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HomeMy WebLinkAboutC-5892 - Back Bay View Park MaintenanceNovember 10, 2016 Kasa Construction, Inc. Attn: Diana Kasbar 15148 Sierra Bonita Lane Chino, CA 91710 Subject:. Back Bay View Park Maintenance - C-5892 Dear Ms. Kasbar: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov On November 10, 2015, 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 November 20, 2015 Reference No. 2015000597507. The Surety for the contract is The Ohio Casualty Insurance Company and the bond number is 609005561. Enclosed is the Faithful. Performance Bond. Sincerely,, �^ Leilani 1. Brown, MMC City Clerk Enclosure TIK r-JUAL PRI201"'pltr IS FINAL GoiMACT PPICE '" In Duplicate «• EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 609005561 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,525.00 being at the rate of $ 2% 1 st $100k & 1.2% Balance thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Kase Construction, Inc. hereinafter designated as the 'Prindpal; a contract for the worts necessary for the completion of this contract consists of clearing and grubbing, grading, hardscape improvements, landscape establishment and maintenance, irrigation improvements, providing as-buiR drawings, and all other incidental items of work necessary to complete the work in place, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which Is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Ten Thousand Four Hundred Dollars and OOMOO ($310,400.00) lawful money of the United States of America, sold sum being equal to 100°% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that N the Principal, or the Principal's heirs, executors, administrators, successors. or assigns, fall to abide by, and well and truly keep and perfornr any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and In all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, In an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and In addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, Including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action In law or equity against Surety to enforce the obligations of this Bond. Kass Construction, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, It is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 20th day of _ Febmary ,2015 Kasa Constmetion, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 62 Maple Avenue, Keene, NH 03431 Address of Surety (858)255-3988 Telephone (2'.� - SI Wi— Authorized AignattirelTitle ,4 Authorized Agent Signa re Matthew R. Dobyns, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Kass Construction, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAH ?Zw w^idz*a 3 W. �1 On 2 - 2 3 .2it before me, «a ya Notary Public personally appeared cunA Y-ASUa 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/shelthey executed the some in his/her/their authorized capacky(ies), and that by hls/her/Eheir signatume(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 cormct, my hand and official seal. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document HECTOR ZAVALA It Cammbsion #i 2046822 Notary Pu06c - California San Bernardino County MW Own. 111M Oct 26, 2017 (Sal) - 6w"11 State of California County of 1 sa On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the pamm(s) whose ra rne(s) Islay# subscribed to the within instrument and admowledged to me that he/she/Ihey executed the same in his/her/their authorized capacltWes), and that by his/lter/Ulelr signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I oer6fy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seat. Signature (seal) Kass Construction, Inc. Page B-3 LMS 128]3_122013 - 52 of 200 THIS POWER OF ATTORNEY IS NOT V' 'O UNLESS IT IS PRINTED ON RED BACKG' 'JND. - This Power of Attorney limb the acts of those nameAn, and they have no authority to bind the Company excep- As manner and to the extent herein stated. - _ Certificate Na. naosa23 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 8 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 acorporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Stale of Indian (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Matthew R. Dobvns- Randy Soohn all of the city of Santa Ana , State of CA each individually if them 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 allundertakings, bonds, moognizahees and other Surety obligations, in pursuance of these presents and shall be as binning 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 31st day of March 2014 _ American Fire and Casualty Company - The Ohio: Casualty Insurance Company to r Liberty Mutual Insurance Company . " as -. . , •,° ` West mericanInsuranceCompanyui y d.. r STATE OF PENNSYLVANIA as - David M. Care , Assistant Secretary C COUNTY OF. MONTGOMERY - to m On this 31 at day of March 2014 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary oCAmeacan Fire and - 10 ~ w as CasualtyCompany, L be Mutual Insurance Company, The Ohio Casualty Insurance Com dYally pang, and West American Insurance Corryaaly, and that he, as such, authorized nd to do, ay. > execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as. a.dully authorized officer. -C. W as d`a m: IN WITNESS WHEREOF,1 have hereunto subscnbedmynams,and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and yearfrsstt above O CL m ®written. .: --� a a-' :'A�C.�F-A/ � _ Ora v Oi s TeresaPastelW,Notary Public_ O S .. .. .•. I. , e .. p E IL as C R This PowerofAttomey is made and execuledipu[SNanfto.and$ypugiordy of the following By-laws and Authorizations ofAmencan Fire and Casualty Company, The Ohio Casualty lnsurace wo Company, Liberty Mutual Insurance Company, air dOVVe"sT 4iren Insurance Company Which resolutions are now, in full force and effect reading as follows: � c a m to ARTICLE IV -OFFICERS -Section 12 PowerofAtlomey Any officer orotherofficalofthe Corporation authoizedforthat purpose in writing by the Chairman or the President, and subject o c. d„ to such limitation as the Chairman or the President may presuitte, shag appoint such attm oeys4n-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal �>+, o It _ acknowledge and deliver as surety any and all undertakings, bonds, reoognizances and other surety obligations. Such aflomeysan-fact, subject to the imitations set forth in their respective y 2E= y powers of attorney, shall have full power to bind the Corporationby their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so -� m C i executed, such instruments shall bass binding as if signed by the.Presidem and attested to bythe Secretary:Any. poweror authority granted to any representafive or attomey4mbd urder > o the provisions of this article may be revoked at any time by the Board, the Charman, the President or by the officer or officers granting such power or authority. et = > ARTICLE XIII - Execution of Contracts- SECTION S. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president 00 m and subject to such limitations as the chairman orthe president may presclibe, shall appoint such shomeys-in-fact as maybe necessaryo actin behagof the Company to make, execute UA co seal, acknowledge and deliver as Surety any and all undertakings, bonds, renognizaces and other surety obligations._. Such attorneys -in -fad subject to the limitations set forth in their E 00 u respective powers of attorney, shag have fullpowerto bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.. When so v o such instruments shah be as binding as lf Signed by the president and aftested by the Secretary. - executed 01? Certificate of Designation - The. President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -m- ~ fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety Authorization - By unanimous consent of the Conpanys 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, Gregory W. Davenport, 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 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 20th day of. Febritary 2k' By: Gregory W. Davenport, Assistant Secretary LMS 128]3_122013 - 52 of 200 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA On —Lj JI juj.7 ul l J before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the persor whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ttiep executed the same in his/+geF/tgs-4 authorized capacity (L*, and that by his/Her/th& signature(s) on the instrument the person(s), or the entity upon behalf of which the persor 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. ERIKAGUIDO WITNESShand and official seal. COMM. # 2022671 � NOTARY PUBLIC CALIFORNIA N ORANGECOUNTY 1 comma :pins May 5.2017 j - � natu f Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: _ NAME OF PERSON(S) OR ENTITY(IES) OF ATTACHED DOCUMENT CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani Brown, CMC January 27, 2016 Kasa Construction, Inc. Attn: Diana Kasbar 15148 Sierra Bonita Lane Chino, CA 91710 Subject: Back Bay View Park Maintenance - C-5892 Dear Kasa Construction, Inc.: On November 10, 2015, 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 November 20, 2015, Reference No. 2015000597507. The Surety for the bond is The Ohio Casualty Insurance Company and the bond number is 609005561. Enclosed is the Labor & Materials Payment Bond. Sincerely, A, 4hw-"' Leilani I. Brown, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 9 www.newportbeachca.gov ** In Duplicate ** EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 609005561 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Kasa Construction, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of clearing and grubbing, grading, hardscape improvements, landscape establishment and maintenance, irrigation improvements, providing as -built drawings, and all other incidental items of work necessary to complete the work In place, In the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which Is Incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and,The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Ten Thousand Four Hundred Dollars and 00/100 ($370,400.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or madNnery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment insurance Code with respect m such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the some, in an amount not exceeding the sum specified in this Bond, and also, in case suit Is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the Stats of Caiifomla. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as Kass Construction, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affed 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 201h day of Febmary . 2015 Kasa Construction, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 62 Maple Avenue, Keene, NH 03431 Address of Surety (858) 255-3988 Telephone Matthew R. Dobym, Attomey-in-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUSTBEATTACHED Kass Construction, Inc. Page A_2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California 1 County�pyf��.,, Barna. ss. N�� � l On =4 ( 3z � , 20 1 � before me, V � .� Notaryt personally appeared �rawa t(asbar 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 hks/her/their authorized cepacity(fes), 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 Instrumen L I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. - - _ - - - - - - - - - - - - - - - - - - my hand and official seal. CrNrmttUW • 2MB22 rotary Pubk • Cattornis Sao Berwillao County ACKNOWLEDGMENT A notary public or other officer completing this certlflCate verifies only the identity of the individual who signed the document to which this oerttiicate is eftedted, and net the truthfulness, wo uracy, or va ity.flf tltat ddm tenL A-LR.NeW �S*�r State of California County of } as On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within Instrument and acknowledged to me that he/sheOtthey executed the same in hieffherAheir authorized capacity(ies), and that by hisfherAheir 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. Signature (seal) Kase Construction, Inc. Page A-3 0 r=: > O Z THIS POWER OF ATTORNEY IS NOT V" 'D UNLESS IT IS PRINTED ON RED BACKG- -UND. This Power of Attorney limits the acts of those name, An, and they have no authority to bind the Company excep As mannerand to the extent herein stated. Certificate No. seoe42o American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company. POWER OF ATTORNEY KNOWMALL PERSONS BY THESE PRESENTS: ThatAmerican 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 Companyes a corporabon duly organized underthe Imus ofthe State of Massachusetts; and West American Insurance Company is a corporation dulyo:ganized underthe laves of the State of Indiana (herein collectively called the "Companiesl,pursuant to and by authority herein set forth, does hereby name, consbtute and appoint, Matthew R Dobvns Randy Soohn all of the city of Santa Ana- , stake of CA - each individually If there be more than one named, its true and lawful atMmey-iMfact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as gs ad and deed, any and all undertakings, bonds, recogniza:ces and other surety obfgations; m 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 thk 31st dayofMatch ,. 2014 American Fire and Casualty Company s' The Ohio Casualty Insurance Company . Liberty Mutual Insurance Company WestAmerican Insurance Company sy: STATE OF PENNSYLVANIA ss David M. Care ;Assistant Secretary. COUNTY OF MDNTGOMERY On thin 31st day of March 2014 , before me personalty appeared David M Carey, who acknowledged himself to be the Assistant Secretary of Amencan-Fee and es Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance 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 empomhans by himself as a.duty authorized officer. C I IN WITNESS WHEREOF, Fhave hereunto subscnpad nynante and affixed my notarial seal at Plymouth Meeting, PennsyNaea, on the day and year first above written. O .. By: 0� Teresa Pastells , Notary Public a �, This Power ofAtlomey is made and execuredpoledartki mdby Monty ofthe following By -lays and AuthonzagonsofAmerican fire and Casualty Company, Tine Ohio Casualty Insurance IL ra Company Liberty Mutual Insurance Company, and�Y&st Amepsenlnsumnce Company which resolutions are now in full force and effect reading: as follows: ..L. ARTICLE N -OFFICERS -Section 12. Power of Atomey.Anyoflserorother official ofthe Corporation authorized forthatpurpose mwaitingirythe Chairman orflre President, and 5ntyect 5 0: to such limitation as the Charman or the President may prescriae, shall appoint such atomeys4n fact, as may be necessary to ad In behalf of the Corporalionto make, execute, seat ; acknowledge and deliver as surety any and all undertakings, bonds. moogrizances and other surety obligations. Such attorneys -in -fact -subject to the limitations, setfoth in their respeckve 4 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 binding if '- >-� as as signed by the President and attested to by the Secretary. Any power or antinomy grated to any representative or atomey-in-fact under Me provisions of this article may be revoked at any three by the Board, the Chairman, the President or by the officer or offroms granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5 Surety Bonds and Undertakings. Any offioerof the Company authorized for that purpose in writing by file chairman or the president, E c and subject to such limitations as the chairman orthe president may prescribe, shag appoint such orelomeys-.in-fad, as mire be necessary to ad in behalf of the Company to make, execute, seal, acknowledge and defiver as surety any and all undertakings, bonds, mixignizances and other surety obligations.. Such altomeysandad subject to the Irrigators set forth in their 'EC respective powers of attorney, shag have fug powerto bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 0 c executed such instruments shall be as binding as If signed by the president and attested by the secretary. - 0 c Certificate of Designation - The President of the Company, sting pursuant to the Bylaws of the Company, authorizes David M. Corey, Assistant Secretary to appoint such aftomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and defiver as surety any and all undertakings, bonds, reoognizanees and other surety obligations. . Authorization - By unanimous oonsent of the Companys Board of Directors, the Company consents that facsinrle or mecimiCakly, 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. L Gregory W. Davenport, 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 Womey of which the foregoing is a full, true and correct copy of die 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 20th day nf_February 2D 15 ' Gregory W. Davenport, Assistant Secretary. LMS_12873_ 122013 49 of 200 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of O N E On before me, ERIKA GUIDO. NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name( is/are subscribed to the within instrument and acknowledged to me that he/she/#key executed the same in his/heF/#& authorized capacity (ies), and that by hisfiver/their signature(') on the instrument the person('), or the entity upon behalf of which the 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. ERIICAGUIDO WITNESShand and official seal. COMM. # 2022671 g NOTARY PUBLIC CALIFORNIA $ ORANGE COUNTY ro My comm. expires May 5. ?017 jtI ature otary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED _ ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: _ NAME OF PERSON(S) OR ENTITY(IES) r^ �y RECORDING REQUESTED BY AND Recorded in Official Records, Orange County WHEN RECORDE jTQ Hugh Nguyen, Clerk-Recorder l 50 Illi ��l l II II��II�I!!��I ��I'�III Il�il�l VIII '�I ill NO FEE City Clerk *$ R o Q o 7 9 7 7 7 4 b$ City of Newport Beach - 2015000597507 8:08 am 11/20/15 100 Civic Center Dri4e- e2 411 N12 1 Newport Beach, CA 92660 H 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and KASA Construction, Inc. of Chino, California, as Contractor, entered into a Contract on February 11, 2015. Said Contract set forth certain improvements, as follows: Back Bay View Park Maintenance - C-5892 Work on said Contract was completed, and was found to be acceptable on November 10, 2015 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. _ Zd-� Pu c 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 VY �� , at Newport Beach, California. CITY OF NEWPORT BEACH CITY CLERK'S OFFICE Leilani Brown, MMC November 12, 2015 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Back Bay View Park Maintenance - Contract No. 5892 • Multiple Building Painting Project - Contract No. 6013 Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincer ly, Leilani I. Brown, MMC City Clerk Enclosures 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachea.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 Govemment 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 Chino, California, as Contractor, entered into a Contract on February 11, 2015. Said Contract set forth certain improvements, as follows: Back Bay View Park. Maintenance - C-5892 Work on said Contract was completed, and was found to be acceptable on November 10. 2015 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. AM PuVrc 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 at Newport Beach, California. M City ler ' CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 until 9:00 AM on the 3rd day of December, 2014, at which time such bids shall be opened and read for BACK BAY VIEW PARK MAINTENANCE Contract No. 5892 $175,500.00 Engineer's Estimate Approved by Mark Vukojevic 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 Classiflcation(s) required for this project: "A and C-27" For further information, call Patrick Arciniega, Project Manager at(949)644-3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htto://www. N ewuort Beach CA.gov CLICK: Online Services / Bidding & Bid Results BACK BAY VIEW PARK MAINTENANCE Contract No. 5892 TABLE OF CONTENTS NOTICEINVITING BIDS..........................................................................................Cover INSTRUCTIONS TO BIDDERS...................................................................................... 3 BIDDER'S BOND............................................................................................................5 DESIGNATION OF SUBCONTRACTOR(S)................................................................... 8 TECHNICAL ABILITY AND EXPERIENCE REFERENCES............................................9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD....................................................15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 17 INFORMATION REQUIRED OF BIDDER. ...................................... ................ ............ 18 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT.................................................................................................................. 22 INSURANCE REQUIREMENTS ..... .............. ........................................................A-1 LABOR AND MATERIALS PAYMENT BOND ... .............. ...................................... B-1 FAITHFUL PERFORMANCE BOND.................................................................... C-1 PROPOSAL.............................................................................................................. PR -1 SPECIAL PROVISIONS..... . ........... ...... ........... - ................................ __ ............ ..... SP -1 2 City of Newport Beach BACK BAY VIEW PARK MAINTENANCE Contract No. 5892 INSTRUCTIONS TO BIDDERS 1. 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. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. q�,Ic�L� L� A, E. LID, cu Contractor's License No. & Classific6tion n - t- M Date 0 Bond No.: KASCO-466 City of Newport Beach BACK BAY VIEW PARK MAINTENANCE Contract No. 5892 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of the Total Amount of the Bid Dollars ($ 10% of the Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BACK BAY VIEW PARK MAINTENANCE, Contract No. 6892 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal falls to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the dale of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from is obligations under this Bond. Witness our hands this 26 day of November , 2014. Kasa Construction, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 15338 Central Avenue, Suite 106 Chino, CA 91710 Address of Surety (909)203-7939 Telephone Autho i Signator itle Authorized Agent Signator Matthew R. Dobyns, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Prinelpal 8c Surety must be attached) 5 ACKNOWLEDGMENT son ■■■/■■■■■■■■■■■■■■■r■man ■■■•■■•■■■r■■■■r■rrr■■■■■r■r■■■■r■■■�■■■■r■■r■■■r■ State of California County of orange } ss. On November 26, 2014 before me, Erika Guido Notary Public, personally appeared _ Matthew R. Dobyns WN proved to me on the basis of satisfactory evidence to be the person whose name re subscri {o the within instrument and cknowledged to ,that a he/they ex the same in is/heNt#teir"py�thorized capacity ), and that byElie s/her�t e'K ignatures ) on the instrumen the personQe;), or the entity upon ehalf of which personacted, euted the instrument. ���� CCC I certify under PENALTY OF PERJURY fore oing paragraph is true and correct. WZhlE t5 ha �d official seal. Sign'AtUre Erika)Qtjido under the laws of the State of California that the ■■r■■■r u■r■■■■r■■r■r■rrr■r■■■■r■■■■■■■■■■■■rrrrrr■rr■r■r•■rrrrrrrrrrrrrrrrr• OP710NAL INFORMATION Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer heprCapacity of Signer. no finrrebint Trustee or fingerprint XXX Power of Attorney is evalable. CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other. Other Information'. 