 130 EA Furnish and Install 5 Gallon Xylosma congestum "Compacta" (Dwarf Shiney Xylosma) @ Dollars and Cents $ Each 48. Lump Sum Furnish and Install 2" Thick ulch @ Dol ars and �- Cents $ Lump Sum 49. Lump Sum 60 -Day Landscape Est lishment & 30 -Day Landscape Maintenance 8:17LDollars �— and i ® co Cents $ Lump Sum 50. Lump Sum Provide As -Built Plans (a5ars BE Certification if applicable) @ D61 and Cents $ d Lump Sum PR 10 of 10 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS and e,4=0 Cents $ 114- �>, It, IKf Date ?. �Lfi- LA -57-B260 : I Bidder's Telephone and Fax Numbers 11 27S ply - /��T-Iy, C-27 Bidder's License No(s). and Classification(s) Bidder Dollars Total Price (Figures) I L d�� 5 Bidder's Awfhorized Signature and Title Bidder's Address Bidder's email address: —CLSc. 1 1 1 1 2 2 2 2 2 2 3 3 3 3 3 3 3 2 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BRISTOL STREET LANDSCAPE IMPROVEMENTS CONTRACT NO. 4843 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers 2-9.4 Line and Grade 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 6-1.3 Coordination with Other Agency 6-7 TIME OF COMPLETION 6-7.1 General 1 1 1 1 2 2 2 2 2 2 3 3 3 3 3 3 3 2 4 4 4 4 6-7.2 Working Days 5 6-7.4 Working Hours 5 6-9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILITIES 6 7-7 COOPERATION AND COLLATERAL WORK 4 7-8 PROJECT SITE MAINTENANCE 5 7-8.4.3 Storage of Equipment and Materials in Public Streets 6 7-8.6 Water Pollution Control 7 7-8.6.2 Best Management Practices (BMPs) 7 7-8.7.2 Steel Plates 8 7-10 PUBLIC CONVENIENCE AND SAFETY 8 7-10.1 Traffic and Access 8 7-10.3 Street Closures, Detours, Barricades 8 7-10.4 Public Safety 9 7-10.4.1 Safety Orders 9 7-10.5 "No Parking" Signs 9 7-10.6 Notice to Residents and Temp Parking Permits 10 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 18 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 19 201-1 PORTLAND CONCRETE CEMENT 19 201-1.1.2 Concrete Specified by Class 19 201-2 REINFORCEMENT FOR CONCRETE 19 201-2.2.1 Reinforcing Steel 19 203-6 ASPHALT CONCRETE 19 203-6.4 Asphalt Concrete Mixtures 19 203-6.4.3 Composition of Grading 19 SECTION 212 LANDSCAPE AND IRRIGATION MATERAILS 19 212-1 LANDSCAPE MATERIALS 19 212-1.2.6 Soil Amendments 19 PART 3 ---CONSTRUCTION METHODS SECTION 300 EARTHWORK 19 300-1 CLEARING AND GRUBBING 19 300-1.3 Removal and Disposal of Materials 19 300-1.3.1 General 20 300-1.3.2 Requirements 20 300-1.5 Solid Waste Diversion 20 SECTION 302 ROADWAY SURFACING 21 302-5 ASPHALT CONCRETE PAVEMENT 21 302-5.1 General 21 302-5.4 Tack Coat 21 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 21 302-6.6 Curing 21 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 21 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 21 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 21 303-5.1.1 General 21 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 23 400-2 UNTREATED BASE MATERIAL 23 400-2.1 General 23 400-2.1.1 Requirements 23 SECTION 02810 LANDSCAPE IRRIGATION 23 GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM 31 SECTION 02900 LANDSCAPE PLANTING 47 GUARANTEE FOR PLANT MATERIAL 49 SECTION 02970 LANDSCAPE ESTABLISHMENT AND MAINTENANCE 60 SECTION 15151 DOMESTIC AND RECYCLED WATER FACILTIES IDENTIFICATION 66 WALLACE LABORATORIES, LLC SOILS REPORT 70 CITY OF NEWPORT GRADING GENERAL NOTES 73 Last saved by mlocey0712912013 3:57 PM C:\users\pbw\shared\contmcts\mastcm\masten for contract set up\master specs index.doc SP 1 OF 72 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BRISTOL STREET LANDSCAPE IMPROVEMENTS CONTRACT NO. 4843 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6019-S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's 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 following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS i i' i i • l.... TTi'' 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of mobilization; traffic control; distributing construction notification; preparing and implementing SWPPP, coordinating with appropriate agencies and districts; removing and disposing of existing landscaping and irrigation material; removing and disposing of existing pavement, debris, and any other material to accommodate project; installing landscaping and recycled water irrigation system with appropriate signage; constructing hardscape and architectural improvement; landscape establishment and maintenance, providing as -built drawings, and all other incidental items of work necessary to complete the work in place." 2-9 SURVEYING 2-9.1 Permanent Survey Markers. Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the Nwzol .' project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." 2-9.4 Line and Grade. Add to this section: "The City will provide one set of construction staking as required to construct the improvements. Additional stakes or re - staking, and costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. All existing street and property corner monuments are to be preserved. The Contractor will be back -charged for the cost of restoring any survey ties and/or monuments damaged by the Contractor, including the cost of filing the required corner records or record of surveys with the County of Orange." SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(x) 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. R 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." 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, all water and sewer districts/agencies; 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 and traffic control plan has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6.1.3 Coordination with Other Agency. Contractor shall coordinate all work with responsible agencies including, but not limited to: Contractor shall coordinate with Orange County Health Department for all recycled water codes, regulations, and cross -connection rules and codes, and coordinate all permitting and inspections. Contractor shall coordinate with OCWD for permitting, hot -tapping of their water line, and all inspections required. Contractor shall coordinate with Caltrans for landscape and/or encroachment -related items. Contractor shall notify OCWD a minimum of two (2) working days in advance of any work relating to the excavation and hot -tap of OCWD facilities for on-site inspection. 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 70 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 SP5OF72 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 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4m, 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 315t (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." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:00 p.m., Monday through Friday. All work requiring the closure of vehicular travel lane(s) shall take place between 9:00 a.m. and 3:00 p.m. only. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 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 outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 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 SP6OF72 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 and establishment periods 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" 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 of salvaged materials by contacting the Utilities Division, at (949) 718-3011." 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. Additional information can be found at www. c l e a n wa t o rn ew p o rt. co m." 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 on arterial highways 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, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.3 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 a traffic control plans from the City'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 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 7-10.6 Notices to Properties. Ten working days prior to starting work, the Contractor shall deliver a construction notice to properties along Bristol Street between Irvine Avenue/Campus Drive and Jamboree Road, 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 and businesses 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. . 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 valid 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 SP 11 OF 72 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. All lump sum payment items will be paid according to the percentage work completed, as determined by the Engineer. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, providing bonds, insurance and financing, establishing a material and equipment storage location, preparing and implementing BMP Plan, construction surveying, providing submittals, construction schedule, and all required reporting documentations, attending all project coordination meetings, coordinating with all applicable agencies, water districts, health departments, stakeholders and utility companies, obtaining all necessary permits, 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 and turnover items as noted in these Special Provisions. 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 preparing traffic control plans prepared and signed by a California licensed traffic engineer, coordinating traffic control with all applicable agencies, water districts, stakeholders and utility companies, 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, and 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 Requirements. Item No. 3 Clear and Grub Site: Work under this item shall include, but not be 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. Work shall also include the trimming of the existing Eucalyptus trees located on Caltrans Property, removal of all debris resulting from tree trimming and all coordination with Caltrans. Item No. 4 Unclassified Excavation: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing and disposing of SP 12 OF 72 unclassified material, as directed by the Engineer, to accommodate Contract -specified improvements that are not covered under other Contract payment items, coordinating with other agencies and stakeholders for material removals, and all other work items as required to complete the work in place. Quantities to this bid item are subject to adjustment without renegotiation in unit price cost and/or additional compensation. Item No. 5 Cross -Ripping: Work under this item shall include, but not be limited to, the cost of all labor, equipment and material for cross -ripping the project site to a depth of 24 inches with amendments per the attached soils report (dated March 29, 2012), and all other work items as required to complete the work in place. Include pre - leaching in Soils Report area #3 and #4. Amendments shall be rototilled into top 6" of soil after cross -ripping. Item No. 6 Remove Existing A.C. Pavement and Soil: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for sawcutting, excavating, removing and disposing of existing A.C. pavement, base, soil, and any nativelnon-native material to a minimum depth of 30 inches under existing pavement to accommodate new plantings and improvements, importing soil to grade and accommodate new plantings and improvements, and all other work items as required to complete the work in place. Item No. 7 Remove Existing Pavement and Construct 4 -inch Thick Decomposed Granite Paving. Work under this item shall include, but not be limited to the cost of all labor, equipment, and material for sawcutting, excavating, removing and disposing of existing clean/unclean pavement, and existing native/non-native material to accommodate new improvements; grading, compacting, constructing 4 -inch thick Stabilized Decomposed Granite paving, 2 inch x 4 inch redwood headerboard, appurtenances, and all other work items as required to complete the work in place. Item No. 8 Remove Existing Pavement and Construct 4 -Inch Thick P.C.C. Paving: Work under this item shall include, but not be limited to, the cost of all labor, equipment, and material for sawcutting, excavating, removing and disposing of existing pavement, base, soil, and any native/non-native material to accommodate new improvements; grading, compacting, constructing 4 -inch thick P.C.C. paving per City Standard 180-L, appurtenances, and all other work items as required to complete the work in place. Quantities to this bid item are subject to adjustment without renegotiation in unit price cost and/or additional compensation. Item No. 9 Remove Existing 4 -Inch Thick Concrete Paving: Work under this item shall include, but not be limited to the cost of all labor, equipment, and material for sawcutting, excavating, removing and disposing of existing 4 -inch clean/unclean concrete paving and all other work items as required to complete the work in place. SP 13 OF 72 Item No. 10 Construct 4 -Inch Thick Concrete Paving: Work under this item shall include, but not be limited to the cost of all labor, equipment, and materials for the grading, compacting soil to accommodate new improvement, 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. 