0 ERIKAGUIDO�� COMM. # 2022671 g NOTARY PUBLIC CALIFORNIA n ORANGE COUNTY ^' jl_ __� Imo►' My comes May 5, 2017 t ■■r■■■r u■r■■■■r■■r■r■rrr■r■■■■r■■■■■■■■■■■■rrrrrr■rr■r■r•■rrrrrrrrrrrrrrrrr• OP710NAL INFORMATION Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Thumbprint of Signer heprCapacity of Signer. no finrrebint Trustee or fingerprint XXX Power of Attorney is evalable. CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other. Other Information'. 0 ACKNOWLEDGMENT a • . • . ■ a a ■ ■ ■ ■ ■ ■ a • ■ ■ a a ■ a a a ■ • ■ a . a • a ■ a ■ a ■ a ■ ■ a ■ ■ ■ a ■ ■ a ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ • ■ • ■ • ■ ■ State of California County of Sart �r"�rv� tnO } ss. On V S 11'A before me, w6 r -2 ek'Va`d= -,Notary Public, personally appeared _ -V-) 1Las r 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/sheAhey 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 foregoinq paragraph is true and correct. WITNESS my hand and official seal. HECTOR tAVALA Commission 0 2046822 9San Notary Public • California Bernardino County M Comm. Ex ires Oct 28, 2017 (seal) ■■■■r■a■■■■■■•■■r■a■aa■■■a■aa•■■■aa■.aaara■■roar■ra■aar■a•■rr■aaaaaa■ra■aaa■ OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer. Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other. Other Information: 7 Thumbprint of Signer ❑ Chad here If no thumbprint Of fingerprint Is available. THIS POWER OF ATTORNEY IS NOT V` ID UNLESS IT IS PRINTED ON RED BACKG- -UND. This Power of Attorney limits the acts of those name am, and they have no authority to bind the Company excej 1e manner and to the extent herein stated. Certificate No. 6506458 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 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 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 31st day of March 2014 American Fire and Casualty Company The Ohio Casualty Insurance Company N Liberty Mutual Insurance Company tv West American Insurance Company c �N By: STATE OF PENNSYLVANIA ss David M. Carey Assistant Secretary C COUNTY OF MONTGOMERY On this 31st day of March 2014 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, �,W execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C IN WITNESS WHEREOF, -1 have hereunto subscribed4m affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O Q. Q co By: jU/�.G% o Teresa Pastella , Notary Public y 3 f _ This Power ofAttomey is made and executed putsuant to and by authority of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casualty Insurance 3� CL Company, Liberty Mutual Insurance Company, and1filest American Insurance Company which resolutions are now in full force and effect reading as follows: - .0 p t 0 .._ ARTICLE IV - OFFICERS- Section 12. Power ofAttomey. Any officer or other official of the Corporation authorized forthat purpose in writing by the Chairman orthe President, and subject of O 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, w acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective 'a 3: 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 = d 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 > c 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. (D d. 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, r N 00 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, L M seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their r- o0 respective powers of attorney, shall have full powerto bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v 0 executed such instruments shall be as binding as if signed by the president and attested by the secretary C m Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- ~ 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, Gregory W. Davenport, the undersigned, Assistant Secretary, ofAmerican 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 not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this L.MS_12873_122013 26 dayof November 2014 By: Gregory W. Davenport, Assistant Secretary 87 of 200 City of Newport Beach BACK BAY VIEW PARK MAINTENANCE Contract No. 5892 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: Address: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address C ••- • -• •lbreffitle- City of Newport Beach BACK BAY VIEW PARK MAINTENANCE Contract No. 5892 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld 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 Number Description of Work of Total Bid Name: Address: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address: Name: Address: Phone: State License Number: Email Address rUw ii_d Authorized • - - n City of Newport Beach BACK BAY VIEW PARK MAINTENANCE Contract No. 5892 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. N 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 Project Description � (AwASC a fro,, �Yvl o\c h Approximate Construction Dates: From � 1 Z Agency Name Contact Person To: ! ZL7 2 Telephone (31 R65�5-"7 Original Contract Amount $ 411kFinal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. WD 601 No. 2 r Project Name/Number T Project Description Approximate Construction Dates: From To: Agency Name AIASC1dl V. IZ Contact Person Q1 Y Telephone of _— l0 `7 I Original Contract Amount $ �i, Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) I ( Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 1k/o No. 3 Project Name/Number Project Description 'M;y II Approximate Construction Dates: From 10 1 L- To: ZD Agency Name 0,( l V1 f) � -c)dt0ty 1 () Contact Person Q �-�`� elephone Original Contract Amount $tFinal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. ND D 10 No. 4 ,�C(A 64 Ta � 1L Project Name/Number Project Description 9 Approximate Construction Dates: From Z To: 2� 3 Agency Name 1 () Tox f S Contact Person J VI -) Telephone (�� 39 ~0702 2 yi 6) O Original Contract Amount $ I Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) N�71- Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number CL Project Description I Gl/✓l Approximate Construction Dates: From 20 3 To: Agency Name CI d -f An Contact Person igcrCd elephone 37/) y o Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 —Twto Project Name/Number Project Description iJO, L/U aI� Approximate Construction Dates: From Q To Agency Name �l `� d M4r 2611 Contact Person 7ly UUI-SW Telephone qNV &/ y TE Original Contract Amount $ �inal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. A/D 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. gftv-' Oycfi°�i,��� rie rdA-Y- Bidder Authorized Signa re/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 2014. References References are available on request. CitV of Newport Beach BACK BAY VIEW PARK MAINTENANCE Contract No. 5892 NON -COLLUSION AFFIDAVIT State of California ) San ) ss. County of 9-)emciyiylo ) A fit' being first duly sworn, deposes and says that he or she is Of I✓1 L, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any ur disclosed 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 u orized Signatur itle y Subscribed and sworn to (or affirmed) before me on this-14—day of , 201 by Y ����� VZ RM , proved to me on the basis of satisfactory evidence to be the person(s) whb appeared before me. I certify under PENALTY OF PERJURY under the lawsI f the State of California that the foregoing paragraph is true and correct. a N7My `RIAb`lit ' [SEAL] TOR ZAVALA C�K7�cafffmisftn #t 2046822 Commission Expires: ►(� ZS I Le Notary Public - California Z San Bernardino County Comm, Ex tree Oct 28,201 13 City of Newport Beach BACK BAY VIEW PARK MAINTENANCE Contract No. 5892 DESIGNATION OF SURETIES Bidder's name KRSA O (1m4n )(- 1 7i 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): I �O -�-j - �', ` -��h z--, � A, , CA K-701 1� V. 14 City of Newport Beach BACK BAY VIEW PARK MAINTENANCE Contract No. 5892 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name N4y-UL-bon I �G 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 2013 2012 2011 2010 2009 Total 2014 No. of contracts Total dollar Amount of Contracts (in I � � �- . ,.I � , Thousands of $) I►�Vy '►�tNtlonI1�5 YVI� I(�/t No. of fatalities No. of lost Workday Cases_�— No. of lost workday cases involving permanent transfer to f �Y 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 Business Address.- Business ddress:Business Tel. No.: 9 0q "S -1 State Contractor's License No. and 0[9.`15yy Classification: CID, Title Q The above information was compiled from the r cords that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino __.._........................ On 12/3/2014 Hector Zavala _ Notary Public _ before me, Date Here insert Name and Title of the Officer ' personally appeared ­...._.—___._............. Diana Kasbar and Sam Kasbar _...................____.___._.......................__._......_..................._._...._.._.._......................._.....---..._............._..__... _............ Name(s) of Signer(s) --------------------------------------------------------------------------------- HECTOR 2AVALA Commission # 2046822 VA Notary Public • CaliforniaSan Bernardino CountyComm. Expires Oct 28, 2017 Place Nmwy Seal Above 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/heritheir 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 Signature OPTIONAL — Though fhe information below is not required by taw, it may prove vat and could prevent fraudulent removal and reattachment of Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: . ......... _....--................ ......_. Individual I Corporate Officer — Title(s): __...... i Partner — Limited `' General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: official seal. o' Notary e to persons relying on the document form to another document. Number of Pages: .................. _...... _.... _......... Signer's Name: Individual -- .. Corporate Officer — Title(s): Cj Limited [I General I Attorney in Fact NEU Tor; of thumb here Top wi thun:h I 1 Trustee Guardian or Conservator I i::.1 Other: f Signer Is Representing: __.-..___..._..._...__ l._. - _...... t020A7 'Vahc.,a: N)tr.[y Aa.,ac+attart • 9350 00 Soto Ave.. P.C), Box 2402 Uhat:;:uJ th. LR 91313-2402 •:tnvw.Na6onalNctaryarg Ifem #5m7 Raorder:Call Toll -Free t $qQ-876-6$L/ 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 _ 15148 Sierra Bonita Lane, Chino, CA 91710 , 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, 2013, 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 11-09-13 President Date SAM KASBAR 11-09-13 Vice President Date SAM KASBAR 11-09-13 Secretary Date DIANA KASBA (::�� 11-09-13 Treasurer Date Witness my hand seal of this Corporation on this 9m day of November , 2013 . City of Newport Beach BACK BAY VIEW PARK MAINTENANCE Contract No. 5892 ACKNOWLEDGEMENT OF ADDENDA Bidder's namey `fiS f� eofis^ A bll , Iyicl 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 BACK BAY VIEW PARK MAINTENANCE Contract No. 5892 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: Il Name of individual Contractor, Company or Corporation: o6f\ Business Address: v VCS '1?��ti n, v\ o , �„� nn r A ci I1 I D Telephone and Fax Number: 6�-OCA L%1' PjZlpb qOq L6-7- 62Jo California State Contractor's License No. and Class: I rg1rpH� L I , CID10-1 (REQUIRED AT TIME OF AWARD) n Original Date Issued: �"' ��-1 Expiration Date: L `�I ^ 01-01 List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: L �` 0 k�� �,0v Aa - X5-1 � waj Uy The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone 1111na'A�btkr_ lo -Ll 5";w I z� q176q (qNs-I-SFL6 6 , C rt 7 Z( ai �-JJ 0 ki A -v (S 170 S- o Corporation organized under the laws of the State of io-cyyY-1 I eA__ 10 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: I n ly1-� All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: �\ For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; l� Briefly summarize the parties' claims and defenses; �A Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. ,Nb 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 la ompliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No 19 Are any claims or actions unresolved or outstanding? Yes/No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. Bidder �►aVA6- V-r,S loc�- (Print name of Owner or President of Corporation/C mpany) uthorized Sign ture/Title Title Date On 12 31 before me, VVe_cLY (�t�lcu� Notary Public, personally appeared ;Ayre, `I-Cs�otir who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Not*_1lAbV in and for said State Commission Expires: 20 (SEAL) HECTOR # VALA 2046 Commission 2046822 Notary Public - California San Bernardino County Mv comm. Expires Oct 26, 2017 PAUL K. TANAKA, Mayo, TASHA CERDA, MayorPic Tern DAN ME:DINA, Cauncfnlen�bar HONALD K. AEJIRI, Gou edd ventber RACHEL C. JOHNSON, Ccu ndiitrember 1700 WEST 162"'SaREFT l GARCiFNA,CALIFOHNIA9024-/Tt3 / (310)?5i-9560 / FAX(31o)21T-5118 City of Gardena MARIA E. MARQUE7-BROOKES, City Ciotk J. INGRID TSUKIYAMA, City Treasurer MITCHELL G. LANSDELL, City Manager PETER L. WALLIN, City Attorney August 19, 2010 KASA Construction Inc. 16 N. Corona Ave. Ontario. CA 41.764 Project: Arthur Johnson Dark — Restroom F41Cility, JN 819 1200 W. 170th Street Subject: Letter of Recommendation To Whom It May Concern: The City of Gardena would like to thank your company, KASA Construction h -w-, R)r the job well done and successfully completing the Arthur Johnson Park fte^ ,, room Facility project located to I'.(y) W. 1701"' St., Gardena, CA 40247. Within the 112 cak:nd ar drys allocated for the project, your company has shown due diligence and dedication to finish the work 36 Days ahead of schedule, �N hich greatly benefited the community. The City of Gardena also acknowledged that the psojeu t was ccnrlplcA due to the electrical, mechanical and other utility retrofits required for functionality, however, your .attention to the; specifics of the construction in delaii as well as, proper scheduling ha4 been eery remarkable, resulting to a ob well done. In addition to the high level of professional and quality workroanship in the. field, KASA have proven to maintain the same high level of service on the Project Ylanzag*ewtncni and Adnaini ;tractive portions of the project. Again, I would like to expreas my gratitude, izt providing your I iO`,f in completing this much nceded project for the City of Gardena. We wculd not hesitate; to refer KASA Construction Inc. to other organizations who are also in need of quality services from such a dedicated and hard working company. Sincerely, .1, wLr, John elix,Rfolcet Engineer Public Works Department September 13, 2010 KASA Construction Inc, 316 N. Corona Avenue Ontario, CA 91764 Project: Citrus College Campus Safety Landscape Project To Whom It May Concern: CITRUS COMMU'tiOTY COLLEGE DISTRICT BOARD OF TRUSTEES Mrs, Susan K Keith, President Glen -mon 1Azusa!La t'erneiPutnons Representative Dr. Gary L. Woods, trice Presrde.va A2usa!Co+inalGlendoralirwindale Represenrame Dr. Parricia Rasmus m, Clerkf5etretnry G4lemdara/Atasa!San Donas ReprescuLt ise Mrs. Joanne Montgomery, slember Monrov oknadbur5{Duarte Representative Dc Edward C. Ortell, Member Duart&Arcadi;dAzusa13?¢nrovia Reprc±mrative Ms. Karine Ponca Sorl nt Represealanve De G"aidine M. Perri, SuptrrinGemdrntlPresrderet I am writing this letter of referral to thank your company, KASA Construction Inc., for the due diligence and dedication in successfully completing the Campus Safety Landscape Project located at Citrus Community College, 1000 West Foothill Boulevard, Glendora, CA 91741. KASA Construction worked well within an active campus setting and construction activity. Product deliveries were coordinated in a manner which was supportive of ongoing campus business. I have also been pleased with your approach which constantly recognizes the College's best interest. KASA Construction provided a safe and clean environment when working on campus and when students were present. The project was completed on time. We would not hesitate to refer KASA Construction to other agencies. Your team has remained positive and pro -active throughout our association in this project administratively and in the field. It has been a pleasure to work with your team on this project and we look forward in working with KASA in the future. Sincerely, Ro2C. B dshaw Construction Program Manager Citrus College ix,u West Foothill Boulevard Glendora, CA 9c741-1599 TEL: 62.5.96;.03z; www.citruscollege.edu r OF aggq` z1 �`SR4TEtl S`? DEPARTMENT Of PUBLIC WORKS To Whom It May Concern: July 24, 2012 Kasa Construction In July 2012..Kasa Construction completed work on the Improvements of Oak Grove Drive from Foothill Boulevard to Berkshire place in the Cities of La Canada Flintrldge and Pasadena Ca, This was an $282,000 project that included both major street rehabilitation, and landscaping betterments. The project is on the frontage of the La Canada Flintridge High School, and the street serves as the primary access for Jet Propulsion Laboratory, which has around 20,000 employees. Kass's performance on this project was excellent and the project looks great. Kasa's staff was responsive and flexible. Kasa worked hard to keep the project on schedule and to mitigate the impact on the school and on JPL. In addition, Kasa's experienced staff was helpful in resolving typical construction problems such as changed conditions and interpretation and implementation of the Plans. Kasa Construction and the City of Pasadena were able to work out contract problems, such as changes in scope of work in an open, fair„ and expeditious manner. The City of Pasadena would be happy to work with Kasa Construction on any future project. Please feel free to call me at for verbal confirmation of reference. SiJ Robert Gardner Resident Engineer Department of Public Works City of Pasadena Ph. 626-744-4643 Fax 626-744-3823 b ardner ci pasadena.ca us 100 North Garfield Awmue - P.O. Bos 7115 • Pasadena, C4 91109-'215 (626) 7444191 City of Villa Park 17,105 "5'amliggo f'a d r rd; Vdia Park, CaltA),"na 92N61- 4M" February 23, 2011 KASA Construction 316 North Corona Ave. Ontario, CA 91764 ew"�t x..trtj,u. ,a"'k,. to S; Subject: Letter of Recommendation; Taft Ave. Median Project and Lemon Street Trail and Median Project To Whom It May Concern: KASA Construction has completed the subject projects in the City of Villa Park. KASA completed the projects in a most satisfactory way. The work was done in the time frame allowed even thought we experienced rain delays. The staff from KASA was very responsive,replying to our requests on a same day basis. The field team was great to work with and kept the job sites in a very clean and safe condition_ I am pleased with the final proect results and we have received many compliments from residents in the community.I would certainly recommend KASA for future projects. Very truly yours Joe O'Neil P.E. City Engineer City of Villa Park 42434,'"t;4a 'i AS,'3 SSC: ,4.e,aa�bklFta sasZ �2' m `A tfll a a Safi tlaw�i�,o�3 8'�i 4 7 e'�xaai„�6artvaeav�� x .. ,., .:_.. ,..,.. :.,._ .�, x> at xt 1i ,, tc�tx1441P tom, City of SANTA CLARnA 23920 Valencia Boulevard • Suite 300 - Sana C:arita, California 91355-2195 Phonc: (661) 259-2499 • FAX! (561) 259-8125 w ,mnta-darita.com January 4, 2011 KASA Construction 316 North Corona Avenue Ontario, CA 91764 Subject: Letter of Recommendation; Valencia Industrial Center Median Improvements, Project BI008 To Whom It May Concern: On behalf of the City of Santa Clarita, we would like to thank KASA Construction for their exemplary performance in completing the Valencia Industrial Center Median Improvements, Project B1008, located on Avenue Stanford and Avenue Scott. KASA Construction completed this project with diligence and commitment, maintaining the highest level of professionalism, attention to detail, and work ethic. The project management team always kept the City's best interests in mind and if a problem or issue were to arise, KASA Construction always resolved it in a quick and efficient manner. KASA Construction's scheduling and coordination was extremely smooth, which was further perpetuated by their closely -monitored traffic control and safety precautions. They maintained an excellent relationship with the City inspection team, and kept the job running in a compliant and organized fashion. In many instances, KASA Construction went beyond the City's expectations in order to assure that the project was delivered at the highest standard possible. The City could not be more pleased with the final project result. It has been a pleasure working with KASA Construction and we would not hesitate to recommend their outstanding services. We would like to express our gratitude for a job well done and look forward to working together again soon. Sincerely, I rancisco J L,ujan Project Manager FJL:dp S4'\NENG-CIVIVmmtk .aSANcommcnEationivdoc cc: Curtis L. Nay, Assistant City Engineer Harry Corder, Senior Engineer "Avon MAYOR P440 fEW IMAM FANOA x ME"I.TA CNA."b k",%V STF11k% t, August 25, 2010 KASA Construction Inc. Attn: Sam Kasbar 316 N. Corona Ave. Ontario, CA 91764 i CDSSEM AF'`, t rww FuiFitu , , S, 7Y'O TL,S'>.P! dC 'stir")x 'xa? FAX kEM' Project : Rosemead / Walnut Grove Median Beautification and Traffic Congestion improvemietits .. Subject: Letter of Recommendation I would like to thank KASA Construction for a job well done. When the job was awarded, the Agency was a little concerned due to the fact that KASA was a rather new company. Now that the job is done, you have far surpassed the commits initially made and in -turn, the City of Rosemead has received an exceptional finished project. Not only was the quality of work outstanding, the project was completed before schedule and under budget. The project was constructed on a main city artery which exposed the work to potential political criticism. Fortunately, City Council, Staff, and the Community had nothing but positive comments. I truly hope you win more project with the City of Rosemead as it has been a pleasure working with KASA Construction. Rafael Fajardo Project Manager City of Rosemead LCC3 Construction Service, Inc DSA Testing & Inspection * LC.E.O Testing & Inspection Ern ;nqmwntal 5er'�ices Geotechnical Services Labor Coniplianev SerricQs m Proue,u.tt p,r cnu�;c,acaa Construction h-ianagornont October 6, 2010 Mr. Sam Kasbar Kasa Construction 316 N. Corona Ave. Ontario, Ca 91764 Dear Mr. Kasbar, It is with great pleasure that 1 write this testimonial for Kasa Construction. As Vice President of Construction for LCC3 Construction Services, Inc, I have been afforded the opportunity to benefit firsthand from the talents of the Kasa Construction project team. This testimonial is best exemplified in the following example. In June of 2010 Kasa Construction