11 Construct Stone Veneer Pilasters: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for preparing project site to accommodate improvements, compacting subgrade, and constructing stone veneer pilasters, footings, caps, veneer, and all other work items as required to complete the work in place. Item No. 12 Remove and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include, but not be limited to, 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, 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 gutter width at a minimum, or as directed by the Engineer. Location of curb and gutter removals and construction shall be directed by the Engineer during construction. Quantities to this bid item are subject to adjustment without renegotiation in unit price cost and/or additional compensation. Item No. 13 Jack & Bore 2 -Inch Schedule 40 PVC Wire Sleeve: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for excavating bore pits, backfilling, furnishing and installing schedule 40 PVC sleeve material, recycled water identification, intercepting existing conduit, and appurtenances, removing and reconstructing pavement, curb and gutter, sleeves and all other items as required to complete the work in place. Item No. 14 Jack & Bore 6 -Inch Schedule 40 PVC Pipe Sleeve: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for excavating bore pits, backfilling, compacting, furnishing and installing schedule 40 PVC sleeve material, recycled water identification, intercepting existing conduit, and appurtenances, removing and reconstructing pavement, curb and gutter, sleeves and all other items as required to complete the work in place. Item No. 15 Install 1 -Inch Schedule 40 PVC Telemetry Cable Sleeves: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing schedule 40 PVC sleeve material, intercepting existing conduit for telemetry cable from flow sensor to the controller for and all other items as required to complete the work in place. SP 14 OF 72 Item No. 16 Install Telemetry Cable within 1 -Inch Sleeves: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing telemetry cable from flow sensor to controller, and all other items as required to complete the work in place. Item No. 17 Modify Existing Myers Meter Cabinet: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for modifying the existing meter cabinet to provide metered power to the proposed irrigation controller per City of Newport Beach Standard 206-L, including all electrical components, wiring, conduits, and pull boxes to provide electrical service connection to the controller; removing and reconstructing any concrete sidewalk, curb or gutter; backfilling; compacting; disposing of excess excavated materials; coordinating and connecting to SCE service as required, and all other work items as required to complete the work in place. Item No. 18 Furnish and Install Irrigation Controller with Pedestal: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing new pedestal mounted irrigation controller, electrical components, recycled water identification, pedestal base/pad, and appurtenances; connecting to 120 VAC source; disposing of excess materials; and all other work items as required to complete the work in place. Item No. 19 Modify Existing Controller: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for modifying the existing controller to include twelve (12) minimum new wires and common wire, programming, and adjustments to the electrical meter cabinet, as needed. Work includes all electrical components, recycled water identification, all appurtenances, and all other work items as required to complete the work in place. Item No. 20 Furnish and Install 2 -Inch Water Meter: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for coordinating with all required agencies, sawcutting, removing, excavation, boring and/or trenching, bedding, backfilling and compaction, resurfacing, hot -tapping existing OCWD recycled water line per City/OCWD Standards and contract documents, furnishing and installing new 2 -Inch water meter and box, pipe material, recycled water identification, appurtenances, pressure testing, making all necessary connections, and all other work items as required to complete the work in place. The existing service line shall be re- used and protected in place. Item No. 21 Furnish and Install 2-1/2" Pressure Reducing Valve: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 2-1/2" pressure reducing valve, pipe material, valve boxes, recycled water identification, and appurtenances to make connection to irrigation water system, excavating, backfilling, and all other items as required to complete the work in place. Item No. 22 Furnish and Install 1-1/2" Master Valve: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1-1/2" master valve, pipe material, electrical connections, valve boxes, recycled water identification, and appurtenances to make connection to irrigation water system, excavating, backfilling, and all other items as required to complete the work in place. Item No. 23 Furnish and Install 1" Flow Sensor: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1" flow sensor and electrical components, wiring and cabling, electrical connections, conduit, valve boxes, recycled water identification, appurtenances, and all other work items as required to complete the work in place. Item No. 24 Furnish and Install 10" Round Irrigation Pull Boxes: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 10" round pull boxes, electrical connections, recycled water identifications, backfilling, compacting, and all other work items as required to complete the work in place. Item No. 25 Furnish and Install V Quick Coupling Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1" quick coupling valves, pipe material, valve boxes, recycled water identification, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 26 Furnish and Install 2-1/2" PVC CL 315 Irrigation Mainline: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 2-1/2" PVC CL 315 irrigation mainline, pipe material, recycled water identification, appurtenances required to make connections such as tees, laterals, elbows, etc., connections to water mainline, pulling pipe through all sleeves as required, and all other items as required to complete the work in place. Item No. 27 Furnish and Install 2-1/2" Ball Valves: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new ball valves, pipe material, valve boxes, recycled water identification, and appurtenances to make connection to irrigation water system, and all other items as required to complete the work in place. Item No. 28 Furnish and Install 1" Remote Control Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1" remote control valves, electrical connections, pipe material, valve boxes, recycled water identification, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 29 Furnish and Install Valve and Common Wires: Work under this item shall include, but not limited to the cost of labor, equipment and materials for furnishing and installing new valve and common wiring in trenches and sleeves per Contract drawings, and as directed by the Engineer, and all other work items as required to complete the work in place. Item No. 30 Furnish and Install Irrigation Heads and Lateral Lines: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new irrigation heads and lateral lines, pipe material, recycled water identification, and appurtenance such as tees, elbows, etc., and all other items as required to complete the work in place. Item No. 31 Furnish and Install all Recycled Water Identification Signage: Work under this item shall include, but not be limited to, the cost of providing signage, labels, tags, and identification, labor, equipment and materials for Recycled Water Identification Signage, per all applicable codes. Item No. 32 Furnish and 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, delivering, furnishing and installing top soil, shaping and removing irregular Iandforms and erosion damage to meet the finish grade requirements, and present a smooth and properly drained landscape surface, soil amendments, and all other work items as required to complete the work in place as determined by the Engineer. Item No. 33 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. 34 Furnish and Install 36" Box Lagerstroemia fauriei 'Biloxi', (Grape Myrtle),: 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 a 36" Box Lagerstroemia fauriei 'Biloxi', (Crape Myrtle), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 35 Furnish and Install a 24" Box Lophostemon conferta, (Brisbane Box): 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 a 24" Box Lophostemon conferta (Brisbane Box), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 36 Furnish and Install 5 Gallon Arctostaphylos 'Pacific Mist', (Pacific Mist Manzanita): 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 Arctostaphylos 'Pacific Mist', (Pacific Mist Manzanita), soil amendments, providing plant photos, and all other items as required to complete the work in place. SP 17 OF 72 Item No. 37 Furnish and Install 5 Gallon Acacia redolens 'Desert Carpet', (Prostrate Acacia): 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 Acacia redolens 'Desert Carpet' (Prostrate Acacia), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 38 Furnish and Install 5 Gallon Caesalpinia gilliesii, (Yellow Bird of Paradise): 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 Caesalpinia gilliesii (Yellow Bird of Paradise), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 39 Furnish and Install 5 Gallon Carissa macrocarpa 'Green Carpet', (Green Carpet 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', (Green Carpet Natal Plum), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 44 Furnish and Install 5 Gallon Elaeagnus pungens, (Silverberry): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 gallon Elaeagnus pungens, (Silverberry), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No, 41 Furnish and 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. 