started a project for the Pomona Unified School District which was being managed by me as owner's agent. This project consisted of reconstructing a hill slope which had started to fail and was causing damage to one of the district's elementary school campuses. The project was scheduled to complete under a tight time line and reduced budget. Larry Edwards, Project Superintendent, and his support team's relentless commitment to cost containment; schedule recovery and customer satisfaction truly made the difference in the successful completion of the above mentioned project. I am pleased to share that not only did the project complete under budget, but do to Mr. Edward's commitment to the success of the project it came in on schedule with no disruption to any school programs. Kasa Construction's project team always searched for the best solution whenever possible and kept the goal of the project in sight. I found the project team to be professional, courteous, and very organized. I have added Kasa Construction to our contractor list and I look forward to working with the Kasa Construction team in the near future. Sincerely, BllLol't- wear Brian Watt Vice President, Construction LCC3 Construction Services, Inc Cc: File 4205 .lumpa Sheet # 203 Ontario, Ca 91761 Offiec: (909) 390-0500 • Fa% (800) 420-3407 Ctty e,)i mt1lukir r September 12, 2011 KASA Construction 316 North Corona Avenue Ontario, CA 91764 Subject: Letter of Recommendation, Torrey Pines Park Project 10-40109GP7343 To Whom It May Concern: On behalf of the City of Murrieta, we would like to thank KASA Construction for their exemplary performance in completing the Torrey Pines Park Project, #10-40109GP7343. KASA Construction completed this project with diligence and commitment, maintaining the highest leve., of professionalism, attention to detail, and work ethic. The project management team always kept the City's best interest in mind and if a problem or issue arose, KASA Construction always resolved it in a quick and efficient manner, KASA Construction's scheduling and coordination was extremely smooth. They maintained an exceil-,nt relationship with the City inspection team and kept the job running in a compliant and organi2ed fashion. In many instances, KASA Construction went beyond the City's expectations in order to assure that the project was delivered at the highest standard possible. The City of Murrieta could not be more pleased with the final project result! It has been a pleasure working with KASA Construction and we would not hesitate to recommend their outstanding services. We would like to express our gratitude for a job well done and look forward to working together again m the future. Sincer y; t { � ?,/eff Cadien Project Manager 1Cmw 1 Town Souarc, 24601 Jefferson Avenue • Murrieta, California 92562 phone: 951.304.C'Y (2489) • fax: 951.698.4509 • "c'o: murricta org June 20, 2011 KASA Construction 316 North Corona Avenue Ontario, CA 91764 Subject: Letter of Recommendation; Terrace Park Improvements Project. To Whom It May Concern: On Behalf of the City of Redlands, we would like to thank KASA Construction for their exemplary performance in completing the Terrace Park Improvements project. KASA Constniction completed this project with diligence and commitment, maintaining the highest level of professionalism, attention to detail and work ethic. The project management team always kept the City's best interest in mind and if a problem or issue were to arise. KASA always resolved it in a quick and efficient manner. The City could not be more pleased with the final project results. It has been a pleasure working with KASA and we would not hesitate to recommend their outstanding services to others. We would like to express our gratitude for a job well done and look forward to working together again. Sincerely, 57 Bassam Alzammar Construction Manager "Preserving the Past, Protecting the Future" P.O. BOX 3005 a REDLANDS, CA 92373 City of Newport Beach BACK BAY VIEW PARK MAINTENANCE Contract No. 5892 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. 21 BACK BAY VIEW PARK MAINTENANCE CONTRACT NO. 5892 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 11th day of February, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and KASA CONSTRUCTION, INC., a California corporation ("Contractor'), whose address is 15148 Sierra Bonita Lane, Chino, California 91710, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of clearing and grubbing, grading, hardscape improvements, landscape establishment and maintenance, irrigation improvements, providing as -built drawings, and all other incidental items of work necessary to complete the work in place (the "Project" or "Work"). C. Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidder, Labor and Materials Payment Bond (Exhibit A), Faithful Performance Bond (Exhibit B), Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 5892, 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 Three Hundred Ten Thousand Four Hundred Dollars and 00/100 ($310,400.00). 3.2 This compensation includes: 3.2.1 Any loss or damage arising from the nature of the Work; 3.2.2 Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the Work; and 3.2.3 Any expense incurred as a result of any suspension or discontinuance of the Work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, including tsunamis, and which loss or expense occurs prior to acceptance of the Work by City. 4. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Contract. Contractor has designated Tony Kasbar to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. Kasa Construction, Inc. Page 2 6. 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.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: Public Works Director City of Newport Beach Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658 7.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Diana Kasbar Kasa Construction, Inc. 15148 Sierra Bonita Lane Chino, CA 91710 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Kasa Construction, Inc. Page 3 Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority' of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 11. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Kasa Construction, Inc. Page 4 Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractors Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Work to be performed under this Contract shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or Kasa Construction, Inc. Page 5 death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsuitants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Kasa Construction, Inc. Page 6 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Kasa Construction, Inc. Page 7 Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee Kasa Construction, Inc. Page 8 or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] Kasa Construction, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTO N Y'S OFFICE Date: Z By: Aaron C. Harp CkM o%12a I I s City Attorney ATTEST: Date: 3�/3. )h By: &- �" Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: /7 '-�-\-�-- I "- By: Ed kand D. S Mayor CONTRACTOR: Kasa Construction, Inc., a Califor is orporation Date: Z I Ll 15-- By: tBy: Diana Kasbar President/Treasurer Date Presidbnt/Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Kasa Construction, Inc. Page 10 ** In Duplicate ** EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 609005561 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Kass Construction, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of clearing and grubbing, grading, hardscape improvements, landscape establishment and maintenance, irrigation improvements, providing as -built drawings, and all other incidental items of work necessary to complete the work in place, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is Incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and,The Ohio Casualty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, In the sum of Three Hundred Ten Thousand Four Hundred Dollars and 00/100 ($310,400.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the some, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as Kass Construction, Inc. Page A-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 201h day of February 20 Is Kasa Construction, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 62 Maple Avenue, Keene, NH 03431 Address of Surety (858) 255-3988 Telephone Authorized S), natureffitle Authorized Agent Signature Matthew R. Dobyns, Attorney -in -Fact Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Kasa Construction, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California Countyf -->.A6er vxrd xo i )ss. On 7-72T!,115— 1� 20 before me, yayA- Notary x.s 'Public, personally appeared �;a uta ,y— 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(iss), 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 two and correct. my hand and official seal. ACKNOWLEDGMENT A notary public or other officer completing this Certificate vadf es only the Identity of the individual VIP signed the document to which this certificate is attad*d, and not the truthfulness, accuracy, or i*Iidity of that document. HECTOR 2AVALA Commission # 2046622 Notary Polak . California San 6emardino County comm. Fx Uas Oet 26.2017 (seal) r c }� vrcwidA `YT^' State of California County of On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ha/shelthey executed the same in hislher/their authorized capacity(ies), and that by histher/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Kasa Construction, Inc. Page A-3 THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS 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. tz 42i) 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 ThatAmencan 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 organized under the laws of the State of Indiana (herein collectively called the °Company L pursuant to and by authority herein set forth, does hereby name: constitute ' and appoint, Matthew R. Dobvns„ Randy Soohn all of itis city of .Santa Ana , state of GA - each individually if there be more than one named, its true and lawful attorney -m -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 alst day of March 2014 S, American Fire and Casualty Company a The Ohio Casualty Insurance Company w `-Liberty Mutual Insurance Company -: West American Insurance Company H 44) Byz STATE OF PENNSYLVANIA ss David M Care . Assistant Secretary m _ COUNTY OF MONTGOMERY tiOn this 31st day of Marchtot^ ,. before me personalty appeared David M Carey, who acknowledged himself to be the Assistant Secretary of American fire and r0 O ar Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and WestAmencan Insurance Company, and that he, as such being authonzed so to do. to p R execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duty authorized officer, c W m > IN WITNESS WHEREOF I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and yzar first above written o E0. m O .6 < Q M c n By ClgLp�� /CQY�iu as O i Teresa Pastella, Notary Public y 60 i 0 oa a°R R This Power of Attomey is made and executed pursuant toandbyaulhomyofthe foilowingBy-laws and Authonzabons ofArearrican Fire and Casualty Company, The OlnoCasuafty Insurance ;M0 y r Company. :Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows tMy m 4 ARTICLE N -OFFICERS -Section 12 PowerofAttomey Any officer orothei official of the Corporation authorized forlhat purpose in writing bythe Chairman or the President, and subject C11 o c to such timitatjon as the Chairman or the President may prescribe shall appoint such atfomeys-in-fact: as may be necessary to act m behalf of the Corporation to make: execute seal, y ID 0 1acknowledge and deliver as surety any and all undertakings, bonds, recognizaneesand other surety obligations.. Suchattomeys-in-fact subject to the limitations set forth in their respective m 'p 3 E y^ 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 '� m p m executed such instruments shall be as binding as if signed by the President and attested to by the Secretary Any poweror authority granted to any representative or attomey-in-fait under > M .0 A the provisions of this article maybe revoked at any time by the Board, the Chairman, the President or by the officeror officers granting such power or authonty, 4,0 t m >` ARTICLE XIII -Execution of Contracts -SECTION S Surety Bonds and Undertakings Any officerof the Company authorized forthal purpose in writing by the chairman or the president, 00 and subject to such limitations as the chairman or the president may prescribeshall appoint such affomm eys--fact, as maybe necessary to act in behalf of the Company to make: execute, C4 Zu seal, acknowledge and deliver: as surety any and all undertakings: bonds recognizances and other surety obligations Such affomeys-in-fact subject to the limitations set forth in their = 00 respective powers of attorney, shall have full powerto bind the Companyby their signature and execution' of any such mstmments and to attach thereto the seal ofthe Company When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary, 0, O Bt Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey Assistant Secretary to appoint such attemeys-m- F_ 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 Companys Board of Directors the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appealing 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, Gregory W Davenportthe undersigned, Assistant Secretaryof 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 of Attorney executed by said .Companies, is in full force and effect and has not been revooked. IN TESTIMONY I have hereunto set my hand and affixed the seals of said Companies this 20th .dayof Febivary 20 15 By Gregor; W Davenport. Assistant Secretary Lms 12873 122013 - 49 of 200 [STAIRIVUH) LIMA A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County On L j ILA( I (A J 1 before me ERIKA GUIDO NOTARY PUBLIC personally appeared MATTHEW R. DOBYNS who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the 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. ERIKAGUIDO� WITNESSmAAd ak n^d official seal. COMM. # 2022671 g NOTARY PUBLIC CALIFORNIA ORANGE COUNTY 91 m17 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT SHE FINATED ON THF lFWAII IGo &T PRt6E Ft L 6O ** In Duplicate ** EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 609005561 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,525.00 , being at the rate of $ 2% 1st Took & 1.2%Balance thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Kasa Construction, Inc. hereinafter designated as the "Principal," a contract for the work necessary for the completion of this contract consists of clearing and grubbing, grading, hardscape improvements, landscape establishment and maintenance, irrigation improvements, providing as -built drawings, and all other incidental items of work necessary to complete the work in place, in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which Is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Ten Thousand Four Hundred Dollars and 00!100 ($310,400.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, Jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and In the manner therein specified, and in all respects according to its true intent and meaning, or fails to Indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and In addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Kasa Construction, Inc. M Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formai acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 20th day of _ February 2015 Kasa Construction, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 62 Maple Avenue, Keene, NH 03431 Address of Surety (858) 255-3988 Telephone 1 / L29:�_: Authorized Agent Signa ure Matthew R. Dobyns, Attorney -in -Fact Print Name and Title NOTARYACKNOXEDGMENTS OF CONTRACTOR AND SURETY MUST BEATTACHED Kass Construction, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California County of `JaN ?Ie� A,✓dm a } as. On 2 - 2 3 .20 1 — before me, Notary Public, personally appeared is"a 4s1dAr 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(tes), 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, my hand and official seal. HECTOR 2AVALA umircCommtsalon # 2046822 onart. Notary Public • California iSan Bernardino County Ez sires Oct 28, 2017 (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. O State of California County of ' W. On 20L_before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ha/shefthey executed the same in histheritheir authorized capactly(tes), and that by his/her/their signatures(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Kass Construction, Inc. Page B-3 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 6 Oc,423 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 PRESENTSr ThatAmencan Fire &Casualty Company and The Ohio Casualty Insurance Company am corporations duly organized under the laws of the State of New Hampshire: that Liberty Mutual Insurance Company is a corporation duly organized underthe Iaws of the State of Massachusetts, and WestAmedcan Insurance Company is a corporation dulyorganized 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.: Dobvnsc Randy Soohn all of the city of Santa Ana , state of CA each individually if there be more than one named, its true and lawful aflomey-in-fact to make, execute, seal, acknowledge and deliver, for andon its behalfas 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 31st day of Margin -: 2014 7 a Amencan Fire and Casualty Companyo The Ohio Casualty Insurance Company Liberty Mutual Insurance Company N West erican Insurance Company r- By: 0) 00i _ .:STATE OF PENNSYLVANIA : ss -David M Carey Assistant Secretary >1'.. C ++'m COUNTY OF MONTGOMERY a Id a7 Onthis 31st day of March 2014, before me personally appeared David M Carey, who acknowledged himself to be the Assistant Secretary of Amencan Fire and m O w a> Casualty Company, Liberty Mutual Insurance Company The Ohio Casualty Insurance Company, and West Amencan 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 d W m > IN WITNESS WHEREOF. I have hereunto subscribed rrynama and affixed my notarial seal at Plymouth Meeting, Pennsylvania on the day and year firef above written O: CL Iti 3 �'O � QM 1a � �� By: �� , BIT 0 v Teresa Pastella , Notary Public N v O .. - 3 m OE to C m This PowerufAftomey is made and executedpursuanttoandby authority of the following By-laws andAuthonzabons ofAmencan Fire and Casualty Company, The Ohio Casualty Insurance 00 Company Liberty Mutual Insurance Company and WestArriencan Insurance Company which resolutions are now in full force and effect reading as folkim, y o Raiff ARTICLE IV -OFFICERS -Section l2 PowerofAttomey Any officer or official of Corporation authorized torihat purpose in wmmg bythe Chairman Sithe President and subI ct ci o r., to such limitation as the Chairman or the President may prescribe, shall appoint such adomeys-io-fact.. as may be necessary toad in behalf of the Corporation to make, execute seal, > m O acknowledge and dekveras surety any and all undertakings, bonds, recognizances and other surety obligations: Such attomeysiw4act, subject to the limitations set forth in their respective :'p E w powers of aftomey, shall have full power to bind the Corporation by their signature and execution of any such insbumenls and to attach thereto the seal of the Corporation. When 3 w O ea so executed such mstturmlits shall be as binding as 0 signed by thePresident and attested to by the Secretary. Any poweror authority granted to any representative or attorney m -fact under to > X) Tthe provisions of this article may be revoked at anytime by the Board, the Chairman, the President or by the officer orofficers granting such power or authom- '. dy a = ARTICLE XIII Execution of Contracts -SECTION 5. Surety Bonos and Undertakings Any officeiof the Company authorized for that purpose in wribng by the cnaiiman or the president �C E.M Land subject to such hmda ions as the chairman orthe president may prescribe, shall appoint such attorneys-ir-fact, as maybe necessaryto act in behalf of the Company tomake, execute: 10 o seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations: Such attomeys-in-fad subject to the limitations set forth in their _ OP respective powers of attorney, shall have full power to bind the Company by their signature and execubon 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 thesecretaryO. '. m O.. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint such attomeys'n- ~ 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, moogmzances and other surety obligations Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that f rcaimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appeanng 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, Gregory W Davenport, the undersigned Assistant Secretary, of Amencan Fire and Casualty Company The Ohio Casualty Insurance Company. Liberty Mutual Insurance Company. and West Amencan Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full. true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 20th : day of February 2Q" Gregory W Davenport, Assistant Secretary WS 1287 _122013: - 52 01 200 -1 • R• t .,�, .. • ";Y A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA On L4 P V l W4, i before me ERIKA GUIDO NOTARY PUBLIC personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the 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/{ger/their authorized capacity fies), and that by his/Ief/their signature(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. =✓`�E WITNESS myband and official seal. w.. ERIKAGUIDO - COMM. # 2022671 \� NOTARY PUBLIC CALIFORNIAN 1 ' $ ORANGE COUNTY expires May 5, 2017 J iJVP IWf7\_/ natur f Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT TRUSTEE(S) Fj GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT 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 C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that 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 Kasa Construction, Inc. Page C-2 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. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher Limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If Contractor's existing coverage includes a Kasa Construction, Inc. Page C-3 self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Kasa Construction, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 2/25/15 Dept./Contact Received From: Raymund Date Completed: 3/2/15 Sent to: Raymund By: Chris Company/Person required to have certificate: Kasa Construction Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 1/22/15-1/22/16 A. INSURANCE COMPANY: Peerless Insurance Company 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 (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 (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) X Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: 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 I. 