42 Furnish and Install 5 Gallon Lantana 'New Gold', (New Gold Lantana): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 gallon 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. 43 Furnish and 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. Item No. 44 Furnish and Install 5 Gallon Perovskia atriplicifolia 'Blue Spire', (Blue Spire Russian Sage): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and ' r f J installing 5 gallon Perovskia atriplicifolia 'Blue Spire', (Blue Spire Russian Sage), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 45 Furnish and Install 5 Gallon Salvia clevelandii 'Winnifred Gilman', (California Blue 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 clevelandii 'Winnifred Gilman' (California Blue Sage), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 46 Furnish and 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. 47 Furnish and Install 5 Gallon Xylosma congestum 'Compacta', (Dwarf Shiney Xylosma): 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 Xylosma congestum 'Compacta', (Dwarf Shiney Xylosma), soil amendments, providing plant photos, and all other items as required to complete the work in place. Item No. 48 Furnish and Install 2" 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, appurtenances, and all other items as required to complete the work in place. Item No. 49 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 and all other items necessary to establish and maintain the landscaping for the entire duration of the Landscape Establishment and Maintenance Phase. Item No. 50 Provide As -Built Plans (and DBE Certification if applicable). 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. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 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 epoxy coated Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 203-6 ASPHALT CONCRETE 203-6.4 Asphalt Concrete Mixtures. 203-6-4.3 Composition of Grading: Add this Section: "Asphalt Concrete for the finish course shall be C2 64-10 and B 64-10 for the base course. SECTION 212 --- LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS 212-1.2.6 Soil Amendments. Soil amendments shall analyses and recommendations by Wallace dated March 29, 2012 and Landscape Planti attached to these specifications, or as directed PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials adhere to the soil. Laboratories, LLC, ig Specifications as by the Engineer. 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://newi)ortbeachca.gov/index.aspx?page=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 300-1.32 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% inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion. Non -reinforced clean concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SP 21 OF 72 SECTION 302 ---ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General. Add to this section: "All cracks '% -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot -applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg, no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-Y2 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 -1h 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." 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 --CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." SP 22 OF 72 SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION 308-1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, discing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644-3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. SP 23 OF 72 d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 10 400-2 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 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 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 SP 24 OF 72 protect all persons on the site as set forth by the City. Coordinate with OCWD for hot tap and inspections. Coordination with Orange County Health department for all regulations. C. Quality Assurance and Qualifications 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. 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 English. 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 improvements and shall restore damaged improvements 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. 7. Do not proceed with installation in areas of discrepancy until all such SP 25 OF 72 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. & All irrigation shall be by performed using reclaimed water from Orange County Water District. Contractor shall adhere to all codes and ordinances including cross -connection and signage for this site. E. Site Safetv Erect and maintain any barricades, warning signs, lights and/or guards in addition to those stated on the approved traffic control plans 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. 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 by the Engineer. SP 26 OF 72 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 ManufacturerModel Size(s) 1, Backflow Preventer Feboo 825Y 2" 2. Pop-up Spray Head Toro 5702 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 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 _AWRto] �ri�a 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. 1. Record drawings (As-Builts) 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 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 .1Q" 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. Master valve 5. Flow sensor 6. Ball valves 7. Quick coupling valves 8. Remote control valves 9. Routing of pressure main line piping, (dimension max. 100' along routing) 10. Routing of control and common wire 11. Pull Boxes 12. Electrical wiring and equipment 13. Controllers 14. 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. J. Controller Charts Record drawings (as-builts) shall be evaluated by the Engineer before controller charts are prepared. Provide three (3) controller charts and electronic files 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 W 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. SP 29 OF 72 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 focal 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. 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 SP 30 OF 72 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. Two (2) five-foot valve keys for operation of gate valves (as required). 3. Two (2) keys for each automatic controller. 4. Two (2) quick coupling valve keys. 5. Sprinklers: spray/rotor head bodies — (5) of each type nozzles — (5) of each type The above equipment shall be turned over to the Engineer at the completion of Contract work, before final observation can occur. The above-mentioned equipment shall be turned over to the Engineer at the end of the Maintenance Phase. 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. For Controller/Sensor certification at start-up, contact John Deere, Green Tech at (949) 837-4737. 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 SP 31 OF 72 dented or damaged will be discarded and, if installed, shall be replaced with new pipe. 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: SP 32 OF 72 PART 2 — MATERIALS A. General Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. B. Pressure Supply Pipe Pressure supply line from point of connection through backflow preventer shall be brass or as per local cross -connection codes. Purple PVC Pressure Main Line Pipe and Fittings: 1. Pressure main line piping shall be purple PVC Class 315 for all purple pipe 2" and larger, and Schedule 40 for all purple pipes 1-1/2" and smaller with solvent welded joints. 2. Pipe shall be made from NSF approved Type 1, Grade 1 PVC compound conforming to ASTM resin specification D 1784 or D 2241. All pipe must meet requirements as set forth in Federal Specification PS -21-70 (Solvent -Weld Pipe) and meet requirements of Cell Classification 12454B. This compound shall have a 2,000 -PSI hydrostatic design stress rating. 3. PVC solvent -weld fittings shall be Schedule 80, 1-2, 11-1 NSF approved conforming to ASTM test procedure D 2466. 4. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of the type and installation methods prescribed by the manufacturer. 5. All purple PVC pipe must bear the following markings: Manufacturer's name Nominal pipe size Schedule or Class Pressure rating in PS NSF (National Sanitation Foundation) approval Date of extrusion All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable IPS schedule and NSF seal of approval. Fittings SP 33 OF 72 shall be standard weight Schedule 80, injection molded of PVC fitting compound which meets current ASTM D 1784-69 and requirements described in Cell Classification 13454B. Threads required in plastic fittings shall be injection molded. Tees and ells shall be side gated. Use Rockwell Metal Repair Clamp for all mainline repairs. C. PVC Non -Pressure Lateral Line Pipe Non -pressure buried lateral line pipe shall be purple 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, purple, with molded threads. Assemble threaded fittings using teflon tape applied to male threads only. E. Joint Primer Type as recommended by manufacturer of pipe. F. Joint Cement Solvent type as recommended by manufacturer. G. Brass Pipe and Fittings Where indicated on the drawings, use 85% red brass, Schedule 80 screwed pipe conforming to Federal Specification #WW -P-351 Fittings shall be medium red brass, screwed, 125 pound class conforming to Federal Specification #WW -P-460. Assemble using teflon tape applied to male threads only. H. Ball Valves All ball valves shall be as specified on plan and installed per installation detail on plans. Matco 754 Series Full Port Ball Valve. 1. Flow Sensors Flow sensing equipment shall be EVFM Flow Sensor manufactured by Rainmaster and shall be an insertion type with a non-magnetic, spinning impeller, (paddle wheel) as the only moving part. The sensor sleeve will be brass or Type 316 stainless steel with the impeller and sensor housing being glass -filled PPS. A Pinion bearing shall be inserted through the impeller and the shaft material shall be tungsten carbide. The sensor will be supplied with a 2" NPT adapter for installation into any commercially available weld -on fitting or pipe saddle. The adapter shall have two (2) ethylenepropylene O -rings. The sensor electronics will be potted in an epoxy compound designed for prolonged immersion. Electrical connections shall be two (2) single conductor 18AWG leads eighteen (18) inches long. Insulation shall be direct burial "UF" type, colored red for the positive lead and black for the negative lead. Insertion of the sensor into any pipe size shall be 1-112 inches from the inside wall to the end of the sensor housing. The sensor shall operate in line pressures up to 400 PSI and liquid temperatures up to 22- degrees Fahrenheit, and operate in flows of one (1) foot per second up to thirty (30) feet per second. This flow sensor shall be manufactured by Rainmaster model number as specified on the drawings. J. Quick Coupling Valves Quick coupling valves shall have a brass body designed for working pressure of 150 PSI operable with quick coupler key. Key size and type shall be as shown on plans. Use quick coupling valves with acme threads as indicated below. Hinge cover shall be of heavy duty brass construction with a durable high quality locking purple thermoplastic rubber cover bonded to it in such a manner that it becomes a permanent -type cover. Locate valves within 12 inches of hardscape edge unless otherwise noted on plans. Nelson 42 with 40K key. K. Normally -Closed Master Valves Master valves shall be the size and type as shown on the drawings. Solenoid, if different from that normally supplied, shall be as specified on the drawings. The remote control valve shall be a normally closed, 24VAC-50/60 cycle solenoid actuated globe pattern design capable of having a flow rate specified on the drawings and a pressure loss not to exceed manufacturer's specifications. The valve pressure rating shall not be less than 2,000 PSI, (13.8 bars, metric). The valve body and bonnet shall be constructed of heavy cast brass, diaphragm shall be of nylon reinforced buna-n rubber. All other internal parts shall be made of bronze, brass, and stainless steel to ensure corrosion resistance. The valve shall have both internal and external manual open/close control, (internal and external bleed), for manually opening and closing the valve without electrically energizing the solenoid. The valve shall have internal manual bleed to prevent flooding of the valve box. The valve shall house a fully encapsulated, one-piece solenoid. The solenoid shall have a captured plunger with a removable retainer for easy servicing, and a leverage handle for easy turning. This 24VAC 50/60 Hz solenoid shall open with 19.6 VDC minimum at 200 PSI, (13.8 bars metric). At 24VAC average inrush current, it shall not exceed .41 amps. Average holding current shall not exceed .23 amps. The valve shall have a contamination -proof (CP) self -flushing nylon filter screen located a the valve inlet to filter out debris and prevent clogging of the hydraulic control ports and assure reliable operation. The valve shall have a stainless steel flow control stem and cross handle for regulating or shutting off the flow of water. The valve must open or close in less than one minute at 200 PSI, (13.8 bars metric), and less than 30 seconds at 20 PSI, (1.4 bars metric). The valve construction shall be such as to provide for all internal parts to be removable from the top of the valve without disturbing the valve installation. The controller assembly shall be provided with a Master Valve Power assembly for the purpose of powering the master valve circuit independent of controller operation to pressurize the mainline for supplemental watering. This assembly shall consist of a timing module (with variable timing in thirty minute increments for up to three hours) mounted to the face of the backboard and pre -wired to a terminal interface board. Install Griswold 2000-R Solenoid Valve. L. Electric Remote Control Valves Electric remote 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 .• IM shall have a manual flow adjustment. 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. M. Valve Boxes Gate Valves: Use 10" diameter x 10-114" round boxes, Carson industries #910- 10-4 with purple bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. Electric Control Valves: Use 12"x18°x12" deep rectangular boxes, Carson Industries #1419-12-4 with purple bolt down cover or approved equivalent. Pull Boxes: Pull boxes shall be 10" top diameter, 13" bottom diameter and 10- 114" deep round box with lock bolt cover. Box and box lids shall be purple 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. N. Check Valves Anti -drain valves set in sprinkler risers or pop-up swing joints shall be of heavy- duty virgin UV resistant brown -tone PVC construction with FIP thread inlet and outlet. Internal parts shall be stainless steel with Buna-N seals. Valve shall be preset at 12 feet of head, (5 PSI) and be adjustable up to 32 feet of head, (14 PSI). Anti -drain valve shall be King Bros. Industries, (KBI), "CV" series or approved equivalent. b. High Voltage Wiring Electrical work shall conform to all applicable codes, ordinances and union authorities having jurisdiction. Only qualified electricians shall work with high voltage design, equipment or wiring. All work shall conform to City of Newport Beach codes and ordinances, details and specifications as determined by the Engineer. SP 37 OF 72 P. Irrigation Control Wirinq 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. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible Where more than one wire is placed in a trench, the wiring shall be secured together with vinyl cable ties at intervals of ten (10) feet, and placed under the pipe for protection from shovels. A minimum 36" expansion curl shall be provided within three (3) feet of each wire connection. The expansion curl shall be of sufficient length at each splice connection at each electric control valve so that in case of repairs, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in the trench without stress or stretching of control wire conductors. 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. If more than one route is available for extra wires, refer to plans for number of wires to be pulled to each location. S. Sensor Cable All data communications wire connecting flow sensors to the electronics that are buried below grade shall be enclosed within 1" PVC Schedule 40 conduit, and shall be constructed to direct burial specifications similar to Telecommunications Exchange Cable (REA PE -89). The cable shall be constructed of 20AWG or larger copper conductors twisted into pairs of varying lengths to prevent cross talk. Conductors shall be insulated with polyethylene or propylene with a suggested working voltage of 350 volts. The cable shall feature an aluminum -polyester shield and be finished with a SP 38 OF 72 black high-density polyethylene jacket. The cable should be equivalent to Belden No. 9883 or Anxiter E-000319DFC. It is important that all wire connections be absolutely watertight with no leakage to ground or shorting from one conductor to another. Epoxy type wire connector kits such as 3M Series 3500 Scotch-LOK connector packs or 3M Series 7000 Epoxy Wire Connector Kits shall be used. If one connector is used for both wire connections, the splices shall be staggered to prevent shorting. Install per manufacturer's specifications. T. Automatic Controller The automatic controller shall be a Rainmaster Evolution Irrigation controller and shall be connected to the City's central control system. Contact Scott Kyle and RainMaster at (949) 212-8013 for central control information and coordination. The Engineer prior to installation shall approve final location of automatic controllers. The final hook-up of the automatic controller to the 120 -volt power source shall be the responsibility of the Contractor. The Controller shall be installed within a protective enclosure per drawings. U. Sprinkler Heads and Bubblers 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 and bubblers 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. V. Location Tape Submit a plastic warning/location tape to be used over all mainline, wires, communication cable, conduit, sleeves etc. Do not provide location tape over lateral non -pressure lines. 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. 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 Lavout The irrigation lines as indicated on the drawings are diagrammatic. All piping and equipment shall be installed within the project boundaries, even if shown outside the boundaries on the drawings. Equipment or piping shown outside the boundaries on the drawings is for design clarity only. Install all piping and equipment within planting areas. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. Install all materials and piping to avoid conflict with trees, shrubs, and all underground utility services. Contact the Engineer immediately if obstructions prevent routing as denoted on plans. Lay out irrigation emitters/heads and make any minor adjustments required due to differences between actual site conditions and the drawings. Adjustments shall be maintained within the original design intent and only after receiving approval from the Engineer. Do not exceed the maximum or minimum spacing indicated by the manufacturer. SP 40 OF 72 C. Water Supply 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. Connect to source line per O.C.W.D. and City specifications. D. Electrical Supply An electrical connection for automatic controller shall be made to electrical points of connection as shown on the drawings. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. E. 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 2-1/2" and smaller. Provide 24" cover for pressure supply lines 3" and larger. 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, and telemetry cable for flow sensors. 4. Provide for a minimum of twenty-four (24) inches for all sleeving from finish grades under paving and base. F. 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 per City Standards. 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. G. Trenching and Backfill Under Paving Install all trenching under paving by jacking and boring methods as approved by the Engineer. H. Assemblies 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 per 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. I. 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 SP 42 OF 72 cross -connection details and codes. Parallel lines shall not be installed directly over one another. Recycled water lines shall be located a minimum of ten feet (10') horizontal distance from potable water pipes. Place location tape 12" above all mainline piping, low voltage and high voltage wiring. J. Automatic Controller Install controller per manufacturer's specifications and drawings. Remote control valves shall be connected to controller in numerical sequence as shown on the drawings. K. High voltage wiring for Automatic Controller The Contractor shall provide 120 -volt power connection to the automatic controller. All electrical work shall conform to local codes, ordinances and union authorities having jurisdiction. L. 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. M. Flushing of System 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. N. Sprinkler Heads and Bubblers Install the sprinkler heads and bubblers as designated on the drawings. Sprinkler heads and/or emitters to be installed in this work shall be equivalent in all respects to those itemized on the drawings. c •M Spacing of sprinkler heads and/or bubblers shall not exceed the maximum as indicated on the drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. All heads shall have purple covers to identify them as recycled water heads. The City reserves the right to make temporary repairs as necessary to keep the sprinkler system equipment in operating condition. The exercise of this right by the City shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. P. Field Quality Control The Contractor shall flush clean and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways and buildings as much as possible. 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 also 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. Q. 