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: 2/21/14-4/20/15 A. INSURANCE COMPANY: American Insurance Company 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 1 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 ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 2/18/15-2/18/16 A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A-: VII or greater): C. ADMITTED Company (Must be California Admitted): ❑ Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M 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 ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY N/A ❑ Yes ❑ No V BUILDERS RISK ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 3/2/15 Date 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. Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BACK BAY VIEW PARK MAINTENANCE CONTRACT NO. 5892 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: PR 1 of 3 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. 5892 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: The bid amount entered for the additive bid item is for the sole purpose of City information. The City may, during construction, elect to construct one, all or none of these additive bid items throuah Chanae Order(sl. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization and Demobilization Anu s,z?gdDoliars and em 'VCents $ S Lump Sum 2. Lump Sum Clean and Grub Site @ 544ee t f6i5a idD011arS and "Z--v--Ye Cents $ �� Lump Sum PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. Lump Sum Grading (On -Site Earthwork) @Sin t�&tkSnH Dollars and Ze v r, Cents $> Lump Sum 4. Lump Sum Hardscape d 7 e vi\ Cents $ sl.7.600 Lump Sum 5. Lump Sum Site Amenities @ J✓e n}� L -USA -Ad Dollars and 2C)C4 Cents $ $yle-,@0 Lump Sum 6. Lump Sum Landscape and Irrigation and"" Cents �F,(3 Ae+ )«rs ZeYc> Cents $ $ 101,2 Lump Sum 7. Lump Sum Provide As -Built Plans @at . dim Dollars and 7 Pry Cents Lump Sum BASE BID - TOTAL PRICE IN WRITTEN WORDS and ZQy Cents $__ j 7/-/,, 4/447 BASE BID - Total Price (Figures) PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE ADDITIVE BID ITEMS: Lump Sum Additional Meadow Planting @5�f��,' thoa5a,�ollars and e Cents $ Lump Sum Lump Sum Additional Decomposed Granite Walkway and Overlook @ Se-yej}� -VAId,j-10 *Ilars Rd 7.ea-6 Cents $ 00 Lump Sum ADDITIVE BID ITEMS - TOTAL PRICE IN WRITTEN WORDS and '`t 1 YO Cents 12-1")-N Datgoq ySB2-t,,D C1uc� x-15`7— 8z�o1 Bidder's Telephone and Fax Numbers g - A,�)Ickc) , LEI Bidder's License No(s) and Classification (s) Bidder's email address: $ 1 36,.000 ADDITIVE BID ITEMS - Total Price (Figures) SSR o n�JnL-on., I Ay Bidder n PS adder's Autl�o`rized Signature and Title 101 Uyo-- Bidder's Address Gi W rip CA ci 1 `70 Cary} CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BACK BAY VIEW PARK MAINTENANCE CONTRACT NO. 5892 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P -5232-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works 7 News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of clearing and grubbing, grading, hardscape improvements, landscape establishment and maintenance, irrigation improvements, 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 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 Page 1 of 76 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." 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(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1.3 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 - Page 2 of 76 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, 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: Page 3 of 76 No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General Add to this section: The Contractor shall complete all work under the Contract within 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 60 consecutive calendar days and shall commence after the Engineer has determined the plant establishment phase as completed and accepted. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6.7.1.2 Order of Work. Plant material shall not be installed until the irrigation system has been tested and accepted by the Engineer. 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 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 0, 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 31St(New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. if the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours Page 4 of 76 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 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 the end of this section: If the Contractor elects to use City water, he shall arrange for a meter and tender a $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Page 5 of 76 Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. City shall designate to the Contractor the location of the fire hydrant or other connection acceptable for drawing of construction and temporary water. City reserves the right to limit the location, times and rates of drawing of such water 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 City of Newport Beach Utilities Division at (949) 644-3011." 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. Page 6 of 76 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 Manua/ which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. 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 Page 7 of 76 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 (WATCH), 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 showing typical closures and detour plans(s). 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. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. 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. Page 8 of 76 7. 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 Residents Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each Page 9 of 76 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's Contractor's "A" license. In addition, all landscape and irrigation improvements shall be completed by a landscape contractor or subcontractor with a "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 RECORDS/AS BUILT DRAWINGS A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, Page 10 of 76 materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, all labor, tools, equipment and materials costs for providing bonds, insurance and financing, establishing a field office, preparing the BMP Plan, installing and maintaining temporary construction fencing, protection of existing facilities, preparing and updating construction schedules as needed, attending construction progress meetings as needed, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation as noted in these Special Provisions. Item No. 2 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. Item No. 3 Grading (On-site Earthwork): Work under this item shall include, but not be limited to, the cost of all labor, tools, equipment and material costs rough and precise grading, excavating, compaction, soils testing, placement of soil in its final location as shown on the construction plans. This bid item will be paid for by lump sum. Item No. 4 Hardscape: Work under this item shall include, but not be limited to, the cost of all labor, tools, equipment and material costs for all hardscape improvements shown on the construction plans and specification including, but not limited to, full compensation for soil compacting, installation of decomposed granite (DG) paving, pathways, concrete footings and all other work items as required to complete the work in place, while protecting decorative boulder/plaque. Item No. 5 Site Amenities: Work under this item shall include, but not be limited to, the cost of all labor, tools, equipment and material costs for all site amenities shown on the construction plans and specifications including, but not limited to, full compensation for benches, trash receptacles, bike racks and decorative boulder/plaque relocation. Item No. 6 Landscape and Irrigation: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all landscape and irrigation improvements shown on the construction plans and specification including, but not limited to, full compensation for fine grading, agronomic testing go existing soil to confirm compatibility with the proposed landscape material, soil amendments, mulch, weed abatement, 60 -day plant establishment period followed by a 60 -day maintenance period. Page 11 of 76 Item No. 7 As -Built Drawings: Work under this item shall include all actions necessary to provide "as -built" construction. As -built drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. The above payment items shall be used as the sole basis for measurement of work completed in accordance with the Plans and these Special Provisions. The following additive bid items may be added to the contract after award of the base contract. Contractor will be notified prior to start of work on Back Bay View Park. No increase to these additive bid items will be allowed. ADDITIVE BID ITEMS Additive Bid Item No. 1 Add Additional Meadow and Improvements as Per Plan: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for clearing and grubbing, installation of rabbit fencing, installation of decorative boulders, constructing decomposed granite landing for future bike Fix -It station, furnishing and installing bike racks, furnishing and installing additional meadow area, planting with rose pot Carex pansa (California Meadow Sedge), rose pot Sisyrinchium bellum (California Blue -Eyed Grass), soil amendments, providing plant photos, and all other items as required to complete the work in place. Additive Bid Item No. 2 Add Additional Decomposed Granite, Entry Planting and Improvements as Per Plan: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for clearing and grubbing, furnishing and installing additional decomposed granite walkway, installing decorative boulders, stone steps in the walkway, planting with rose pot Carex pansa (California Meadow Sedge), rose pot Sisyrinchium bellum (California Blue -Eyed Grass), 1 -Gallon Opuntia litoralis (Prickly Pear), 1 -Galion Salvia Bee's Bliss (Bee's Bliss Salvia), soil amendments, providing plant photos, irrigation modifications including providing additional valve and additional heads as needed to sufficiently irrigate new meadow and all other items as required to complete the work in place. 9-3.2 Partial and Final Payment. Delete the third paragraph and replace with the following: "From each progress estimate, five (5) percent will be retained by the Agency, and the remainder less the amount of all previous payments will be paid." Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - CONCRETE MORTAR AND RELATED MATERIALS Page 12 of 76 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class Add to this section: Portland Cement concrete for construction shall be Class 560-C- 3250. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel Add to this section: Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. SECTION 212 - LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS 212-1.1 Topsoil 212-1.1.1 General Add to this section "Topsoil shall be Class "A" as defined in Subsection 212-1.1.2 of the Standard Specifications and shall conform to the following: A. Grading: Sieve Size Percent Passing Sieve 25.4 mm (1 -inch) 95-100 9.51 mm (%-inch) 85-100 53 Micron (270 mesh) 10-30 B. Chemistry: Suitability Considerations: 1. Salinity: Saturation Extract Conductivity (ECe x 103 @ 25 degrees C.) less than 4.0. 2. Sodium: Sodium Absorption Ratio (SAR) less than 9.0. 3. Boron: Saturation Extract Concentration less than 11.0 PPM. 4. Reaction: pH of Saturated Paste: 5.5 - 7.5. 212-1.2 Soil Fertilizing and Conditioning Materials 212-1.2.3 Commercial Fertilizer Add to this section "Commercial fertilizers shall conform to the following: Page 13 of 76 A. Tri -C 6-2-4+5%S, as supplied by Tri -C Enterprises, Chino, CA. Telephone: 800.927.3311 B. Best -Pak (20-10-5) controlled release fertilizer bags, as supplied by J.R. Simplot Co, Lathrop, CA, Telephone: 800.992.6006 1. Nitroform (38-0-0) as supplied by Hercules MCW Plant, Louisiana. 212-1.2.5 Mulch Revise this section to read "Mulch shall be Forest Floor Nitrolized Mulch, zero (0) inch to two (2) inches diameter free of sticks, dirt, dust and other debris as supplied by Aquinaga Fertilizer Co. Irvine, CA". Add the following Section 212-1.2.6 Soil Mixes 212-1.2.6 Soil Mixes Soil mixes for soil preparation and plant pit backfill shall conform to the following: A. Surface Soil Preparation: 4 cubic yards Nitrogen fortified organic soil amendment 7 lbs Soil Sulfur 75 lbs Gypsum 15 lbs 6-24-24XB B. Backfill Mix for On -Grade Plant Pits: One (1) cubic yard of backfill Two (2) lbs iron sulfate Three (3) lbs gypsum Add the following Section 212-1.5.4 Anti -Desiccant 212-1.5.4 Anti -Desiccant Anti -desiccants for retarding excessive loss of plant moisture and inhibiting wilt shall be a sprayable, water insoluble vinyl-vinyledine complex which will produce a moisture retarding barrier not removable by rain. Anti -desiccants shall be "Wilt-pruf Formula NCF" as manufactured by Nursery Specialty Products, Greenwich, Connecticut, or accepted equal. PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK Page 14 of 76 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: hftp://newportbeachca.gov/index.aspx?paqe=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1?/2 inch" of the last sentence with the words "two (2) inches". Add the following Section 301.5 Solid Waste Diversion 300-1.5 Solid Waste Diversion Non -reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer and provide appropriate confirmation documentation Page 15 of 76 from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SECTION 308 ---LANDSCAPE AND IRRIGATION INSTALLATION ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 - SOIL PREPARATION PART 1 -GENERAL 1.01 DESCRIPTION A. Related Requirements: Review the General Contract Conditions and Division One, General Requirements, of these Special Provisions, which contain information and requirements that apply to this Section. B. Work Included: Provide planting media amendment Amending of existing for planting Amending of sub -grade soil Weed abatement Machinery and loading restrictions C. Related Work in Other Sections: Earthwork and Topsoil Placement - Subsection 308-2 Planting - Subsection 308-4 Irrigation System Installation- Subsection 308-5 Maintenance and Plant Establishment - Subsection308-6 1.02 QUALITY ASSURANCE A. Requirements of Regulatory Agencies: All work and materials shall be in full accordance with latest rules and regulations of safety orders of Division of Industrial Safety and all other applicable laws and regulations of the City of Newport Beach, California. B. Applicable Standards: All references to the Standards as described below shall mean the current or latest editions: • "Standard Specifications" - Standard Specifications for Public Works Construction • "ASTM" - American Society for Testing and Materials. • "DIS" - Division of Industrial Safety. Page 16 of 76 C. Certificates of Inspection: Provide those required by law for transportation, with invoice. File copies of certificates with City Engineer after acceptance of material. Inspection by governmental officials at point of origin does not preclude rejection of materials at project site. 1.03 SUBMITTALS A. Samples and Product Data: Prior to delivery to site, submit samples(S) certification(C) and manufacturers' literature (ML) for the following items: 1. Organic Amendments: S of one (1) pt. for each type, C or ML 2. Soil Mixes: S of Y2 -Ib for each type and C. 3. Sand: S of Y2 -Ib and C. 4. Chemical Additives: S of one (1) pint for each type, C and ML. 5. Perforated Drain -line: S of One (1) Linear Foot and ML. 6. Filter Fabric: S of One (1) square foot and ML. 7. Drain Rock: S of One (1) Pint and C. B. Test Data: Submit all laboratory test data for all materials. C. Submittal Schedule: All products in this section which is required for submittal shall be included in one Division Two submittal package. D. Approved Testing Laboratory and Procedures for Agronomic Soil Fertility Analyses: To be provided by City of Newport Beach, 1. Agronomic Soil Fertility Analyses shall be conducted by a reputable, certified, agronomic soils laboratory. Laboratory shall be a member of the Council on Soil Testing and Plant Analysis. The same laboratory shall be used throughout the duration of the Contract: a). Wallace Laboratories, EI Segundo, CA. 310-615-0116. b). Soil and Plant Laboratory, Orange, CA. 714-282-8777. c). Fruit Growers Laboratory, Santa Paula, CA. 805-659-0910. 2. Contractor shall verify and confirm the selected Testing Laboratory and specific location(s) of soil sample(s) with the Landscape Architect prior to commencing soil sampling operations. 3. Submit the physical Samples directly to the selected Laboratory for analysis, per the procedures outlined per Part III herein this Section. a). In addition to the physical Soil Samples, Contractor shall also provide the Laboratory with a copy of the Soil Amendment and Fertilizer products indicated herein this Section. 4. Along with the testing data results, the Agronomic Soil Fertility Analysis shall include written recommendations by the Laboratory for amending and/or correcting the sampled soil conditions, utilizing the organic -based Soil Amendments and Fertilizers described herein this Section. a). The Analyses shall also include Maintenance and Post -Maintenance fertilization programs for planted areas within the Contract. Page 17 of 76 Agronomic Soil Fertility Analyses shall be performed on each of the native site soil samples, the imported topsoil (as required) and lightweight soil mix (as required). Agronomic Soil Fertility Analysis shall include testing results for the following: H; Salinity (electro -conductivity); Measurement of sodicit Sodium Absorption Ratio); Estimate of soil texture and soil organic matter; Presence of lime; Saturation extracts for nitrate, sulfate, sodium, calcium, magnesium, potassium, soluble phosphate, and boron; Parasitic nematodes; Herbicide contamination; (For Lightweight Soil Mixes): Test for physical and chemical composition, and saturated weight per cu.ft. E. Submit two (2) bound copies of the laboratory's Agronomic Soil Fertility Analysis and Recommendations to Landscape Architect a minimum of fourteen (14) days prior to amending of the soil and ordering soil amendments. The locations of where each of the soil test samples were derived from the Project Site shall be keyed to the site plan and shall be included with the results. F. Planting operations shall not commence until the results of the Agronomic Soil Fertility Analysis and Recommendations are reviewed accordingly by the Landscape Architect. 1. The quantity or type of amendments may be modified by the Landscape Architect within fourteen (14) days of receipt of the results. The Agronomic Soil Fertility Analysis and Recommendations shall take precedence over the amendment and fertilizer application rates specified herein or on the Contract Documents. G. The Agronomic Soil Fertility Report/Recommendation shall take precedence over the amendment and fertilizer application rates specified herein or on the Contract Documents. H. Submittals under this Article (including Samples) will be rejected without the benefit of review by the Landscape Architect if they are difficult to read due to insufficient scale, poor image quality, or poor drafting quality; or if the required information is missing or not presented in the format as requested. No Work shall proceed under this Section until Submittal requirements indicated herein have been reviewed accordingly by the Landscape Architect. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING Page 18 of 76 A. Labeling: Furnish standard products in unopened manufacturer's standard containers bearing original labels showing quantity, analysis and name of manufacturer. B. Storage: Store products with protection from weather or other conditions which would damage or impair the effectiveness of the product in conformance with Subsections 4-1 of the Standard Specifications. 1.05 ANALYSES OF SAMPLES AND TESTS A. Sampling: City Engineer reserves the right to take and analyze samples of materials for conformity to specifications at any time. Furnish samples upon request by City Engineer. 1.06 FINAL ACCEPTANCE A. Acceptance: Work will be accepted by the City Engineer upon satisfactory completion of all soil preparation work. B. Notification: Notify City Engineer for review of soil preparation prior to proceeding with planting operations. PART 3 - EXECUTION 3.01 SOIL PREPARATION A. General: Soil preparation work shall be in conformance with Subsection 308-2.3 of the Standard Specifications. 1. Moisture Content: Do not work soil when moisture content is so great that excessive compaction will occur, nor when it is so dry that dust will form in air or, that clod's will not break readily. Apply water, if necessary, to bring soil to an optimum moisture content for tilling and planting. 2. Clearing of Debris: Clear all planting areas of stones one (1) inch diameter and larger, weeds, debris and other extraneous materials prior to amending existing soil. B. Preparation of Existing Soil: 1. Verification of Existing Grades: Verify that grades are within one (1) inch plus or minus of the required finished grades. Report all variations to the City Engineer. 2. Clearing of Debris: Clear all planting areas of stones one (1) inch diameter and larger, weeds, debris and other extraneous materials prior to amending existing soil or spreading imported topsoil. Page 19 of 76 C. 3. Cultivation: Rip or cultivate all planting areas to a depth of eight (8) inch) immediately prior to amending existing soil. Rototill to reduce soil clods to a maximum diameter of one (1) inch in the top eight (8) inches. Soil Amendments and Fertilizers: Gypsum: Commercially -processed and packaged agricultural -grade hydrated calcium sulfate product (CaSO4), 92.0% minimum, pH at 7.1. a. Commercial -Grade Products & Manufacturers: Subject to compliance with requirements, provide products by one (1) of the following: Ben FranklinTm No. 1 Agricultural Gypsum, U.S. Gypsum Company 900% Good Stuff GypsumTM, Art Wilson Company or equal, as approved by the Landscape Architect. 2. Potassium Nitrate (13-0-44): Commercial or agricultural -grade product containing approximately 44% potassium. 3.02 WEED ABATEMENT A. General: Weed abatement work shall be in conformance with Subsection 308-2.3 of the Standard Specifications. 1. Weed abatement work shall not begin until irrigation sprinkler systems for the prescribed area are installed and operable. B. Weed Abatement: 1. Manually remove all existing unwanted vegetation and dispose of it off site. 2. Fertilize all planting areas with a 12-12-12 commercial fertilizer at the rate of three hundred lbs (300) per acre and begin watering process. 