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. All hydrostatic mainline testing shall be completed prior to the installation of remote control valves, quick couplers, or other valve assemblies. Test all pressure mainline pipes under hydrostatic pressure of 150 PSI and prove watertight. Testing of pressure main line piping shall occur prior to installation of electric control valves or quick coupling valves. All piping under paved areas shall be tested under hydrostatic pressure of 150 PSI and proved water tight, prior to paving. Sustain pressure in tested lines for not less than two (2) hours. If leaks develop, replace joints and repeat test until entire system is proven watertight. All hydrostatic tests shall be made in the presence of the Engineer. No pipe shall be backfilled until it has been observed, tested with all couplings exposed and all pipe sections center loaded, and approved in writing by the Engineer. The Contractor shall furnish the force pump and all other test equipment necessary for the testing of the irrigation system. The Contractor shall make all necessary provisions for thoroughly bleeding the line of air and debris. 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. R. Maintenance The entire sprinkler irrigation system shall be under full automatic operation prior to any planting. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction and Landscape Establishment and Maintenance Phases of work. S. 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 T SP 45 OF 72 conditions. 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. 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. U. 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. Pressure supply line installation and testing 48 hours 3. Automatic controller installation 48 hours 4. Control wire installation 48 hours 5. Lateral line and sprinkler installation 48 hours 6. Coverage test 48 hours 7. Observation to begin Plant Establishment Phase 7 days 8. Observation at end of Plant Establishment Phase 7 days 9. 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 SP 46 OF 72 for proper observation to the satisfaction of the Engineer, the observation may be postponed. END OF SECTION SP 47 OF 72 SECTION 02900 LANDSCAPE PLANTING MBUTA724M'� A. Scope of Work 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 mnnsm��� 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. 2. Contractor shall provide photos of plants prior to delivery and packaging slips at time of delivery. 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 48 OF 72 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 Bristol Street landscape project have been included at the end of the special provisions and contract drawings. 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. SP 49 OF 72 Any materials found to be dead, missing or in poor condition during the Maintenance Period shall be replaced immediately. The Engineer shall be the sole judge as to the condition of the material. GUARANTEE FOR PLANT MATERIAL We hereby guarantee that all plant material we have furnished and installed is free from defects in materials and/or workmanship, and the work has been completed in accordance with the drawings and specifications. We agree to replace any defects in material and/or workmanship which may develop during the 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. We also guarantee to replace any damage resulting from the defects, or the replacing of such defects at no additional cost to the City. Any plant found to be dead or in poor condition due to faulty materials and/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. All repair work shall completed to the satisfaction of the Engineer. In the event of our failure to make such 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. PROJECT: ADDRESS: LOCATION: SIGNED: ACCEPTANCE: SIGNED: PHONE: PART 2 — PRODUCTS A. Organic Material Organic Soil Amendment Suggestions: 1. Humus material shall have an acid-soluable ash content of no less than 6% and no more than 20%. Organic matter shall be at least 50% on a dry weight basis. 2. The pH of the material shall be between 6.0 and 7.5. 3. The salt content shall be less than 10 millimho/cm @ 25 degrees C. on a saturated paste extract. 4. Boron content of the saturated extract shall be less than 1.0 part per million. 5. Silicon content (acid-insoluable ash) shall be less than 50%. 6. Calcium carbonate shall not be present if to be applied on alkaline soils. 7. Types of acceptable products are composts, manures, mushroom composts, straw, alfalfa, peat mosses etc. low in salts, low in heavy metals, free from weed, straw or alfalfa seeds, free of pathogens and other deleterious materials. 8. Composted wood products are conditionally acceptable (stable humus must be present). Wood based products are not acceptable which are based on redwood or cedar. 9. Sludge -based materials are not acceptable. 10. Carbon:nitrogen ratio is less than 25:1. 11. The compost shall be aerobic without malodorous presence of decomposition products. 12. The maximum particle size shall be 0.5 inch, 80% or more shall pass a No. 4 screen for soil amending. Maximum total permissible pollutant concentrations in amendment in parts per million on a dry weight basis: Arsenic 20 Cadmium 15 Chromium 300 Cobalt 50 Copper 150 Lead 200 Mercury 10 Molybdenum 20 Nickel 100 Selenium 50 Silver 10 Vanadium 500 Zinc 300 MMS Soil Amendments Potassium sulfate (0-0-5) Triple superphosphate (0-45-0) Agricultural gypsum Organic soil amendment 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 2. Salinity (ECe dS/m) saturation extract 3. Sodium adsorption ration (SAR) 4. Boron in saturation extract, ppm Texture: Particle SizeUSDA Gravel Coarse sands Silt plus clay E. Plant Material Sieve 6.0-7.6 not to exceed 3.0 not to exceed 6.0 not to exceed 1.0 Size (mm) Objective -%passing 2.0>85% 0.5>75% 0.05 >35% 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 i 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 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, Imine, 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. Provide clear area of 6" from shrub base and 12" from tree base to reduce moisture at the plant/tree base. No earth shall be showing through mulch cover areas. Curbs, walks, or other paving shall be located 1" over the top of the mulch cover. K. Miscellaneous Materials 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 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. SP 54 OF 72 Do not begin planting until irrigation mainline pressure test and irrigation coverage tests are accepted. f Contractor shall remove all gravel debris from the site and install appropriate soil to the acceptance of the Engineer, prior to layout of plant material for location approval. The entire planting area shall be ripped 24" deep on 12" centers and prepared to leave a smooth raked finish prior to plant layout and digging of plant pits. Amendments shall be rototilled into the soil per soil test specifications for General Soil Preparation. C. Final Grades After the foregoing ripping, 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. All areas shall be graded so that the final grades will be 2" 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. D. 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 SP 55 OF 72 regularly by the Contractor. E. Weed Control After establishment of final grades prior to any planting, the Contractor shall irrigate thoroughly for a period of time, two to three weeks, until the weed seeds have germinated. When there is sufficient weed seed germination, the Contractor shall apply a post -emergent contact herbicide according to the directions of the manufacturer, conforming to any and all codes affecting herbicide handling and use. The Contractor shall then wait two (2) weeks to allow the herbicide to dissipate, then repeat application a second time. After waiting an additional two (2) weeks for the herbicide to dissipate, plant as indicated in the plans and specifications. F. Plantina 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. G. Lav -out of Maior Plantings 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 If an underground construction or utility line is encountered in the excavation of planting areas, the Contractor shall properly identify the utility line encountered, protect it in place and notify the Engineer immediately to clarify if the utility line is dangerous. Revised locations for planting may be selected by the Engineer. H. Pits and Trenches 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 1. Shape: Dig vertical sides and flat bottom on all pits and trenches. 2. Size: All plant pits for trees shall be dug a minimum of two to four times the diameter and the depth of the root ball depending on surrounding soil compaction, allowing for the root crown to be a minimum of 2 inches above finish grade. Provide a "soil flare" at the bottom of the pit for the tree to be elevated above the bottom of the pit by 2 inches. Provide a 12 inch diameter auger hole approximately 6 foot deep in each tree plant pit outside the footprint of the root ball to allow for percolation to a less dense soil below. Back fill with amended soil. All plant pits for shrubs shall be dug a minimum or two times the diameter and the exact depth of the root ball, allowing for the root crown to be a minimum of 1 inch above finish grade. 1. Pre -Planting Leaching Pre -leach the planting area within the Soils Test locations #3 and #4 before planting. Lower the SAR to less than 4. Lower salinity to less than 3 millimho/cm. The addition of gypsum will increase the salinity. Apply additional gypsum in soil test locations #3 and #4 and amend per specifications in the soils tests. J. 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. K. 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. 1. Center plant in pit or trench. 2. Face plants with fullest growth into prevailing wind, unless other wise directed by the Engineer 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. 5. Backfill the remainder of the hole 6. After backfilling, an earthen basin shall be constructed around plants as follows: a. Each basin shall be of a depth sufficient to hold at least two (2) inches of water b. One -gallon plants shall have a basin not less than eighteen (18") inches in diameter C. Five -gallon plants shall have a basin not less than twenty-four (24") inches 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. L. IL im SP 58 OF 72 Tree and Shrub Backfill For the preparation on a volume basis, homogeneously blend the following materials into excavated soil with a rototiller. Rates are expressed per cubic yard. Remove clods, rocks, debris, foreign material 1 inch or larger in diameter: Potassium sulfate (0-0-50) 1/2 pound Triple superphosphate (0-45-0) 1/4 pound Agricultural gypsum Organic soil amendment Dispose of Excess Soil 1 pound for soils test locations 1 and 2 2 pounds for soils test location 3 3 pounds for soils test location 4 (trees) 15% by volume, sufficient for 3% to 5% soil organic matter on a dry weight basis. Dispose of unacceptable or unused excess soil off-site in a manner consistent with local codes. 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 all paved areas within the Contract area, leaving the premises in a clean condition throughout the Construction Phase to the satisfaction of the Engineer. O. 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: I.'IZ."tr!Z7."�yi 1. Pre -job conference 7 days 2. Plant material inspection 7 days 3. Plant material layout/approval 7 days 4. Final planted locations 7 days 5. End of Construction punch list 7 days 6. End of Landscape Establishment phase punch list 7 days 7. End of Landscape Maintenance phase Punch list 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 SP 60 OF 72 SECTION 02970 LANDSCAPE ESTABLISHMENT AND MAINTENANCE A. Scope of Work 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. If necessary, the Contractor will be required to attend regular field visits to ensure satisfactory maintenance is provided. All personnel on the project shall be well trained, clean, neat at all times, and be conversant with these specifications. SP 61 OF 72 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: 1. Water only as required to allow penetration into the soil and avoid excess run-off. Once plant material is established, water only as needed to maintain healthy plant material 2. Avoid water waste by setting controllers appropriately for the current season and weather. Views: 1. Avoid blocking the clear view of signs, illumination of light fixtures, the airflow out of vents and conflict with pedestrians and vehicles or their views. 2. Safety of users shall be a prime goal of maintenance especially in regard to trimming of shrubs away from walkways and/or structures where views may be blocked. Replacement: 1. 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: 1. The Contractor's representative shall be experienced in landscape maintenance and shall have received an education in ornamental horticulture. The Contractor shall give his personal supervision to the work or shall have a competent foreman on the job site at all times during progress of the work. 2. The Contractor shall provide and maintain a current list of emergency SP 62 OF 72 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 written 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. The Engineer shall have discretion of extending the Landscape Establishment Phase until all elements are completed to the satisfaction of the Engineer. E. Start of the Landscape 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 written 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. The Engineer shall have discretion of extending the Landscape Maintenance Phase until all elements are completed to the satisfaction of the Engineer. F. Guarantee and Replacement All plant material installed under the Contract shall be guaranteed against any 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 SP 63 OF 72 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 Maintenance Period shall be replaced immediately. The Engineer shall be the sole judge as to the condition of the material. 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. Shrub Care Watering 1. Maintain a large enough water basin around plants in groundcover areas so that enough water can be applied to establish moisture through the major root zone. When hand -watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering. Pruning ;9Wrto] if�a 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. 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" section for root pruning specifications. J. Weed Control Keep basins and areas between plants free of weeds. Use recommended legally approved pre -emergent herbicides and removal by hand methods. Avoid frequent soil cultivation that destroys shall roots. Use mulches to help prevent weed seed germination. Avoid post -emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. K. Insect Control Maintain a reasonable control with approved materials and methods that are legally accepted in the area. L. Disease and Pest Control The Contractor shall be responsible to control all diseases and pests during the Landscape 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. M. Fertilization Fertilize all planting areas with the following materials. For site maintenance, apply ammonium sulfate (21-0-0) at 5 pounds per 1,000 square feet at the end of the 90 day Plant Maintenance Period. Monitor the site with periodic soil and tissue testing. On-going application should be applied quarterly after that. Apply gypsum as needed to balance the sodium and bicarbonate in the irrigation water. SP 65 OF 72 2. Lagerstroemia is intolerant of the presence of limestone and is likely to develop iron chlorosis. Correct iron deficiency if it develops with Becker Underwood Sprint 138 Fe or other FeEDDHA chelated iron. N. 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 adjusted as necessary for 100%, head-to-head coverage. Set and program automatic controllers for seasonal water requirements. Provide moderate soil moisture. Normally irrigate deeply but not frequently. Daily application of water is not as effective as occasional deep cycles. 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 within one 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. SP 66 OF 72 SECTION 15151 DOMESTIC AND RECYCLED WATER FACILITIES IDENTIFICATION PART1-GENERAL A. Description This section describes materials and installation of recycled water facilities identification for pipe, valves, valve boxes, quick couplers, sprinklers and other pipeline appurtenances. All recycled water systems shall be identified as herein described. All non - potable water systems shall be identified as herein described. B. Submittals 1. Submit shop drawings on the following materials: warning tape, tags, and labels. 2. Submit shop drawing on identification sign including size, materials, verbiage, letter sizing, and colors. 3. Submit shop drawings on recycled water quick couplers, and irrigation valve covers. C. Warning Labels and Signs In all cases, the warning labels and signs must be approved by the Engineer prior to installation. Failure to receive prior approval may result in the Contractor removing such sign(s) and providing approved replacements. All costs shall be borne by the Contractor for the replacements. PART 2 - MATERIALS A. Recycled Water Pipe Identification For PVC pipe carrying recycled water: 1. Purple colored pipe marked with the wording "CAUTION: RECYCLED WATER, DO NOT DRINK" on opposite sides of the pipe. 3. All above -grade or piping within vaults that are recycled water pipelines must be appropriately labeled and color -coded purple to differentiate recycled water pipelines from potable. Metallic pipe shall be painted with high gloss enamel. The color shall be purple (Pantone 512). B. Warning Tape (Detectable) All PVC mainline pipelines shall have a detectable warning tape placed in the trench 12 -inches above the pipe. Plastic warning tape (detectable) shall be five-ply composition of ultra-high molecular weight, 100 percent virgin polyethylene or an inert plastic film specifically formulated for prolonged underground use and shall include a metallic substance that can be registered by a magnetic field location device. The minimum thickness shall be 4 mils and the overall width of the tape shall be 3 -inches. Warning tape (detectable) shall be as supplied by T. Christy Enterprises, Thor Enterprises, Inc., Griffolyn Co., Inc., Terra Tape, Division of Reef Industries, or approved equal. The color of the tape shall be in accordance with the above requirements and the Recycled Water Urban Irrigation User's Manual. Recycled Water Pipelines: Purple warning tape (detectable) with black lettering identifying the recycled water pipeline. Lettering shall be a minimum of 1 -inch high letters with the wording: "CAUTION: RECYCLED WATER LINE BURIED BELOW". Christy's Part Number TA-DT-3PRW or approved equal. C. Warning Tags Warning tags shall be an inert plastic film or polyurethane specifically formulated for prolonged exposure. The warning tag shall incorporate an integral attachment neck and reinforced attachment hole. The size of the tag shall be 3" by 4" with a minimum thickness of 10 mils. Warning tags shall be attached with heavy-duty nylon fasteners. Warning tags shall be as supplied by T. Christy Enterprises or approved equal. Recycled Water Identification: Warning tags shall be prepared on a purple field, and shall have the words: "WARNING RECYCLED WATER DO NOT DRINK" and "AVISO AGUA IMPURA NO TOMAR" on one side printed on the field in black letters and a the "Do Not Drink" logo on the back side. Minimum letter height shall be 1 -inch. Christy's Part Number ID-MAX-P2-RC009 or approved equal Warning labels shall be a minimum 3.5 mil flexible vinyl base with a permanent acrylic adhesive backing on a 90# stayflat liner. Both the background and legend are printed with a UV cured vinyl ink. The entire decal shall be clear flood over- printed for superior weathering and UV protection. SP 68 OF 72 The size of the labels (decals) shall be 3.5" by 4.375" for controllers, Warning labels shall be as supplied by T. Christy Enterprises or approved equal. Warning labels for controllers shall be prepared on a purple field, and shall have the words: "Attention Controller Unit for Recycled Water Atencion Unidad Controladora del Agua Recuperada" printed on the field in black letters. Christy's Part Number ID -4100 or approved equal. E. Identification Signs Contractor shall install identification signs at the approximate locations shown on the plans. The signs shall be made of 1/16" thick (minimum) aluminum and its size shall be 18" wide by 24" high. The signs shall have a purple background and white lettering and artwork with rounded corners. The verbiage shall read as shown on Christy's Specialty Sign I.D.SIGN.35 except with the word: "RECLAIMED" CHANGED TO "RECYCLED" or approved equal. Contractor shall submit the sign for review and approval by the Engineer. The exact location of the identification signs will be determined by the Engineer. Post mounted signs shall be mounted on a galvanized steel post or galvanized Uni-Strut post. Post shall be embedded 16 -inches into an 8 -inch diameter, 20 -inch deep concrete footing. Top of sign shall be located at a maximum height of 48 - inches above finished grade. F. Quick Coupline Valves All quick coupling valves on the Potable Water System shall be different than the quick coupling valves on the Recycled Water System. Quick coupling valves shall not be interchangeable between the Potable and Recycled Water Systems. All quick coupling valves on the Potable Water System shall be of like make and model. All quick coupling valves on the Recycling Water System shall be of like make and model. Recycled Water System: Quick coupling valves shall be %-inch or 1 -inch nominal size and of brass construction with a normal working pressure of 150 psi. The covers must be permanently attached and made of purple rubber or vinyl with the words "RECYCLED WATER" imprinted on the cover, and must be provided with a lock. To prevent unauthorized use, the valve should be operated only with a special coupler key with an acme thread for opening and closing the valve. Quick coupling valves shall be Nelson 42 with 40K key or approved equal. All quick coupling valves shall be of a design that prevents the quick coupler key (spike) from being used in potable water quick couplers. Contractor shall verify in the field the existing quick coupler on-site and determine the type to be supplied for each site. SP 69 OF 72 G. Valve/Irrigation Boxes All valve or irrigation boxes shall be identified by these Specifications. This includes all manual valve boxes and electrical control valve boxes. Recycled Water System: All valve boxes (i.e., ball valves, manual control valves, electrical control valves or meter vaults) found on the recycled water irrigation system shall have a purple cover. In addition, the cover shall have a warning label permanently molded into or affixed onto the lid with rivets, bolts, etc. The cover shall have the words: "Recycled Water". Letters shall be a minimum of W high. As an option, the Contractor may use Christy's Model #3800 Recycled Water Valve Box Identification Nameplates or approved equal. The nameplate shall be 5.75' long and 1.25" wide. The nameplate shall be manufactured in purple, in a UV resistant co -polymer plastic. The nameplate shall be attached with two tamper -proof attachment rivets. The wording shall read: "Recycled Water Do Not Drink — No Tomar". Existing concrete valve boxes will require that the exterior be painted purple (Pantone 512) for identification. PART 3 - EXECUTION A. Installation of Warning Tags All potable water and recycled water meters, pressure reducing valves, backflow devices, sprinkler control valves, gate valves, manual control valves, quick coupling valves, electrical control valves, strainers and hose bibs shall be tagged as described below. 