3. Upon completion of the irrigation system, water all areas four (4) times daily for 21 consecutive days and until weed seeds have germinated. Cease watering for three (3) days. Spray a non- selective contact herbicide (Roundup Pro or Rodeo) to eradicate the germinated weeds. Waiting period prior to clearing weeds shall be seven (7) to ten (10) days. 4. Allow herbicide to kill all weeds. Rake or hoe off all dead weeds to a minimum depth of '/-inch inch below the surface of the soil. Remove all cleared weeds and legally dispose of off-site. 5. Re -water cleared planting areas four (4) times daily for 14 - consecutive days, until new growth appears. Re -apply herbicide. Clear weeds, after seven (7) to ten (10) days or an approved alternate time period. Remove all cleared weeds and legally dispose of offsite. Page 20 of 76 C. Cultivation of Topsoil: Cultivation of Topsoil: a. Cultivation: Following Soil Leaching and Weed Eradication operations, rip or cultivate areas of existing soil to receive planting to the following depth, prior to applying soil amendments: 1). Six -inches (6"). b. Following initial cultivation of Topsoil, uniformly broadcast and cultivate/blend the materials indicated in the following Planting Soil Amendments Schedule, with the Topsoil, to a minimum six-inch (6") depth: c. Planting Soil Amendment Schedule: Soil AmendmentlFertilizer Ratio Potassium Nitrate 8 pounds / 1,000 SF Gypsum 100 pounds 11,000 SF d. Complete finish grading operations per Section 312219 — Landscape Grading. 3.03 DRAINAGE OF PLANTING AREAS A. Surface Drainage: 1. Discrepancies: Provide proper surface drainage of planted areas. Submit in writing all discrepancies in the Drawings or Specifications, or prior work done by others, which Contractor feels precludes establishing proper drainage. 2. Correction: Include description of work required for correction or relief of said condition. B. Detrimental Drainage, Soils and Obstructions: 1. Notification: Submit in writing all soils or drainage conditions considered detrimental to growth of plant materials. State condition and submit proposal and cost estimate for correcting condition. 2. Correction: Submit for acceptance a written proposal and cost estimate for the correction before proceeding with work. 3. Obstructions: If rock, underground construction work, tree roots or other obstructions are encountered in the performance of work under this section, submit cost required to remove the obstructions to a depth of not less than six (6) inch below the required soil depth. 3.04 CLEAN-UP A. Keep all areas of work clean, neat and orderly at all times in conformance with Subsection 7-8 of the Standard Specifications. Page 21 of 76 B. Upon completion of work, remove off the site all surplus materials, tools, equipment, rubbish and debris resulting from the work in conformance with Subsection 7-8 of the Standard Specifications. ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 — IRRIGATION PART 1 - GENERAL 1.01 SCOPE OF WORK: A. 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. B. Related work in other sections: 1. Landscape Planting 2. Landscape Maintenance 1.02 QUALITY ASSURANCE AND REQUIREMENTS: A. Permits and Fees: 1. The Contractor shall obtain and pay for any and all permits and all inspections as required. B. Manufacturers Directions: 1. Manufacturers 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. C. Ordinances and Regulations: 1. All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. Page 22 of 76 D. Contractor Responsibilities: 1. A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in the English language. 2. The Contractor shall train each person in techniques for making correct solvent and rubber gasket joints prior to their performing work on the site. 3. The Contractor shall protect work and materials from damage during construction and storage. Polyvinyl chloride, (PVC) pipe and fittings shall be protected from dirt and sunlight. 4. The Contractor shall assume responsibility for damage to existing construction and shall restore damaged property to the original condition to the satisfaction of the City. 5. The Contractor shall handle plastic pipe and fittings carefully and store undercover to avoid UV or other damage. 6. Immediately notify the City in case of discrepancies. 7. Do not proceed with installation in areas of discrepancy until all such discrepancies have been resolved. If the Contractor provides and installs material or performs work without resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re -installation of such areas until all discrepancies are resolved to the City's satisfaction. E. Site Safety: 1. Erect and maintain barricades, warning signs, lights and/or guards as necessary or required to protect all persons on the site. F. Explanation of Drawings: 1. Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are 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. Page 23 of 76 2. All work called for on the drawings by notes or details shall be furnished and installed whether or not specifically mentioned in the specifications. 3. 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 City Inspector. In the event this notification is not performed, the irrigation contractor shall assume full responsibility for any revisions necessary to correct these discrepancies. 1.03 SUBMITTALS: A. Material List: 1. The Contractor shall furnish the articles, equipment, materials, or processes specified by name in the drawings and specifications. No substitutions shall be allowed without prior written approval the City Inspector. 2. 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 Febco 860 2" 2. Pop-up Spray Head Rainbird 1806 NA 3. Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. B. Substitutions: 1. The contractor may submit proposed substitutions for equipment and materials listed on the irrigation plans in the following manner. The landscape contractor shall submit to the City Inspector for approval on a separate sheet of contractor's letterhead paper the following: a. A statement indicating the reason for making each individual proposed substitution(s). Page 24 of 76 b. Provide descriptive catalog literature, performance charts and flow charts as required for each item the contractor proposes to substitute, including the sales/manufacturer's regional telephone number. C. Provide the amount of cost savings or overage if the proposed substitute item is approved. 2. Substituted equipment of materials installed or furnished without prior approval of the City Inspector may be rejected and the Contractor required to remove such materials from the site at his own expense. The City shall have the sole discretion in accepting or rejecting any proposed substitution. 3. 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. 4. Manufacturers warranties shall not relieve the Contractor of his liability under the guarantee. Such warranties shall only supplement the guarantee. 5. Manufacturers warranty is required on any product offered. 6. If, in the opinion of the City, 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. C. Updated Controller Charts: 1. Record drawings shall be evaluated by the Landscape Architect and/or City Inspector before controller charts are prepared. 2. Provide two (2) controller charts for each controller, unless otherwise directed by the City Inspector. 3. The chart shall show the area controlled by each automatic controller and shall be sized ''/2' smaller than the controller door on all sides. 4. The chart is to be a reduced drawing of the actual record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable when the final controller chart is completed. 5. The chart shall be at least a 30# presentation bond copy. A Page 25 of 76 differing color shall be used to indicate each valve and the same color used to identify the area of coverage for that valve. 6. When completed and approved, the chart shall be hermetically sealed by a plastic lamination process. The plastic laminating sheets shall each be a minimum of 20 mil. thick. 7. Controller charts shall be completed and approved prior to final inspection of the irrigation system. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Handling of PVC Pipe and Fittings: 1. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. All PVC pipe shall be transported in a vehicle which allows the length of pipe to lie flat so as not to subject it to undue bending or concentrated external load at any point. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new pipe. A. 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 City or his representative prior to acceptance of the irrigation system. B. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. C. The beginning date of the one year guarantee shall be from the written final acceptance date established by the City at the end of the Maintenance Phase. If no Maintenance Phase is included in the contract, the beginning date shall be from the acceptance date established by the City at the end of the Construction Phase. D. 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 Page 26 of 76 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 City after receipt of written notice form the City. All repair work shall completed to the satisfaction of the City. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the City, we authorize the City to proceed to have said repairs or replacements made at our expense. We will pay the costs and charges therefore upon demand. Any temporary repairs made by others to keep the irrigation system operable, does not void or relieve the Contractor of his responsibilities during the guarantee period. PROJECT: ADDRESS: LOCATION: SIGNED: ACCEPTANCE: SIGNED: PHONE: PART 2 — PRODUCTS 2.01 MATERIALS: A. General: Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. B. PVC Non -Pressure Lateral Line Pipe: 1. Non -Pressure buried lateral line pipe shall be PVC Schedule 40 with solvent -weld joints. 2. 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. 3. Except as noted in paragraphs 1 and 2 of this section, 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. C. Threaded Nipples: Threaded nipples shall be standard weight, schedule 80, grey, with molded threads. Page 27 of 76 2. Assemble threaded fittings using teflon tape applied to male threads only. D. Joint Primer: 1. Type as recommended by manufacturer of pipe. E. Joint Cement: 1. Solvent type as recommended by manufacturer. F. Ball Valves: 1. Shall be as specified on plans. G. Electric Remote Control Valves: 1. Electric control valves shall be of the size and type shown on the drawings. 2. Unless otherwise noted on plan or construction details, all electric control valves shall have a manual flow adjustment. 3. Provide and install one control valve box for each electric control valve. 4. Provide and install Christy tags with valve sequence for each valve. H. Valve Boxes: 1. Ball Valves: Use 10" diameter x 10-1/4" round boxes, Carson industries #910-12B with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. 2. Electric Control Valves: Use 12"x17"x7" deep rectangular boxes, Carson Industries #1419A -12B with green bolt down cover or approved equivalent. 3. Pull Boxes: Pull boxes shall be 10" top diameter, 13" bottom diameter and 10-1/4" deep round box with lock bolt cover. Box shall be green in color. 4. Identification numbers and letters shall be branded onto the box lids in 2 inch high letters and numbers as follows: a. Remote Control Valves — "RCV+Controller Designaton Letter + Valve Number", ie, "RCV-A13". Page 28 of 76 5. Vehicle traffic area boxes shall be concrete with cast-iron lid designed for vehicle traffic use. 1. High Voltage Wiring: 1. 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. J. Control Wiring: 1. Connections between the automatic controllers and the electric control valves shall be made with direct burial copper wire AWG -UF 600 volt. Pilot wires sharing the same automatic controller shall be the same color. Common wire shall be white in color. Provide different colors for each controller installed on the same project. Install wire in accordance with valve manufacturers specifications and wire chart. In no case shall wire size be less than #14. Wire sizes shall be 14 ga. up to 4,000' from valve to controller. 2. Wiring shall occupy the same trench and shall be installed along the same route as pressure supply or lateral lines wherever possible. 3. Where more than one wire is placed in a trench, the wiring shall be secured together with vinyl cable ties at intervals of ten (10) feet, and placed under the pipe for protection from shovels. 4. An expansion curl shall be provided within three (3) feet of each wire connection. The expansion curl shall be of sufficient length at each splice connection at each electric control valve so that in case of repairs, the valve bonnet may be brought to the surface without disconnection of the control wires. Control wires shall be laid loosely in the trench without stress or stretching of control wire conductors. 5. All splices shall be made with Scotch Lok, Connnector Kings, or King "One -Step" wire connectors. Use one wire connector per wire splice. An expansion loop of 18 inches shall be provided at each wire connection and/or directional turn. 6. Field splices between the automatic controller and electric control valves will not be permitted without prior approval of the City Inspector. 7. All extra valve wires and the common wire, shall extend from the controller to a pull box at the farthest valve location for future or spare wires as denoted on plans. Page 29 of 76 K. Cable: 1. All data communications wire connecting flow sensors to the electronics that are buried below grade, with or without conduit, shall be constructed to direct burial specifications similar to Telecommunications Exchange Cable (REA PE -89). 2. 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 black high-density polyethylene jacket. The cable should be equivalent to Belden No. 9883 or Anxiter E-000319DFC. 3. 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. 4. sprinkler body. PART 3 — EXECUTION 3.01 INSPECTION: A. Site Conditions: 1. All scaled dimensions are approximate. The Contractor shall check and verify all site dimensions. 2. 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. 3. 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. 4. 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. Page 30 of 76 5. 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. 6. Grades shall be within a tolerance of +/- 0.10 foot prior to installing irrigation systems. A. Physical Layout: 1. The irrigation lines as indicated on the drawings are diagrammatic. All piping and equipment shall be installed within the project boundaries, even if shown outside the boundaries on the drawings. Equipment or piping shown outside the boundaries on the drawings is for design clarity only. Install all piping and equipment within planting areas. 2. 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 City Inspector immediately if obstructions prevent routing as denoted on plans. 3. Lay out irrigation heads and make any minor adjustments required due to differences between actual site conditions and the drawings. Adjustments shall be maintained within the original design intent and only after receiving approval from the City Inspector. Do not exceed the maximum or minimum spacing indicated by the manufacturer. B. Water Supply: 1. Sprinkler irrigation system is existing. C. Electrical Supply: 1. Electrical points of connection are existing. 3.03 INSTALLATION: A. Trenching: 1. Dig trenches straight to support pipe continuously on bottom of the trench. Lay pipe to an even grade. Trenching excavation shall Page 31 of 76 follow layout indicated on the drawings or as noted a. Provide for a minimum of eighteen- (18) inches cover for all pressure supply lines. b. Provide for a minimum of twelve- (12) inches cover for all non -pressure lateral lines. C. Provide for a minimum of eighteen- (18) inches cover for all control wiring. d. Refer to civil engineer's plans for boring or trenching across paving or under streets. B. Backfilling: 1. The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large clods of earth, stones, asphalt, concrete or other construction or organic debris such as plant refuse.. Backfill shall be mechanically compacted in landscaped areas to a dry density equal to adjacent undisturbed soil in planting areas. Backfill will conform to adjacent grades without dips, sunken areas, humps or other surface irregularities. 2. A fine granular material backfill will be initially placed on all lines. No foreign matter larger than one-half (112) inch in size will be permitted in the initial backfill. 3. 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. C. Assemblies: 1. Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various assemblies), in such a manner as to conform to the details on the drawings. 2. Install no multiple assemblies on plastic lines. Provide each assembly with it's own outlet. 3. Install all assemblies specified herein in accordance with respective detail. In the absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with the best standard practice and with the manufacture's specifications. PVC pipe and fittings shall be Page 32 of 76 thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. 4. On PVC to metal connections, the Contractor shall work the metal connections first. Teflon tape shall be used on male threads on all threaded PVC to PVC, and on all threaded PVC to brass pipe connections. Red lead and boiled linseed oil shall be applied to male threads on all galvanized pipe connections. Light wrench pressure is all that is required. Where threaded PVC connections are required, use threaded PVC adapters into which the pipe may be welded. 5. Open pipe or tubing ends shall be taped closed during installation to prevent any foreign matter from entering the system. D. Line Clearance: 1. All lines shall have a minimum clearance of six (6) inches from each other and from lines of other trades. Parallel lines shall not be installed directly over one another. In case of reclaimed water crossings, refer to local cross connection details and codes. 2. Place location tape 6" above all mainline piping, low voltage and high voltage wiring. E. Remote Control Valves: 1. 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. Square boxes with adjacent paving in a neat manner, squared to the walk and each other. Allow a minimum of 12" between valve boxes if grouped together. F. Flushing of System: 1. After all new sprinkler pipe lines and risers are in place and connected, and all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened and a full head of water used to flush out the system. 2. Sprinkler heads shall be installed only after flushing of the system has been accomplished. G. Sprinkler Heads: 1. Install the sprinkler heads or emitters as designated on the Page 33 of 76 drawings. Sprinkler heads and/or emitters to be installed in this work shall be equivalent in all respects to those itemized on the drawings. 2. Spacing of sprinkler heads and/or emitters shall not exceed the maximum as indicated on the drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. 3.04 TEMPORARY REPAIRS: A. 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. 3.05 FIELD QUALITY CONTROL: A. Adjustment of the System: 1. The Contractor shall flush clean and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways and buildings as much as possible. 2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting at the contractor's cost. Adjustments may also include changes in nozzle sizes and degrees of arch as required. 3. Lowering or raising of sprinkler heads by the Contractor shall be accomplished within five (5) days after notification by the City Inspector. 4. All sprinkler heads shall be set perpendicular to finished grade unless otherwise designated on the plan. B. Testing of Irrigation System: 1. The Contractor shall request the presence of the City Inspector at the intervals listed below in advance of any testing. 2. The Contractor shall provide "walkie-talkies' for communication from the review area to the controller location. 3. The Contractor shall provide current record drawings at each review. 4. 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. Page 34 of 76 5. 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. 6. All hydrostatic tests shall be made in the presence of the City Inspector. The test may be made in the presence of the General Contractor's superintendent only if written acceptance of the test is forwarded to the City and City Inspector immediately after testing. No pipe shall be backfilled until it has been observed, tested with all couplings exposed and all pipe sections center loaded, and approved in writing. 7. The Contractor shall make all necessary provisions for thoroughly bleeding the line of air and debris. 8. When the sprinkler irrigation system is completed, perform a coverage test in the presence of the City Inspector, 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. 9. Upon completion of each phase of work, the entire system shall be tested and adjusted to meet site requirements to the satisfaction of the City Inspector. 3.06 MAINTENANCE: A. The entire sprinkler irrigation system shall be under full automatic operation prior to any planting. B. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction and Maintenance Phases or work. 3.07 CLEAN-UP: A. Clean up shall be made as each portion of work progresses. Refuse and excess dirt shall be removed from the site, all walks and paving shall be broomed or washed down, and any damage sustained on the work or others shall be repaired to original conditions. 3.08 FINAL OBSERVATION PRIOR TO ACCEPTANCE: A. The Contractor shall operate each system in its entirety for the City Inspector at the time of final observation at the end of the Maintenance Phase. Any items deemed not acceptable by the City Inspector shall be reworked to the complete satisfaction of the City Inspector. B. The Contractor shall show evidence to the City Inspector that the City has Page 35 of 76 received all accessories, charts, record drawings and equipment as required before the final observation can occur. 3.09 OBSERVATION SCHEDULE: A. The contractor shall be responsible to establish a schedule of observations with the proper City staff. ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 - TREES, SHRUBS, & GROUND COVER 101 4 riQe700110 721 1.01 DESCRIPTION A. Related Requirements: Review the Contract General Provisions and Division One, General Requirements, of these Special Provisions, which contain information and requirements that apply to this Section. B. Work Included. Excavation of plant pits and beds Provide plant materials and related items Finish grading of planted areas Warranty and replacements C. Related Work in Other Sections: Earthwork and Topsoil Placement - Subsection 308-2 Planting - Subsection 308-4 Irrigation System Installation- Subsection 308-5 Maintenance and Plant Establishment - Subsection308-6 1.02 QUALITY ASSURANCE A. Requirements of Regulatory Agencies: All work and materials shall be in full accordance with latest rules and regulations of safety orders of Division of Industrial Safety and all other applicable laws and regulations of the City of Newport Beach, California. B. Applicable Standards: All references to the Standards as described below shall mean the current or latest editions: • "Standard Specifications" - Standard Specifications for Public Works Construction • "ASTM" - American Society for Testing and Materials. • "DIS" - Division of Industrial Safety. Page 36 of 76 Apply standards for plant materials as described in the following: 1. An Annotated Checklist of Woody Ornamental Plants of California, Oregon and Washington, (Number 4091), McClintock and Leiser, Division of Agricultural Sciences, University of California, 1979. 2. American Standard for Nursery Stock, 1980 Edition, American Association of Nurserymen, Inc. 3. Hortus /// - 1976 Edition, Bailey Horatorium, Cornell University. C. Certificates: 1. Submit certificates of inspection required by law for transportation of each shipment of plants along with invoice. 2. File copies of certificates after acceptance of material. Inspection by Federal or State Governments at place of growth does not preclude rejection of plants at project site. 1.03 JOB CONDITIONS A. Protection of Existing Plants to Remain: See - "Site Demolition" of these Special Provisions and Subsections 7-9 and 300-1.1 of the Standard Specifications. 1. Operations: Do not store materials or equipment, permit burning, or operate or park equipment under the branches of all existing plants to remain except as actually required for construction in those areas. 2. Barriers: Provide barricades, fences or other barriers as necessary at the drip line to protect existing plants to remain from damage during construction. 3. Notification: Notify City Engineer when Contractor feels other construction activities may damage existing plants to remain. B. Replacement of Damaged Plants: 1. Replacement: Replace existing plants to remain which are damaged during construction with accepted plants of the same species and size as those damaged at no cost to City of Newport Beach in conformance with Subsection 7-9 of the Standard Specifications 2. inspection: City Engineer shall determine extent of damage and value of damaged plants. 1.04 SUBMITTALS A. Samples: Submit prior to delivery to site. Attach product name, address of manufacturer and/or supplier to each sample. 1. Tree and Shrub Planting Fertilizer: '/_- pint. 2. Tree Ties: One (1) for each type (sample). 3. Wood Chip Mulch: One (1) gallon (sample). Page 37 of 76 B. Product Data: Manufacturer's current specifications. Catalog cuts, data sheets and installation instructions. C. Test Reports: Three (3) copies to be sent by testing laboratory directly to City Engineer. D. Submittal Schedule: All products in this section which is required for submittal shall be included in one Division Two submittal package. E. Shop Drawings: Locations of fences and/or barriers at drip lines of existing trees/plants to remain. 1.05 WORK SCHEDULE: Proceed with the work as rapidly as the site becomes available, consistent with normal seasonal limitations for planting work. 1.06 SELECTION, TAGGING AND ORDERING OF PLANT MATERIAL A. Documentation: Submit documentation within 30 -days after award of Contract that all plant materials have been ordered. Arrange procedure for review of plant materials at time of submission. B. Review: Submit a written request for review of plant materials and quantity at place of growth at least ten (10) working days prior to shipment to site. The City Engineer reserves the right to refuse review at this time if, in the City Engineer's judgment, a sufficient quantity of plants is not available. C. Tagging: Landscape Contractor shall accompany the City Engineer and Landscape Architect for all reviews and tagging plants at place of growth and upon delivery for conformity to specifications. D. Distant Material: Submit photographs with a person adjacent to plants for preliminary review. Should the contractor desire the City Inspector to inspect the plant material at the nursery prior to delivery, the Contractor shall notify the City Inspector one week prior to this requested inspection. The City Inspector shall invoice the Contractor for the inspection on an hourly basis, portal to portal, including any other expenses incurred. All such invoices shall be paid to the City Inspector prior to any other inspections by the City Inspector to the project site. Such review shall not impair the right of review and rejection during progress of the work. E. Unavailable Material: If proof is submitted that any plant specified is not obtainable, a proposal will be considered for use of the nearest equivalent size or variety with corresponding adjustment of Contract price. Substantiate such proof in writing no later than 30 -days after award of contract. F. Special Conditions: The above provisions shall not relieve Contractor of the responsibility of obtaining specified materials in advance if special Page 38 of 76 growing conditions or other arrangements must be made in order to supply specified materials. 1.07 PRODUCT DELIVERY, STORAGE AND HANDLING A. Labeling: Furnish standard products in manufacturer's standard containers bearing original labels legibly showing quantity, analysis, genus/species and name of manufacturer/grower. B. Storage: Store products with protection from weather or other conditions which would damage or impair the effectiveness of the product in conformance with Subsections 4-1 of the Standard Specifications. Protect metal containers from sun during summer months with temperatures above 80 degrees F. C. Handling: Do not lift or handle container plants by tops, stems or trunks at any time. Do not bind or handle plants with wire or rope at any time. D. Anti -Desiccant: At Contractor's option, spray all evergreen or deciduous plant material in full leaf immediately before transporting with anti - desiccant. Apply an adequate film over trunks, branches, twigs and foliage. 1.08 ANALYSES OF SAMPLES AND TESTS A. Sampling: City Engineer reserves the right to take and analyze samples of materials for conformity to specifications at any time. Furnish samples upon request. B. Rejected Materials: Remove rejected materials immediately from the site at Contractor's expense. Pay cost of testing of materials not meeting specifications. 1.09 ESTABLISHMENT PERIOD AND FINAL ACCEPTANCE: See - "Landscape Establishment and Maintenance" of these Special Provisions. 1.10 WARRANTY PERIOD A. Warranty: Warrant in writing that all trees planted under this Contract will be healthy and in flourishing condition of active growth one (1) year from date of Final Acceptance. B. Delays: All delays in completion of planting operations which extend the planting into more than one (1) planting season shall extend the Warranty Period correspondingly. C. Condition of Plants: Plants shall be free of dead or dying branches and branch tips, with all foliage of a normal density, size and color. Page 39 of 76 D. Replacements: As soon as weather conditions permit, replace, without cost to City of Newport Beach all dead plants and all plants not in a vigorous, thriving condition, as determined by City Inspector during and at the end of Warranty Period. E. Exclusions: Contractor shall not be held responsible for failures due to neglect by City of Newport Beach, vandalism, etc., during Warranty Period. Report such conditions. 1.11 REPLACEMENTS A. General: 1. Plant materials exhibiting conditions which are determined by the City Engineer as being unacceptable due to workmanship by the Contractor shall be repaired and/or replaced at no additional cost to the City of Newport Beach in conformance with Subsection 4-1 of the Standard Specifications. 2. Closely match replacements to adjacent specimens of the same species. Apply all requirements of this Specification to all replacements. B. Replacement Quantities: Contractor shall be held responsible for a maximum of two replacements for each failed tree after final acceptance during warranty period. JG1 r►.n'7Z�] 7tL�i r. 2.01 PLANT MATERIALS A. General: 1. Growing Conditions: Plants shall be nursery -grown in accordance with good horticultural practices under climatic conditions similar to those of project for at least two years and shall conform to the requirements of Subsection 212-1.4, unless otherwise specifically authorized. 2. Appearance: All plants shall be exceptionally heavy, symmetrical, tightly knit, so trained or favored in development and appearance as to be superior in form, number of branches, compactness and symmetry. 3. Vigor: Plants shall be sound, healthy and vigorous, well branched and densely foliated when in leaf. They shall be free of disease, insect pests, eggs, or larvae. They shall have healthy, well-developed root systems. Plants shall be free from physical damage or adverse conditions which would prevent thriving growth. Page 40 of 76 4. Container Stock: Verify that all container stock has been grown in the containers in which delivered for at least six (6) months, but not over two (2) years. Samples must prove to be free of kinked, circling or girdling roots and with no evidence of a pot-bound condition. Do not install container plants that have cracked or broken balls of earth when taken from container. B. Measurements: 1. General: Measure plants when branches are in their normal upright position. Height and spread dimensions specified refer to main body of plant and not branch tip to tip. Take caliper measurement at a point on the trunk six (6) inches above natural ground line for trees up to four (4) inches in caliper and at a point 12 -inches above the natural ground line for trees over four (4) inches in caliper. 2. Size Range: If a range of size is given, do not use plant materials less than the minimum size. Not less than 40% of the plants shall be as large as the maximum size specified. The measurements specified are the minimum size acceptable and are the measurements after pruning, where pruning is required. Plants that meet the measurements specified, but do not possess a normal balance between height and spread shall be rejected. 3. Substitutions: Substituted plants shall be true to species and variety and shall conform to measurements specified except that plants larger than specified may be used if accepted. Use of such plants shall not increase Contract price. If larger plants are accepted, increase the ball of earth in proportion to the size of the plant. C. Pruning: Do not prune plants before delivery. For pruning after installation, see - "Landscape Establishment and Maintenance" of these Special Provisions. D. Condition: Trees which have multiple leaders, unless specified, or damaged or crooked leaders will be rejected. Trees having a main leader shall not have been headed back. Trees with abrasions of the bark, sunscaids, disfiguring knots, or fresh cuts of limbs over 3/ -inch which have not completely callused, will be rejected. 2.02 BACKFILL MIX FOR ON -GRADE PLANT PITS: See - "Soil Preparation" of these Special Provisions. 2.03 COMMERCIAL FERTILIZERS: See - "Soil Preparation" of these Special Provisions. 2.05 WATER A. Clean, fresh and potable, furnished and paid for by Contractor. Page 41 of 76 B. Transport as required. 2.06 WOOD CHIP MULCH A. Ground tree and shrub trimmings, zero (0) inch to two (2) inches diameter free of sticks, dirt, dust and other debris, as accepted. B. Manufacturer: Whittier Fertilizer of Whittier, CA Telephone: (310) 699- 3461. 2.07 ANTI -DESICCANT A. Anti -desiccants for retarding excessive loss of plant moisture and inhibiting wilt shall be sprayable, water insoluble vinyl-vinyledine complex which will produce a moisture retarding barrier not removable by rain. B. Wilt-pruf Formula NCF as manufactured by Nursery Specialty Products, Greenwich, Connecticut, or accepted equal. PART 3 - EXECUTION 3.01 PREPLANT REVIEW A. General: Do not commence planting work prior to acceptance of soil preparation. B. Finish Grades: Finish grades for all planting areas shall have been established in another section. Verify that all grades are within one (1) inch plus or minus of required finish grade and that all soil amendments have been installed as specified under "Soil Preparation" of these Special Provisions. C. Notification: Submit written notification of all conditions inconsistent with specifications for soil preparation and mixing as described in "Soil Preparation" of these Special Provisions. 3.02 DRAINAGE OF PLANTING AREAS A. Surface Drainage: Maintain positive surface drainage of planted areas as established under "Landscape Grading" of these Special Provisions. B. Discrepancies: Submit in writing, all discrepancies in the Drawings or Specifications, obstructions on the site, or prior work done by others, which Contractor feels precludes maintaining proper drainage; include description of all work required for correction or relief of said discrepancies. Page 42 of 76 C. Detrimental Drainage, Soils and Obstructions: 1. Notification: Supply written notification of all conditions detrimental to growth of plant material. State condition and submit proposal and cost estimate for correcting condition. 2. Testing: Test drainage of plant beds and pits by filling with water twice in succession. Give written notification of conditions permitting the retention of water in planting beds for more than 24 - hours. 3. Correction: Submit for acceptance a written proposal and cost estimate for the correction before proceeding with work. 4. Obstructions: If rock, underground construction work, tree roots or other obstructions are encountered in the excavation of plant pits, alternate locations may be used as directed. Where locations cannot be changed, submit cost required to remove the obstructions to a depth of not less than six (6) inches below the required pit depth. Proceed with work after acceptance. 3.03 LAYOUT AND EXCAVATION OF PLANTING AREAS A. Layout and Staking: Lay out plants at locations shown on Drawings in conformance with Subsection 308-4.2 of the Standard Specifications. Use color -coded wire flags for each species of plant material. Stake each tree, vine and major shrub. Outline shrub and ground cover beds with lime. Locations of plants will be checked in the field by the City Engineer and Landscape Architect and shall be adjusted to exact position before planting begins. Right is reserved to refuse review at this time if, in the Engineers opinion, a sufficient quantity of plants is not available. B. Plant Pits: Excavate the planting pits for trees and shrubs which shall be minimum twice the diameter and equal to the depth of the root ball. 3.04 PLANTING OPERATIONS A. General: Planting work shall conform to the requirements of Subsection 308-4 of the Standard Specifications and as contained herein. 1. Protect plants at all times from sun or drying winds. 2. Keep plants that cannot be planted immediately upon delivery in the shade, well -protected and well -watered. B. Handling of Plant Materials: 1. Remove canned stock carefully after cans have been cut on two sides with accepted cutter. Do not use spade to cut cans. 2. Lift and handle plants only from the bottom of the ball. If rootball is cracked or broken during handling, plant shall be rejected. 3.07 MULCHING Page 43 of 76 A. Install a two (2) inch minimum deep layer of mulch over all flat shrub areas including tree and shrub watering basins on slopes. 3.08 GROUND COVER PLANTING A. Tilling: Surface soil in areas to be planted with ground cover shall be tilled in conformance with Subsection 308-2.3 of the Standard Specifications. Planting soil amendments should be uniformly broadcast and thoroughly incorporated to a depth of eight (8) inches by means of rototiller or equal. B. Planting: Plant ground cover plants at optimum depth for proper growth. Avoid air pockets. Equally space triangularly, at distances called for in the Drawings. C. Watering: Water bed thoroughly after fertilizer application. Wash all fertilizer from leaves of plant materials. 3.09 CLEAN UP A. General: Keep all areas of work clean, neat and orderly at all times in conformance with Subsection 7-8 of the Standard Specifications. B. Debris: Upon completion of work, remove off the site all surplus materials, tools, equipment, rubbish and debris resulting from the work in conformance with Subsection 7-8 of the Standard Specifications. ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 —LAWNS AND GRASSES (PLUGS) PART 1 — GENERAL 1.01 SUMMARY A. This Section includes materials, labor, apparatus, tools, equipment, temporary construction, transportation, and services necessary for and incidental to performing the proper completion of Work, as required to make a complete Ornamental Grass (via sown plugs) installation, as shown on the Contract Drawings, and as specified herein this Section. B Work under this Section consists of, but is not necessarily limited to, furnishing and installing the following: 1. Sown Ornamental Grass (via Plugs). C. Related Sections. The following Sections contain requirements that relate to Work in this Section: 1. Section 312219 — Landscape Grading. Page 44 of 76 2. Section 329113 — Soil Preparation. 3. Section 329813 — Landscape Establishment Period. 1.02 DEFINITIONS AND APPLICABLE STANDARDS A. Definitions: 1. Plant Material(s): Refers to living plant species, inclusive of ornamental grass (via sown plugs) for the Project. 2. Planting Area (PA): As denoted on the Contract Drawings, shall refer to areas to be installed with Plant Material(s), or areas where existing vegetation shall be protected. B. Reference Standards: 1. An Annotated Checklist of Woody Ornamental Plants of California, Oregon, and Washington, (Number 4091), McClintock and Leiser, Division of Agricultural Sciences, University of California, 1979. 2. American National Standard for Nursery Stock (ANS/ Z60.1). American National Standards Institute, and American Association of Nurserymen, Latest edition, 3. American Joint Committee on Horticultural Nomenclature, 1942 Edition of Standardized Plant Names. 4. Hortus //1, 1976 Edition, Liberty Hyde Bailey Hortorium, Cornell University. 5. The Hillier Gardener's Guide to Trees and Shrubs, 4th Edition, 1978. 6. Manual of Cultivated Conifers, Den Ouden & Boon, 1978. 7. Datascape Guide to Commercial Nomenclature, American Nurserymen Publishing Co., Chicago, IL, 1994. 8. American National Standard for Tree Care Operation, Tree, Shrub, and Other Woody Plant Maintenance (ANSI A300), American National Standards Institute, Latest Edition. C. Measurements: 1. SQ/FT: Measurement, in square -foot. 2. O.C.: Measurement used for On -Center spacing. 1.03 SUBMITTALS A. General: Submit each item in this Article in four (4) bound Submittal Booklets. B. Each Submittal Booklet under this Section shall be tabbed into specific sections, containing clearly identified (through yellow highlighter or other identification methods) and legible information on the following landscape information indicated in this Article: 1. Product Data: Manufacturer's current catalog cuts and specifications for materials included herein this Section. 2. Certifications: a). Certificates of inspection as required by law for transportation of each shipment of plant material as required. 3. Delivery Tickets: As requested, signed and stamped original delivery tickets of each material delivered to Project Site. Page 45 of 76 C. Samples: (Not Required) D. Submittals under this Article will be rejected and returned without the benefit of review by the Landscape Architect if they are difficult to read due to insufficient scale, poor image quality, or poor drafting quality; or if the required information is missing or not presented in the format as requested. E. No Work shall proceed under this Section until Submittal requirements indicated herein have been reviewed accordingly by the Landscape Architect. 1.04 QUALITY ASSURANCE & CONTROL A. Installer Qualifications: 1. Requirement: Valid California C-27 (Landscaping Contractor) License. 2. Installer's Field Supervision: Require Installer to maintain an experienced full- time supervisor on the Project site during times that installations under this Section are in progress. B. Observation: Landscape Architect may observe installation Work herein this Section at Project Site for compliance with requirements for type, size, and quality. Landscape Architect retains right to observe installation of products for defects and to reject unsatisfactory or defective material or installation at any time during progress of Work. Contractor shall remove rejected Work immediately from Project site. 1.05 DELIVERY, STORAGE, AND HANDLING A. Plugs: 1. Harvest and Delivery: Deliver only as much plugs as can be installed in one (1) day's work. 2. Review: Plugs not transplanted within this time period shall be reviewed by the Landscape Architect prior to installation. 1.06 PROJECT SITE CONDITIONS A. General Requirements: Installation under this Section shall be performed only during the time of day and during seasons when satisfactory results can be expected, unless authorized by the Landscape Architect. I. Plugs: Install immediately after finish grading and irrigation installation are accepted. B. Climate Restrictions: Do not install Plant Materials under this Section during rainy or inclement weather. 1.07 SUBSTITUTIONS Page 46 of 76 A. Consideration: Materials to be considered equal to the Materials indicated herein this Section shall be reviewed by the Landscape Architect. Materials with equal performance characteristics produced by other Manufacturer's and/or Distributors may be considered, providing deviations in dimensional size, color, composition, operation, and/or other characteristics do not change the design concept, aesthetic appearance, nor intended performance, as solely judged by the Landscape Architect. The burden of proof on product equality is on the Contractor. B. Specific reference to Manufacturer's names and products specified herein are used as standards of quality. This implies no right to the Contractor to substitute other materials without prior written approval by the Landscape Architect for Work under this Section. C. Materials substituted and installed by the Contractor, without prior written approval by the Landscape Architect, may be rejected. Contractor shall not be entitled to be compensated by the Owner where the Contractor has installed rejected substitutions without receiving prior written approval. D. Contract Price: Substituted Materials under this Section shall not increase the Contract price. 1.08 WARRANTY A. Time Period: Warrant Plant Materials under this Section are established and in a healthy and flourishing condition of active growth six (6) months from date of Final Acceptance. B. Appearance During Warranty: Plug areas shall be free of dead or dying patches, and shall show foliage of a normal density, size and color. C. Delays: Delays caused by the Contractor in completing planting operations under this Section which extend the planting into more than one (1) planting season shall extend the Warranty Period correspondingly. D. Coverage: Warrant growth and coverage of Plug installation to the effect that a minimum of 90% of the area planted shall be covered and of acceptable appearance with the specified planting after one (1) growing season, with no bare spots. 1. Exceptions: Contractor shall not be held responsible for failures due to neglect by Owner, vandalism, or natural disaster during Warranty Period. Report such conditions in writing. 