1. Method of Attachment: Warning labels shall be firmly attached using heavy-duty nylon fasteners. 2. One warning tag shall be attached to each appurtenance as follows: attach to valve stem directly or with plastic tie wrap; attach to solenoid wire directly or with plastic tie wrap; attach to valve cover with existing valve cover bolt; or attach to the body of the relative appurtenance with a plastic tie -wrap. B. Installation of Warning Labels Warning labels (decals) shall be placed on all controllers, pumping equipment, above ground piping and sprinkler risers. END OF SECTION WALLACE LABORATORIES, LLC 365 Coral Circle El Segundo, CA 90245 phone (310) 615-0116 fax (310) 640-6863 March 29, 2012 Fax 949/250-1801 Harry Kobzeff, harry@tclaine.com TCLA, Inc. 27905 Smyth Drive Valencia, CA 91533 Dear Harry, SP 70 OF 72 RE: Bristol South, Newport Beach Sample I Between Campus and Birch 6" -- The soil has moderately high alkalinity with a pH of 7.98. Salinity is moderate at 1.05 millimho/cm. Phosphorus, potassium, boron and sulfur are low. Nitrogen and the other micronutrients are sufficient. Total available sodium is moderate. SAR (sodium adsorption ratio) is 2.5. Sample 2 Between Birch and Off Ramp 6" — The soil has moderately high alkalinity with a pH of 7.78. Salinity is moderate at 0.89 millimho/cm. Phosphorus and potassium are modest. Boron and sulfur are low. Nitrogen and the other micronutrients are sufficient. Total available sodium is moderate. SAR is 2.4. Sample 3 Between Off Ramp and Jamboree.6" — The soil has moderately high alkalinity with a fill of 7.98. Salinity is moderate at 1.69 millimho/cm. Nitrogen, zinc, copper and magnesium are sufficient. Phosphorus, potassium, iron, manganese and boron are low. Sulfur is modest. Total available sodium is moderately high. SAR is 5.8. Sample 4 Between Off Ramp and Jamboree 12"— The soil has moderately high alkalinity with a pH of 7.96. Salinity is moderately at 3.38 millimho/cm. Chloride is slightly high. Most of the salinity is due to soluble sodium sulfate. Nitrogen, zinc, copper and magnesium are sufficient. Phosphorus, potassium, iron, manganese and boron are low. Sulfur is modest. Total available sodium is high. SAR is 8.6. These samples contain limestone which induces iron deficiency in iron inefficient or acid -loving plants such as Lagerstroemia. Recommendations Plant establishment will not be successful in dense, compacted, crusted soil. Rip the soils at least one foot deep on 12 inch centers. For better growth, rip to 18 or 24 inches. Preparing planting pits twice as wide as the rootballs. If soil compaction is high below the depth of ripping, deep water percolation is likely to be impaired. Holes can be angered one foot wide in the base of each planting pit outside the footprint of the rootball extending into better drained soil_ The depth of angering may need to be 4 to 6 feet deep. The rate of water percolation can be measured as various depths to verify sufficient SP 71 OF 72 percolation. If the number of trees is low, auger holes 20 feet on center if a tree is not within 1.0 feet of an augered, hole. Backfill the auger with amended soil. General soil preparation on a square foot basis. Broadcast the following materials uniformly. The rates are per 1,000 square feet. Incorporate them homogeneously 6 inches deep. Remove clods, rocks, debris, foreign materials large 1 inch in diameter from the top 6 inches: Potassium sulfate (0-0-50) -- 10 pounds Triple superphosphate (0-45-0) — 4 pounds agricultural gypsum - 20 pounds for I and 2, 40 pounds for 3 and 50 pounds for 4 Organic soil amendment - 3 cubic yards, sufficient for 3% to 5% soil organic matter on a dry weight basis For the preparation on a volume basis, homogeneously blend the following materials into excavated soil. Rates are expressed per cubic yard. Remove clods, rocks, debris, foreign materials large I inch in diameter: Potassium sulfate (0-0-50) —1/2 pound Triple superphosphate (045-0) —1/4 pound agricultural gypsum -1 pound for 1 and 2,2 pounds for 3 and 3 pounds for 4 Organic soil amendment - 15% by volume, sufficient for 3% to 5% soil organic matter on. a dry weight basis Organic soil amendment suggestions: 1. Humus material shall have an acid -soluble ash content of no less than 6% and no more than 20%. Organic matter shall be at least 50% on a dry weight basis. 2. The pH of the material shall be between 6 and 7.5. 3. The salt content shall be less than 10 millimho/em @ 25° C. on a saturated paste extract. 4. Boron content of the saturated extract shall be less than 1.0 part per million. 5. Silicon content (acid -insoluble ash) shall be less than 50%, 6. Calcium carbonate shall not be present if to be applied on alkaline soils. 7. Types of acceptable products are composts, manures, mushroom composts, straw, alfalfa, peat mosses etc. low in salts, low in heavy metals, free from weed seeds, free of pathogens and other deleterious materials. 8. Composted wood products are conditionally acceptable [stable humus must be present]. Wood based products are not acceptable which are based on red wood or cedar. 9. Sludge -based materials are not acceptable. 10. Carbon:nftrogen ratio is less than 25:1. 11. The compost shall be aerobic without malodorous presence of decomposition products. 12. The maximum particle size shall be 0.5 inch, 80% or more shall pass a No. 4 screen for soil amending. SP 72 OF 72 Maximum total permissible pollutant concentrations in amendment in parts per million on a dry weight basis: arsenic 20 copper 150 selenium 50 cadmium 15 lead 200 silver 10 chromium 300 mercury 10 vanadium 500 cobalt 50 molybdenum 20 zinc 300 nickel 100 Preleach Sample 3 Between Off Ramp and Jamboree 6" and Sample 4 Between Off Ramp and Jamboree 12" before planting. Sodium disperses soil crumbs and reduces the physical soil properties. It restricts drainage. Drip irrigation is not easily uses for leaching. Temporary spray irrigation can be used to reclaim the soils before planting. Lower the SAR to less than 4. Lower salinity to less than 3 millimho/cm. The addition of gypsum will increase the salinity. Monitor the soil. Apply additional gypsum is required. Lagerstroemia is intolerant of the presence of limestone and is likely to develop iron chlorsis_ Correct iron deficiency if it develops with Becker Underwood Sprint 138 Fe or other FeEDDHA chelated iron. Long-term available iron can be supplied for acid -loving plants with the use of acid pockets to prevent iron chlorosis. Blend one pound of ferrous sulfate, one pound potassium sulfate (0-0-50), one pound ammonium sulfate (21-0-0), two pounds soil sulfur into one gallon of peat moss. Place one cupful of the acid pocket mix blended with one cupful of soil near each 1 -gallon rootball -- two inches away from the rootball 12 inches deep below grade in the planting pit with two inches of unacidified soil separating the rootball from the acid mix. For larger transplants, use two cupfuls of the acid mix for five and fifteen gallons in two spots, two cupfuls of the acid mix in each of four spots for 24 - inch to 48 -inch boxes and four or more cupfuls of the acid mix for 60 -inch and larger boxed transplants in eight spots. Blend an equal volume of soil with the special acid pocket mix. Place one foot below grade in irrigated sites. Place two inches outside the rootball footprint in all cases. For site maintenance, apply ammonium sulfate (21-0-0) at 5 pounds per 1,000 square feet about once per quarter. Monitor the site with periodic soil and tissue testing. Apply gypsum as needed to balance the sodium and bicarbonate in the irrigation water. Provide moderate soil moisture. Normally irrigate deeply but not frequently. Daily application of water is not as effective as occasional deep cycles. Occasional surface irrigation may be needed. Subsurface irrigation will not move surface applied nutrients and gypsum into the soil. Evaluate salinity and sodium at the surface of the wetting zones. Rooting is not expected to extend beyond the wetting front. Sincerely, Gam A. Wallace, Ph. D. GAW:n CERTIFICATE OF LIABILITY INSURANCE Dal 2011 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(les) must be endorsed. H 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 endorsemenk s . PRODUCER N 1ACT Steve Singh__ _ Premier One Insurance Services, Inc PHONE .909-981-6565 PAG 909-981-6585 WC Nall__..,._._—__ 1869 West Foothill Bld eaA�l ac. steve.singh44premierone.com upland CA 91786 INSURED m.. Kass Construction Inc 316 N Corona Ave Golden Eacla Insurance Insurance Ontario CA 92,764 IINSURERF: Cr1UF2AFZrI4 CFDTIFICATF NIIMDFD• RFvBtuTN NiiMRPR. THIS 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 TO WHICH 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. (NSR TYPE OF INSURANCE AOOLU I --—--�—�-- j POLICY EFF POLICY EXP UMITS LTR POULY NUMBER MM /YYYY tYYYY GENERAL LIABILITY CBPIOBI168 01/2212013 EACH OCCURRENCE _ 01/22/2014- DANIA ETORENT S 1r000r000 COMMERCIAL GENERAL LIABiIiTY PREMISES 100,000 CLAIMS-MADEOCCUR MED EXP [AnY ora Y $ 5r000 $ 11000,000 A __. X �: PERSONAL S ADV INJURY GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER'. PRODUCTS PROD" § 1,000,000 POLICY ... PRP JECT F7 LOC $ AUTOMOBILE LIABILITY X557700662 108/03/2013 COMBINED SINGLE LIMIT 08/03/2014 SEs acciEeng.__ .@.............1 '000.000 ANY AUTO BODILY INJURY (PW Pemoe) $ A ALL OWNED �� SCHEDULED $ BODILY INJURY (Per acGtlenp$ AUTOS N.. NEO HIREOAUTO$ AUTOS (PROPERTY DAMAGE Per amdent S ,�-...._. $ L_ UMBRELLA LIAR OCCUR ENX0315824 03/15/201303/15/2014 EACH OCCURRENCE_ 4 000,000 i EXCESS UAS o-AIMS-M_AOE( i AGG[i GA. $ 4,000,000 DED ,10I ftETEwnnN 10,000 $ WORKERS COMPENSATION ANDEMPLOYERs�LIABtLnY YIN IWC IWCP-SCII347-13 !02/18/2013 STATLL OTH- o2/1s/2c14 YSTINUT.S __ ANY PROPRIETORIPARTNER/EXECUTIVE El. EACH ACCIDENT S B omceRIMEMBER EXCLUDED? ❑ N t A! _ _1,000,000 (Manbalory In NH) I EL DISEASE -EA EMPLOYE $ 1 000 000 $ 1.000,000 If yyeee,RIPTIONN OF OdescdOOF00 PERATIONS DESCCelow E.L. DISEASE - POLICY LIMIT I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Amch ACORD tel, Additional Remarks Schedok, it mom space N required) Project- Bristol Street South Landscape Improvements. 