1.09 FINAL ACCEPTANCE AND LANDSCAPE ESTABLISHMENT PERIOD A. Refer to Section 329813 — Landscape Establishment Period. PART 2 -PRODUCTS Page 47 of 76 2.01 ORNAMENTAL GRASS MATERIALS (PLUGS) A. General: 1. Provide plug installation of Ornamental Grass areas as designated on the Contract Drawings. B. Ornamental Grass Plug Material: 1. Plugs shall consist of live, growing, mature nursery -grown field stock, and shall arrive with a lush appearance, uniform texture, and a deep green color typical of the selected ornamental grass species. 2. Plugs shall contain a healthy, virile root system of dense, strong, thickly matted roots throughout, with no dead or dry edges, and capable of vigorous growth and development when planted. Plugs shall be sufficiently dense to bear handling and placement without tearing. 3. Plugs shall be free of thatch, diseases, and harmful insects, and reasonably free from noxious or broadleaf weeds or other grasses, and shall not contain any other matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted. a). Entire lot of Plugs shall be rejected if found to contain the following weeds: common Bermuda grass, quackgrass, nutgrass, johnsongrass, poison ivy, nimbleweed, thistle, bindweed, bentgrass, perennial sorrel, or bromegrass. 4. Ornamental Grass Plug Species: a). Type: As indicated on the Contract Drawings. Plugs to be acquired through pre -arranged contract -grown nursery source. Contact City of Newport Beach for source. 2.02 FERTILIZERS A. Fertilizer Tablet: General: Fertilizer Tablet shall be a 7 -gram tablet, organic -based, tightly compressed chip -type commercial grade, 12 -month slow-release planting tablets, and shall be composed of the following available percentages by weight of plant food: Element/Material Targeted Property Range Nitrogen N 12.0% minimum Phosphoric acid (as 8.0% minimum P2O5 Potash as K2O 8.0% minimum Humus 20.0% minimum Humic Acids w/ 4.0% minimum micronutrients and soil enhancers Page 48 of 76 2. Commercial -Grade Products & Manufacturers: Subject to compliance with requirements, provide products by one (1) of the following: a). Gro -Power 12-8-8 Planting Tablets, Gro -Power, Chino, CA 909-393- 3744. b). Application Rate: As indicated herein Part III this Section, or equal, as approved by the Landscape Architect. PART 3 — EXECUTION 3.01 EXAMINATION A. Verification of Conditions: 1. Grades: Verify that grades are within one -inch (1 ") plus or minus (+/-) of the required finished grades. Verify that applicable soil preparation has been installed under other Sections of the Contract Specifications. Report all variations in writing. 2. Irrigation System: Verify that the irrigation system is installed and 100% coverage of the subject area is complete, tested, and in full working order. Complete installation of the irrigation system is a prerequisite for commencing work under this Section. 3. Stones, Weeds, and Debris: Verify that planting areas under this Section are clear of stones larger than 1-1/2 in. diameter, and that weeds, debris and other extraneous materials have been removed prior to installation. A. Limit sub -grade preparation to areas that will be planted in the immediate future. B. Excessive Soil Moisture: Do not commence Work under this Section when Soil Moisture Content is so great that excessive compaction to the soil will occur during installation. City and/or Landscape Architect shall be the sole judges as to a acceptable soil moisture content. C. Inadequate Soil Moisture: Apply water, in quantity as necessary, to bring soil to a optimum moisture content for installation under this Section. Do not work soil when it is so dry that dust will form in air or where clods will not readily break apart. 3.03 ORNAMENTAL GRASS PLUG INSTALLATION A. Delivery: Plugs shall be delivered and installed at the Project Site within twenty-four (24) hours after leaving nursery. Plugs not installed within this time period shall be inspected and approved or rejected by the Landscape Architect. B. Protection: Protect root system of the plugs from exposure from the weather, including dehydration, contamination, and heating during transportation to the Page 49 of 76 site and delivery. In hot, dry, or windy weather conditions, plugs at the Project Site shall be lightly sprinkled with water to prevent plug edges from drying out. C. Allowance Period for Soil Settlement: Ornamental Grass plug installation shall be started only after soil preparation and finish grading has been completed and soil has been permitted to settle under full irrigation during deep -water leaching operations for a minimum of one (1) week. D. After Allowance Period of Soil Settlement has expired, the areas to be plugged shall be loosened to a depth of two -inches (2"), raked, and floated to the final finished grade by a standard acceptable method. Finished areas shall be kept moist, even, and smooth, free from ridges and depressions, rocks, debris, and dirt clods, and reasonably well firmed. E. Compaction and Final Grading: Contractor shall provide plug beds that will not "footprint". Lightly rake and roll soil with two -hundred (200) pound water - ballast roller (filled 1/3 — 1/2 full), and bring level firm to finish grade. Final rolling shall be at right angles to slopes to prevent erosion. Sub -soil finish grade shall be sufficiently below the final grade to allow for the thickness of the plug material. F. Raking: After broadcasting starter fertilizer, lightly rake and smooth soil surface to 1/4 in, depth. Install plugs immediately thereafter, provided the plug bed has remained in a friable condition. G. Plugging Operations: 1. Remove plug from container, keeping roots intact. 2. Plug Spacing: Twelve -inches (12") on -center in both directions, or as indicated on the Contract Drawings. 3. Excavate hole in grade at twice the diameter of the plug rootmass. 4. Set plug in excavated hole; firmly pack excavated soil backfill around plug. 5. Set Fertilizer Tablet(s) in soil backfill, at prescribed Application Rate per Manufacturer's recommendation. H. Initial Watering: Water with fine spray until Plug bed is moistened to a depth of four -inches (4"). Do not use a jet nozzle or permit disturbance of surface of Plug bed. 1. During first week, water daily to supplement rainfall as necessary to maintain moist soil to a minimum depth of two -inches (2") below the surface. Repeat watering at regular intervals until Plugs have thoroughly and adequately established themselves. 2. Protect Plugged areas against hot, dry weather or drying winds. Apply supplemental water, in quantity as required, under these adverse conditions. 3. Once established, decrease the watering frequency and increase the amount of water per application, as required to maintain adequate growth. Page 50 of 76 Protection on Site: Erect temporary barricades, warning signs & flags, as required. Protect the plugged areas against vehicular traffic, pedestrian traffic, rodents, and/or other pests until plugged areas have established growth to the satisfaction of the City or Landscape Architect. J. Plug Establishment: 1. Replace dead or dying plugs with new plugs. 2. Eradicate weeds throughout, as required to maintain a weed -free condition, throughout the duration of the Landscape Establishment Period, until final acceptance by the City is granted. Apply herbicides uniformly at the Manufacturer's recommended rate. 3. Dispose of protective barricades and warning signs at the termination of the Landscape Establishment Period. 3.04 FIELD QUALITY CONTROL A. Tests: Samples of materials may be taken and tested for conformity to the Contract Specifications at any time by the Landscape Architect, B. Rejected Materials: Remove rejected materials immediately from the site at Contractor's expense. Pay cost of testing of materials not meeting the Contract Specifications. C. Intent: A consistent, thriving, and even cover of installed plugs is the intent of this Section. 3.05 CLEANING A. Erosion: Immediately restore eroded areas. Keep adjacent paved surfaces cleaned of dirt, mud or stains and organic debris. ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 — LANDSCAPE ESTABLISHMENT AND MAINTENANCE PART 1 - GENERAL 1.01 DESCRIPTION A. Related Requirements: Review the Contract General Provisions and Division One, General Requirements, of these Special Provisions, which contain information and requirements that apply to this Section. B. Work Included: Provide 60 -Day Planting Establishment and 60 -Day Maintenance Period, complete as specified C. Related Work in Other Sections: Page 51 of 76 Earthwork and Topsoil Placement - Subsection 308-2 Planting - Subsection 308-4 Irrigation System Installation- Subsection 308-5 1.02 QUALITY ASSURANCE A. Requirements of Regulatory Agencies: All work and materials shall be in full accordance with latest rules and regulations of safety orders of Division of Industrial Safety and all other applicable laws and regulations of the City of Newport Beach, California. 1. Provide for all inspections and permits required by Federal, State, or local authorities in furnishing, transporting, and installing of all agricultural chemicals. 2. The County Agricultural Commissioner's Office must, by law, be given a monthly record of all herbicides, insecticides and disease control chemicals used. Provide evidence to City of this submittal. B. Applicable Standards: All references to the Standards as described below shall mean the current or latest editions: • "Standard Specifications" - Standard Specifications for Public Works Construction • "ASTM" - American Society for Testing and Materials. • "DIS" - Division of Industrial Safety. Apply standards for plant materials as described in the following: Fertilizing Woody Plants, University of California, Cooperative Extension Leaflet #2958, September 1979. Pruning Landscape Trees, University of California, Cooperative Extension Leaflet #2574, January 1979. Staking Landscape Trees, University of California Publication AXT-311 C. Work Force: 1. Experience: The planting establishment firm shall have a full time foreman assigned to the job for the duration of the contract in conformance with Subsection 7-6 of the Standard Specifications. He shall have a minimum of four years experience in planting establishment supervision, with experience or training in turf management, entomology, pest control, soils, fertilizers and plant identification. 2. Labor Force: The planting establishment firm's labor force shall be thoroughly familiar and trained in the work to be accomplished and perform the task in a competent, efficient manner acceptable to the City Engineer. 3. Supervision: The foreman shall directly employ and supervise the work force at all times. At least one (1) English speaking supervisor Page 52 of 76 must be on site when work is being performed. Notify City Engineer of all changes in supervision. 1.03 SUBMITTALS A. Submit to City Engineer for approval, two (2) copies each of the following items: 1. Schedule of establishment operations and monthly status report including list of all equipment and materials proposed for the job. 2. Written application recommendation by a licensed agricultural pest control advisor for all weed, pest and disease controls restricted by the Director of Agriculture proposed for this work. 3. All licenses and insurance required by the City of Newport Beach and the State or Federal government pertaining to this work. 4. Monthly record of all herbicides, insecticides and disease control chemicals used for the project. 1.04 PROJECT CONDITIONS A. Site Visit. At beginning of establishment period, visit and walk the site with the City Engineer to clarify scope of work and understand existing project/site conditions. B. Documentation of Conditions: Document general condition of existing trees, shrubs, vines, ground covers and lawn recording all plant materials which are damaged or dying, if any. C. Irrigation System: Document general condition of existing irrigation system, making sure that faulty electrical controllers, broken or inoperable sprinkler heads are reported. 1.05 SCHEDULING A. Perform all establishment during hours mutually agreed upon between City Engineer and Contractor. B. Work force shall be present at the project site at least once a week and as often as necessary to perform specified establishment in accordance with the approved establishment schedule. PART 2 -PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Fertilizers: "Tri -C" Tri -C Enterprises LLC Page 53 of 76 4011 Schaefer Ave Chino, CA 91710 (800) 927-3311 B. Herbicides: Chevron Chemical Company 575 Market Street San Francisco, CA 94105 (415) 894-0880 Rhone-Poulenc Chemical Company Agro Chemical Division P.O. Box 125 Mon Mouth Junction, NJ 08852 (201)297-0100 Ciba-Geigy Corporation Agricultural Division P.O. Box 1830 Greensboro, NC 27419 (919)292-7100 Elanco Products Company 740 S. Alabama St. Indianapolis, IN 46285 (317)261-3638 The DOW Chemical Company P.O. Box 1706 Midland, MI 48640 (517)636-0236 3M Company -Agri Chemicals Project 3M Center, Bldg. 223-6SE St. Paul, MN 55144 (317)261-3000 2.02 MATERIALS A. General: All materials and equipment, unless otherwise indicated, shall be provided by the Contractor. B. Water: Clean, potable and fresh, furnished and paid for by the Contractor. Transport as required. C. Fertilizers: 1. Top Dress Fertilizer: Tri -C 6-2-4-+ 5%S Page 54 of 76 D. Herbicides, Insecticides, and Fungicides: 1. Obtain best quality materials with original manufacturers' containers, properly labeled with guaranteed analysis. 2. Use non -staining materials. E. Lawn Seed for Reseeding: Match existing lawn mix F. Replacement Tree Guys, Stakes, Ties and Wires: Match existing materials on the site (Provide detail(s) in 8'/z -inch x 11 -inch format if necessary). PART 3 - EXECUTION 3.01 GENERAL A. Duration: Continuously maintain each plant and each portion of ground cover area after installation, during progress of work, and for a period of 60 -days after completion of all planting work in conformance with Subsection 308-6 of the Standard Specifications until Final Acceptance. B. Protection: 1. Protect all planting areas from damage of all kinds from beginning of work until Final Acceptance. 2. Establishment includes temporary protection fences, barriers and signs as required for protection. C. Replacements: 1. Immediately treat or replace all plants that become damaged or injured, as directed by City Engineer at no additional cost to City of Newport Beach. 2. Replacement plants shall be of a size, condition and variety acceptable to City Engineer. 3.02 SHRUBS A. Watering Basins: 1. Maintain all watering basins around plants so that enough water can be applied to establish moisture through major root zones. 2. In rainy season, open basins to allow surface drainage away from the root crown where excess water may accumulate. Restore watering basins at end of rainy season. 3. For supplemental hand watering of watering basins, use a water wand to break the water force. Do not permit crown roots to become exposed to air through dislodging of soil and mulch. Page 55 of 76 4. Maintain originally specified depth of mulch to reduce evaporation and frequency of watering. 5. Check for moisture penetration throughout the root zone at least once per week. B. Resetting: Reset plants to proper grades or upright position. C. Weed Control: 1. Control weeds, preferably with pre -emergent herbicides and with selective systemic herbicides. 2. All areas between plants, including watering basins, shall be weed free. 3. Use only recommended and legally approved herbicides to control weed growth. 4. Avoid frequent soil cultivation that destroys shallow roots and breaks the seal of pre -emergent herbicides. 3.03 GROUND COVERS A. Watering: 1. Check for moisture penetration throughout the root zone at least twice a month. 2. Water as frequently as necessary to maintain healthy growth of ground covers. B. Weed Control: 1. Control weeds, preferably with pre -emergent herbicides and with selective systemic herbicides. 2. Minimize hoeing of weeds in order to avoid plant damage. 3.05 INSECTS, PESTS, AND DISEASE CONTROL A. Inspection: Inspect all plant materials for signs of stress, damage and potential trouble from the following: 1. Presence of insects, moles, gophers, ground squirrels, snails and slugs in planting areas. 2. Discolored or blotching leaves or needles. 3. Unusually light green or yellowish green color inconsistent with normal green color of leaves. B. Personnel: Perform spraying for insect, pest and disease control only by qualified, trained personnel. Page 56 of 76 C. Application: Spray with extreme care to avoid all hazards to any person or pet in the area or adjacent areas. 3.06 THE 60 -DAY PLANT ESTABLISHMENT PERIOD A. Preliminary Review. As soon as all plantings are completed per Contract Documents, hold a preliminary review to determine the condition of the work. B. Date of Review: Submit a written request to the City Engineer at least five (5) working days prior to anticipated date of review. C. Beginning of the 60 -Day Plant Establishment Period: The date on which the City Engineer issues a letter of Preliminary Acceptance to the Contractor. 3.07 THE 60 -DAY MAINTENANCE PERIOD A. Preliminary Review: Upon completion of the 60 -Day Plant Establishment Period, hold a preliminary review to determine the condition of the work. B. Date of Review: Submit a written request to the City Engineer at least five (5) working days prior to anticipated date of review. C. Beginning of the 60 -Day Maintenance Period: The date on which the City Engineer issues a letter of Completion of Plant Establishment to the Contractor. 3.08 FINAL ACCEPTANCE A. Acceptance: 1. Work will be accepted by the City Engineer upon satisfactory completion of all work, including Establishment Period and Maintenance Period, but exclusive of replacement of materials under the Warranty Period. 2. Submit a written request to City Engineer for review for Final Acceptance at least five (5) working days prior to anticipated Final Review date, which is at the end of the Maintenance Period. B. Corrective Work: 1. Work requiring corrective action or replacement in the judgment of the City Engineer shall be performed within ten (10) calendar days after the Final Review. 2. Perform corrective work and materials replacement in accordance with the Drawings and Specifications, and shall be made by the Contractor at no cost to the City of Newport Beach. Page 57 of 76 3. After corrective work is completed, the Contractor shall again request a Final Review for Final Acceptance as outlined above. 4. Continue establishment of all landscaped areas until such time as all corrective measures have been completed and accepted. C. Conditions for Acceptance of Work at End of Maintenance Period: 1. Each plant shall be alive and thriving, showing signs of growth and no signs of stress, disease, or any other weaknesses. 2. All plants not meeting these conditions shall be replaced and a 60 - Day Plant Establishment Period and 60 -Day Maintenance Period commenced for such plants. D. Final Acceptance Date: The date on which the City Engineer issues a Letter of Final Acceptance. Upon Final Acceptance, the City of Newport Beach will assume responsibility for maintenance of the work. E. Observation Schedule: The Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the following time schedule. The Contractor shall be familiar with the number and type of planting observations necessary prior to work. Typical observations may consist of, but not be limited to the following consecutive calendar day schedule: 1. 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. Page 58 of 76 3.09 WARRANTY PERIOD AND REPLACEMENTS OF PLANT MATERIALS A. Specific Requirements: Refer to the following sections of these Special Provisions: 1. "Irrigation" 2. "Lawns and Grasses" 1. "Trees, Shrubs and Ground Cover" ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 — SITE AND STREET FURNISHINGS SECTION 129300 — SITE AND STREET FURNISHINGS PART 1 -GENERAL 1.1 SUMMARY A. This Section includes materials, labor, apparatus, tools, equipment, temporary construction, transportation, and services necessary for and incidental to performing the proper completion of Work for Site and Street Furnishings, as shown on the Contract Drawings, and as specified herein this Section. B. Work under this Section consists of, but is not necessarily limited to, furnishing and installing the following: 1. Trash Receptacle (Unit). 2. Bike Rack (Unit). 3. Picnic Table (Unit). C. Related Sections: The following Sections contain requirements of Work that relate to this Section: 1. Section 321313 — Concrete Paving. 2. Section 329113 — Soil Preparation. 3. Section 329300 — Exterior Plants 4. Section 329813 — Landscape Establishment Period. 1.2 SUBMITTALS A. General: Submit four (4) bound booklets. Each booklet under this Section shall be tabbed into specific sections, containing clearly identified (through yellow highlighter or other identification methods) and legible information on the following required information indicated herein this Section. B. Shop Drawings to show component parts, fabrication, installation, and dimensions for items indicated herein this Section. Page 59 of 76 C. Samples: 1. Submit manufacturer's product data for review, including color charts. 2. Samples of complete Units or parts of Units of the items indicated herein this Section shall be furnished, as requested by Landscape Architect, for review and approval. 3. Submit manufacturer's written certification that each product complies with specified requirements noted herein. D. Certification: Provide certification from each manufacturer, as specified herein this Section, that their product(s) meet the specific criteria associated for sustainable products. E. Submittals may be rejected if they are difficult to read due to insufficient scale, poor image quality, or poor drafting quality; of if the required information is not included. F. Work shall not proceed until Submittals have been reviewed and approved by the Landscape Architect. 1.3 QUALITY ASSURANCE AND CONTROL A. All materials and Work shall be in accordance with the State Codes and Specifications and other criteria herein specified. B. Single -Source Responsibility: Obtain furnishing Units from each respective single source with resources to provide products and materials of consistent quality in appearance and physical properties without delaying the Work. C. Substitutions: Unit(s) to be considered equal to those specified herein this Section shall be reviewed and approved by the Landscape Architect, in writing, prior to the Bid Date. No substitutions shall be allowed after the Bid Date. 1.4 COORDINATION A. Contractor shall coordinate the installation of all furnishings in this Section with all other related Work of this Contract. B. Contractor shall be responsible for verifying the dimensions and required hardware of the furnishings prior to commencing installation Work. C. Coordinating furnishing footings with utility locations. Note potential conflicts to the Landscape Architect. 