30 day notice of cancellation.General Liability waiver of subrogation and Primary Wording per attached GECG970.City of Newport Beach, its elected and appointed officere,agents,official employees and volunteers are listed as additional insured on General Liability policy. City of Newport Beach P O Box 1768 Newport Beach ACORD 25 (2410/05) CA 92658-8915 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 rraici.T.-IKI {fi7 The ACORD name and logo are registered marks of ACORD reserved. NEW BUSINESS Formina a oart of Policy Number: CBP 1081168 Coverage Is Provided In PEERLESS INSURANCE COMPANY - A STOCK COMPANY Named Insured: Agent: KASA CONSTRUCTION INC PREMIER ONE INSURANCE SERVICES Agent Code: 1085048 Agent Phone: (909)-981-6565 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS (continued) FORMS AND ENDORSEMENTS Forms and Endorsements applying to this Coverage Part and made part of this policy: Form Number Description GECG635 -1208 AMENDMENT OF COVERAGE B GECG828 0198 LAND OR SOIL MOVEMENT EXCLUSION �$7° M6lFI Clf IL0270 1104 CA CHANGES - CANCELLATION AND NONRENEWAL Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc. 1982,1983, 1984, 1985, 2000. Date Issued: 01/28/2013 22-19 (12102) INSURED COPY 01/2212013 1081168 NEUSXFSC2801 PODMO60D J06016 GCAFPPN 00013951 Page 91 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL LIABILITY GOLD ENDORSEMENT - CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I — COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.g. 2) is replaced with the following: 2.9. 2) a watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added: 6) An aircraft in which you have no ownership Interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced with the following: Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to promises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance, SECTION I — COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 3. Limits The medical expense limit provided by this policy shall be the greater of: a. $10,000; or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary. The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in "bodily injury" or "property damage"; and b. The "product recall notification expenses" are incurred and reported to us during the policy period. The most we will pay for "product recall notification expenses" during the policy period is $100,000. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B Item b. and d. are replaced with: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of insurance Services Offices Inc., with its permission. GECG 970 {01111) Pogo f of 4112212013 1081168 NEUSXFSO2$01 INSURED COPY PGOM060D J06016 GCAFPPN 00013965 Page 105 SECTION 11— WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured if: a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided; and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION III — LIMITS OF INSURANCE Paragraph 2. is amended to include: The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to you, or occupied by you with the permission of the owner. Paragraph 6. is replaced with the following: 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000 or b. The amount shown in the Declarations. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a. is replaced with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the "occurrence", offense, claim, or "suit". Knowledge of an "occurrence", offense, claim or "suit" by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the "occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the "occurrence", offense, claim or "suit". Item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6. is amended to include: 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 970 (011111) Page 2 of 4 01/22/2013 1081168 NEUSXFSC2801 INSURED COPY PGOM060D J06016 GCAFPPN 00013988 Page 106 Item 8. is replaced with: S. Ttert00 060 n;iTaUs a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written "insured contract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under that written "insured contract" for that person or organization and included in the "products -completed operations hazard". Item 10. and Item 11. are added: 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V — DEFINITIONS The following definitions are added or changed: 9. "Insured contract" a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract". 23. and 24. are added: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Part: A. `" CT A13REENE1%# 1. Paragraph 2. under SECTION 11 — WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization, or b. Premises or facilities owned or used by you. With respect to provision 1.e. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 970 (01111) Page 3 of 01/2212013 1081168 NEUSXFSC2801 INSURED COPY PGDMO60D J06016 GCAFPPN 00013967 Page 107 2. This endorsement provision A. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage" or "personal and advertising injury"; b. To "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) 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; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization specifically designated an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy B.MQ*wI.OWfRM 'f INSURED Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written "construction contract" to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. For the purposes of this endorsement, "construction contract" means a written contract or written agreement other than a premises lease, facilities rental contract or agreement, an equipment rental or lease agreement, or a permit issued by a state, county, municipality or other governmental authority. b. The following is added to paragraph b. Excess Insurance: (3) Except as specified in paragraph a., above, any other insurance in which a party who is an additional insured hereunder is designated as a Named Insured. Regardless of the terms of any written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured. Includes copyrighted material of Insurance services Offices Inc., with Its permission. GECG 970 (01/11) Page 4 of 01122/2013 1081168 NEUSXFSC2801 INSURED COPY PGDMO60D J06016 GCAFPPN 00013968 Page 108 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 8/29/13 Dept./Contact Received From: Vladimir Date Completed: 9/11/13 Sent to: Vladimir By: Chris/Renec Company/Person required to have certificate: Kasa Construction Type of contract: All Others 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 1/22/13-1/22/14 DATE: 8/3/13-8/3/14 A. INSURANCE COMPANY: Golden Eagle Insurance Corp INSURANCE COMPANY: Golden Eagle Insurance Corp B. AM BEST RATING (A-: VII or greater): A:XV AM BEST RATING (A-: Vii or greater) A:XV C. ADMITTED Company (Must be California Admitted): ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000/2 000 000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) include): is it included? (completed Operations status does (What is limits provided?) N/A not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND Haulers only): ® N/A ❑ Yes ❑ No COMPLETED OPERATIONS ENDORSEMENT (completed HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No 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 L 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: 8/3/13-8/3/14 A. INSURANCE COMPANY: Golden Eagle Insurance Corp 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): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 2/18/13-2/18/14 A. INSURANCE COMPANY: Castlepoint National 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 V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 9/11/13 Date ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. 2gW apRr CITY OF � m NEWPORT REACH City Council Staff Report Agenda Item No. 8 August 13, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb(o)newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer 949-644-3323, ilee@newportbeachca.gov APPROVED: a A TITLE: Bristol Street Landscape Improvements — Award of Contract No. 4843 ABSTRACT: Staff received bids for the Bristol Street Landscape Improvements project and is requesting City Council approval to award the contract to KASA Construction, Inc. RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 4843 to KASA Construction, Inc. of Ontario, California, for the total bid price of $423,160.00 and authorize the Mayor and City Clerk to execute the contract. 3. Establish a contingency of $63,475.00 (15 percent) to cover the cost of unforeseen work. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funds for this contract. Account Description Account Number Amount General Fund 7013-C2002064 $ 486,635.00 $ 486,635.00 I of 4 Bristol Street Landscape Improvements — Award of Contract No. 4843 August 13, 2013 Page 2 Proposed uses are as follows Vendor Purpose Amount KASA Construction, Inc. Construction Contract $ 423,160.00 KASA Construction, Inc. Construction Contingency 63,475.00 Total: $ 486,635.00 Staff recommends establishing a 15 percent contingency given the complexity of establishing a reclaimed water irrigation system and coordinating with various utility agency facilities within the project limits. DISCUSSION: The low bidder, KASA Construction, Inc., possesses a California State Contractors License Classification "A" and "C-27" as required by the project specifications. A check of KASA Construction's references indicates satisfactory completion of capital improvement projects in other municipalities. Pursuant to the Santa Ana Heights Citizen Advisory Panel and Neighborhood Revitalization Committee's vision to introduce beautification elements to the area, this contract focuses on landscape improvements along the existing Bristol Street dirt shoulder between Jamboree Road and Irvine Avenue. Work will include preparing the soil; installing landscaping, a recycled water irrigation system, architectural features and a new City gateway monument sign. At 10:00 AM on July 18, 2013, the City Clerk opened and read the following bids for the Bristol Street Landscape Improvements Project: BIDDER Low KASA Construction, Inc. 2 STL Landscape, Inc. 3 C.S. Legacy Construction, Inc. 4 Diversified Landscape Management, Inc. 5 GMC Engineering, Inc. 6 Aramexx Construction TOTAL BID AMOUNT $423,160.00 $430,000.00 $456,368.05* $470,906.41 ** $505,555.00 $594,733.50 * as -read: $451,643.05 **as -read: $470,906.50 Pursuant to the contract specifications, the contractor will have 70 consecutive working days to complete the construction work exclusive of the plant establishment and maintenance period. 2 of Bristol Street Landscape Improvements — Award of Contract No. 4843 August 13, 2013 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15304(b) (new landscaping with negligible expansion) 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). The Notice Inviting Bids for this project was advertised in the City's official publication and in construction industry publications. Submitted by: J.I ...� * Webb rr-.• Public Works Director Attachment: A. Location Map 3 of \4 NOT TO SCALE •-•311 us"I w KOWA 9• Attachment A PROJECT LOCATION BRISTOL STREET LANDSCAPE IMPROVEMENTS LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-4843 1 8/13/13 4 of