1.5 DELIVERY, STORAGE AND HANDLING Page 60 of 76 A. Furnishings shall be stored as necessary to prevent damage and shall be in new condition when ready for installation. It shall be the responsibility of the Contractor to install "factory condition" furnishings. PART 1 -PRODUCTS 1.6 TRASH RECEPTACLE (Unit) A. Trash Receptacle Unit shall consist of the complete assembly, and all mounting hardware. 1. Manufacturer: Refer to the Contract Drawings. 2. Model Number: Refer to the Contract Drawings. 3. Color/Finish: a. Pre -cast Unit — Refer to the Contract Drawings. b. Lid — Refer to the Contract Drawings. B. Install in quantity as indicated on the Contract Drawings. 1.7 BIKE RACK (Unit) A. Bike Rack Unit shall consist of a complete assembly, including Bike Rack and all applicable mounting hardware. 1. Manufacturer: Refer to the Contract Drawings. 2. Model Number: Refer to the Contract Drawings. 3. Color/Finishes: Refer to the Contract Drawings. 4. Mounting: Refer to the Contract Drawings. B. Install in quantity as indicated on the Contract Drawings. 1.8 PICNIC TABLES (Unit) A. Picnic Tables shall consist of the complete assembly, complete unit and all applicable mounting hardware in locations as indicated on the Contract Drawings. 1. 1.Manufacturer: Refer to the Contract Drawings. 2. 2. Model Number: Refer to the Contract Drawings. 3. 3.Color/Finishes: Refer to the Contract Drawings. B. Install in quantity as indicated on the Contract Drawings. PART 2 - EXECUTION 1.9 INSPECTION Page 61 of 76 consisting of the the quantity and A. Examine the areas and conditions under which site furnishing units are to be installed and remedy any conditions detrimental to the proper and timely completion of the Work. Do not proceed with the Work until unsatisfactory conditions have been corrected in a manner acceptable to the Landscape Architect. 1.10 INSTALLATION A. Trash Receptacle (Unit) 1. Trash Receptacle Unit shall be furnished and located as shown on the Contract Drawings, and as directed by the Contract Specifications. Verify exact locations (both at ground level and on -structure) with the Landscape Architect prior to installation. 2. Use actual Unit(s) to establish all dimensions for installation. 3. Erect and install Unit(s) in accordance with the Manufacturer's instructions and recommendations. Install unit(s) plumb, accurately, and in the correct orientation and relationship with other site furnishings, elements and/or paving as shown on the Contract Drawings. 4. Install all anchorage and mounting hardware, as applicable, in strict accordance with Manufacturer's instructions, and as directed by the Landscape Architect. B. Bike Rack (Unit) 1. Bike Rack Unit shall be furnished and located as shown on the Contract Drawings, and as directed by the Contract Specifications. Verify exact locations with the Owner's Representative prior to installation. 2. Use actual Unit(s) to establish all dimensions for installation. 3. Erect and install Unit in accordance with the Manufacturer's written instructions and recommendations. Install Unit(s) plumb, accurately, and in the correct orientation and relationship with other site furnishings, elements and/or paving as shown on the Contract Drawings. 4. Install footings, anchorages, or mounting hardware, as applicable, in strict accordance with the Manufacturer's instructions. a. Embed Unit into cast -in-place concrete foundation. Foundation for Unit shall be completely set below work of surrounding pavements. C. Picnic Table (Unit) 1. Picnic Table Unit shall be furnished and located as shown on the Contract Drawings, and as directed by the Contract Specifications. Verify exact locations with the Owner's Representative prior to installation. 2. Use actual Unit(s) to establish all dimensions for installation. 3. Erect and install Unit in accordance with the Manufacturer's written instructions and recommendations. Install Unit(s) plumb, accurately, and in the correct orientation and relationship with other site furnishings, elements and/or paving as shown on the Contract Drawings. 4. Install footings, anchorages, or mounting hardware, as applicable, in strict accordance with the Manufacturer's instructions. Page 62 of 76 1.11 Embed Unit into cast -in-place concrete foundation. Foundation for Unit shall be completely set below work of surrounding pavements. 1.12 PROTECTION A. Protect installed furnishings against damage throughout the duration of the construction period, complying with Manufacturer's directions. B. Touch-up Painting: Immediately after erection, clean field welds, bolted connections, and abraded areas of the work. Paint exposed areas with paint or other material as supplied by the Manufacturer of the damaged Unit. Apply by brush, to thickness recommended by paint manufacturer. ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 — DECOMPOSED GRANITE PAVING PART 2 -GENERAL 1.13 SUMMARY A. This Section includes materials, labor, apparatus, tools, equipment, temporary construction, transportation, and services necessary for and incidental to performing the proper completion of Work, as required, to make a complete Decomposed Granite installation (universally -accessible stabilized Decomposed Granite Paving Application and Landscape Mulch Application, where applicable) on prepared sub -grades, as shown in the Contract Drawings, and as specified herein this Section. B. Work under this Section consists of, but is not necessarily limited to, furnishing and installing the following: 1. Decomposed Granite Material. 2. Accessories (Soil Sterliant (Herbicide)). C. Related Sections: The following Sections contain requirements that relate to Work in this Section: 1. Section 312219 — Landscape Grading. 2. Section 321500—Aggregate Surfacing. 3. Section 328400 — Irrigation Systems. 4. Section 329113 — Soil Preparation. 5. Section 329400 — Landscape Planting Accessories (Geotextile Filter Fabric; Steel Edging/Concrete Header, Soil Sterliant (Herbicide), etc. Section 329813 — Landscape Establishment Period. 1.14 DEFINITIONS AND APPLICABLE STANDARDS Page 63 of 76 A. References: 1. ASTM — American Society for Testing and Materials. 2. AASHTO — American Association of State Highway and Transportation Officials. 3. ADAAG — American with Disabilities Act Accessibility Guidelines. 4. CBC — California Building Code, Title 24 Disabled Access Regulations. B. Definitions: 1. Percent Compaction: Per ASTM D1557, percentage of the maximum in- place dry density of the same material, as determined by the Geotechnical Engineer. 2. Stabilized Decomposed Granite Paving: Shall consist of a thoroughly pre - blended mixture (before placement) of Decomposed Granite material (fines) and Organic Binder ("Stabilizer'), that is set in lifts, reacted with water, and compacted in place, creating a universally -accessible finished surface of Stabilized Decomposed Granite Paving. 3. Decomposed Granite (Landscape Mulch Applications): Shall consist solely of Decomposed Granite Material (fines), compacted in place. No Organic Binder ("Stabilizer') is required. C. Standards for Installation: 1.15 FA 1. Standard Specifications: Standard Specifications of the State of California, Business and Transportation Agency, Department of Transportation (CALTRANS). SUBMITTALS Product/Material Data. Submit available product data, manufacturing source (name, address, and telephone number), and distributor source (name, address, and telephone number) for each type of material and product as follows: 1. Decomposed Granite Material. 2. Organic Binder. 3. Soil Sterilant (Herbicide). B. Miscellaneous Data: 1. Sieve Analysis: Provide Sieve Analysis of each type of Decomposed Granite material to ensure it meets proper grading requirements. 2. Material Test Reports: Submit certified copies of the field tests performed (testing the compressive strengths) of the Stabilized Decomposed Granite Paving finished surface. 3. Recommendation: Submit written recommendation from the Manufacturer/Distributor of the Organic Binder, indicating the quantity (pounds) of Organic Binder required per ton of Decomposed Granite material (lbs./ton). Recommendation shall be specific to each type of Decomposed Granite material specified herein. Page 64 of 76 C. Material Samples: Furnish the following Material Samples, bound and individually wrapped in re -sealable labeled plastic bags (as applicable): 1. Submit sample in sufficient quantity (one (1) pound minimum, per bag) of each Decomposed Granite material (with and without Organic Binder) for review to ensure color will be compatible with the Project. D. Field -Constructed Mock-ups: Prior to the installation of any Work under this Section, Contractor shall erect Field -Constructed Mock-ups for each type of Decomposed Granite application to verify selections made under this Article and to demonstrate aesthetic effects as well as qualities of materials and execution. Build Field -Constructed Mock-ups to comply with the following requirements, using materials and same base construction including special features for surface finish, compaction within lifts, color(s), and contiguous work, as indicated for the final unit of Work. 1. Locate Field -Constructed Mock-ups in a location and of the size indicated or, if not indicated, as directed by the Owner's Representative. 2. Notify the Landscape Architect, in writing, at least one (1) week in advance of the dates and times when Field -Constructed Mock-ups will be erected. 3. Demonstrate quality and range of aesthetic effects and workmanship in the Field -Constructed Mock-ups that will be produced in the final unit of Work. 4. Obtain the Landscape Architect's acceptance of the Field -Constructed Mock-ups, in writing, before the start of Work. Accepted Mock-ups are a prerequisite to commencing Work under this Section. 5. Retain and maintain Field -Constructed Mock-ups during construction in an undisturbed condition. Accepted Field -Constructed Mock-ups shall be the standard for judging the completed Work under this Section. a. When directed by the Landscape Architect, Contractor shall demolish and remove Field -Constructed Mock-up Samples from the Project Site. 6. Contractor shall provide a separate Field Constructed Mock-up for each type of Decomposed Granite application for review by the Landscape Architect. a. Each Field -Constructed Mock-up shall measure four -feet (4') wide and six -feet (6) long, and at the specified respective depths of Decomposed Granite indicated in the Contract Drawings, to compare the aesthetics of material colors, textures, and finishes. Include the specified headerledging material around the perimeter of the Mock-up. 1) When the Landscape Architect determines that a Field - Constructed Mock-up does not meet requirements, retain it for reference and create another Field -Constructed Mock-up until the Field -Constructed Mock-up is accepted by the Landscape Architect. 7. Accepted Field -Constructed Mock-up(s) will be the standard by which remaining Work will be evaluated for technical and aesthetic merit, and re a prerequisite to commencing any Work under this Section. Page 65 of 76 E. Qualification Data: Submit names for firms and persons specified in the "Quality Assurance and Control" Article to demonstrate their capabilities and experience on similar Decomposed Granite installations. F. Submittals under this Article will be rejected and returned without the benefit of review by the Landscape Architect if they are difficult to read due to insufficient scale, poor image quality, or poor drafting quality; or if all of the required information is missing or not presented in the format as requested. G. No Work shall proceed under this Section until Submittal requirements indicated herein have been reviewed accordingly by the Landscape Architect. 1.16 QUALITY ASSURANCE AND CONTROL A. Installer Qualifications: 1. Requirement: Valid California C-27 (Landscaping Contractor) License. 2. Engage an experienced Installer who has completed in the last two (2) years at least three (3) Decomposed Granite installations similar in material, design, and extent to that indicated for this Project, and whose work has resulted in construction with a record of successful in-service performance. 3. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on the Project site during times that installations under this Section are in progress. B. Source Limitations: Obtain each type of Decomposed Granite material from the same Manufacturer's plant. C. Single -Source Responsibility: Obtain each color, type, and/or variety of Decomposed Granite material from a single source with resources to provide products and materials of consistent quality in appearance and physical properties without delaying the Work. D. Manufacturer's Directions: Follow Manufacturer's directions and drawings in cases where the Manufacturers of articles used in this Section furnish directions covering points not shown in the Contract Drawings and Contract Specifications. 1.17 DELIVERY, STORAGE, AND HANDLING A. Provide new, unused Decomposed Granite materials indicated under this Section. Store and secure properly to prevent damage. B. Protect Decomposed Granite material from contamination with foreign materials. Isolate stockpiles to prevent mixing of different aggregate grades prevent contamination with organic materials. Page 66 of 76 C. Deliver perishable material in original, unopened packaging. Protect from dampness. D. Deliver and install Decomposed Granite materials so as to not delay Work, and install only after preparations for installation have been completed. 1.18 COORDINATION, SCHEDULING, AND OBSERVATIONS A. Notify the Contractors performing Work related to installation of Work under this Section in ample time so as to allow sufficient time for them to perform their portion of Work and that progress of Work is not delayed. Verify conditions at the Project Site for Work that affects installation under this Section. Coordinate items of other trades to be furnished and set in place. B. Utilities: Determine location of above grade and underground utilities and perform Work in a manner which will avoid damage to utilities. Hand excavate, as required. Maintain grade stakes until removal is mutually agreed upon by parties concerned. C. Excavation: When conditions detrimental to installing Decomposed Granite is encountered, such as rubble fill, adverse drainage conditions, or obstructions, cease installation operations and notify Landscape Architect for further direction. D. Traffic Control: Maintain access for vehicular, bicycle, and pedestrian traffic as required for other construction activities during installation of Decomposed Granite. Access shall also be unobstructed and maintained at all times to allow for entry and exit of emergency vehicles. E. Grades and Levels: Establish and maintain required levels and grade elevations. Review installation procedures and coordinate Work herein this Section with other Work affected. F. Installation: Perform installation of Decomposed Granite only when weather and soil conditions during rain or while sub base is wet from rain. Do not apply Soil Sterilant when winds exceed 10 mph or during or immediately after rain. G. Sequence and Scheduling: Do not install Work under this Section prior to acceptance of sub -grade preparation Work under another Section. Install edging/header materials prior to placement of Decomposed Granite, where applicable. Coordinate with other trades to insure proper placement of irrigation sleeves (per Section 328400) prior to installation of Decomposed Granite. H. Construction Site Observations: Periodic site observations shall be made by the Landscape Architect during the installation of Work under this Section for compliance with requirements. Landscape Architect retains right to observe Work for defects and to reject unsatisfactory or defective Work under this Page 67 of 76 Section at any time during progress of Work. The Contractor shall request, in writing, at least one (1) week in advance of the time when mandatory site observation(s) by the Landscape Architect are required. 1.19 SUBSTITUTIONS A. Consideration: Decomposed Granite materials to be considered equal to the Decomposed Granite materials indicated herein this Section shall be reviewed by the Landscape Architect. Materials with equal performance characteristics produced by other Manufacturer's and/or Distributors may be considered, providing deviations in dimensional size, color, composition, operation, and/or other characteristics do not change the design concept, aesthetic appearance, nor intended performance, as solely judged by the Landscape Architect. The burden of proof on product equality is on the Contractor. B. Specific reference to Manufacturer's names and products specified herein are used as standards of quality. This implies no right to the Contractor to substitute other materials without prior written approval by the Landscape Architect for Work under this Section. C. Decomposed Granite material(s) substituted and installed by the Contractor, without prior written approval by the Landscape Architect, may be rejected. Contractor shall not be entitled to be compensated by the Owner where the Contractor has installed rejected substitutions without receiving prior written approval. D. Contract Price: Substituted Decomposed Granite material(s) shall not increase the Contract price. 1.20 LANDSCAPE ESTABLISHMENT PERIOD A. Refer to Section 329813 — Landscape Establishment Period, for requirements under this Article. 1. During the duration of the Landscape Establishment Period, continuously maintain Decomposed Granite finishes until Final Acceptance of Work is granted. Immediately repair damage to the Work as the result of weather or traffic conditions. Report damage resulting from Work of other trades after installation of Decomposed Granite Work. Repair to match adjacent undisturbed Work. PRODUCTS 1.21 DECOMPOSED GRANITE MATERIAL A. Clean, hard, durable particles or fragmented fines of select crushed granite, river rock, or basalt. Material fines shall be evenly mixed throughout the Page 68 of 76 aggregate. When produced from gravel, fifty percent (50%) by weight of the material retained on a No. 4 sieve shall have one (1) fractured face. B. The portion retained on the No. 4 sieve shall have a maximum percentage of wear of 50 at 500 revolutions as determined by AASHTO T96-77. C. Portion passing a No. 4 sieve shall have a maximum liquid limit of 25 and a maximum plasticity index of 7, as determined by AASHTO T89-81 and AASHTO 90-81 respectively. D. Composition: Decomposed Granite material shall be free from clay lumps, vegetable matter, or deleterious material. E. Grading Requirements: Percentage of Weight Passing a Square Mesh Sieve (AASHTO T11-82 and T27-82) Sieve Size Percent Passin 3/8" 100% No. 4 95-100% No. 8 75-80% No.16 55-65% No. 30 40-50% No. 50 125-35% No. 100 120-25% No. 200 15-15% F. Products & Manufacturers: Subject to compliance with requirements, provide products by the following: 1. Stabilized Decomposed Granite Paving: a. Type: Refer to the Contract Drawings. b. Supplier: Refer to the Contract Drawings. C. or equal, as approved by the Landscape Architect. 1.22 ORGANIC BINDER A. Organic Binder: Non-toxic, colorless, odorless, non -staining, concentrated organic powder that, when water is applied and then compressed, binds the Decomposed Granite material together, creating a natural -appearing, firm surface of Stabilized Decomposed Granite Paving 1. Products & Manufacturers: Subject to compliance with requirements, provide products by the following: a. Material: Stabilizer®, Stabilizer Solutions, Inc., Phoenix, AZ. Page 69 of 76 1) Supplier: a) KRC Rock, San Marcos, CA, ph. 800-427-0572. b) Southwest Boulder & Stone, Fallbrook, CA, ph. 877.792.7625. 2) Application Rate: Per Manufacturer's written recommendations. Minimum application rate of 12 lbs./ton. b. Material: Natraci(TM Organic Binder. 1) Supplier: Gail Materials, Corona, CA, 951-279-1095. 2) Application Rate: Per Manufacturer's written recommendations. Minimum application rate of 12 lbs./ton. C. or equal, as approved by the Landscape Architect. `6►1 091111[IIIA <� A. Mixing Equipment: Batch -type, using revolving blades or rotary drum. B. Compaction Equipment: Power roller, weighing not less than five (5) tons. 1.24 ACCESSORIES A. Soil Sterilant: Spray -applied, Non -Selective Post -Emergent Herbicide, for control of annual grasses and broadleaf weeds. Refer to Section 329400 — Landscape Planting Accessories. Apply in locations designated to receive Stabilized Decomposed Granite Paving only. B. Aggregate Sub -Base: Class Il, per "Standard Specifications", as required. C. Water: Per ASTM C 94, from potable domestic source, and free from deleterious materials such as oils, acids, and organic matter. Transport as required. D. Edging/Header Materials: Refer to Section 329400 — Landscape Planting Accessories. E. Geotextile Filter Fabric: Refer to Section 329400 — Landscape Planting Accessories. EXECUTION 1.25 EXAMINATION A. Examine surfaces indicated to receive Decomposed Granite, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of surfacing. Page 70 of 76 B. Sub -grades shall have been rough graded to within 0.10 ft. of finish grades less depth in location to receive Decomposed Granite. C. Insure edging materials and irrigation sleeving have been installed and are in place and secured, Do not proceed with installation Work until unsatisfactory conditions have been corrected. 1.26 PREPARATION A. Application of Soil Sterilant: 1. Mixing: Mix Soil Sterilant product in sprayer tank with clean water, according to Manufacturer's current printed instructions. Use sprayer, which will apply the solution uniformly, without disturbing the soil. 2. Spray Solution: Shake or stir prior to each application. Apply to dry soil surface only. 3. Application: Provide Soil Sterilant only in locations designated to receive Stabilized Decomposed Granite Paving, as indicated on the Contract Drawings. 4. Over -spraying: Avoid spraying on walls, adjoining pavements, and all areas to receive landscapee planting. 5. Depth: Immediately after application of spray solution, thoroughly incorporate the solution into the soil to a depth of two -inches (2") to four - inches (4"), per Manufacturer's current printed instructions. B. Compaction: After completion of soil sterilization operations, compact sub -base to minimum 90% compaction, or as recommended by the Geotechnical Engineer. 1.27 INSTALLATION A. Installing Edging/Headers: Install Edgings/Headers, as indicated on the Contract Drawings. Refer to Section 329400 — Landscape Planting Accessories for requirements. Edgings/Headers at the full depth of the perimeter of the Decomposed Granite, as indicated. Edgings/Headers shall be straight or curving as required, and securely in place, true to line and grade as required. Align header edges and set flush with adjacent paving where applicable. B. Installing Geo -textile Filter Fabric: Geo -textile Filter Fabric shall be installed only in locations designated to receive Stabilized Decomposed Granite Paving. Install Fabric accordingly as indicated in the Contract Drawings to prevent weeds from growing up through the Stabilized Decomposed Granite Paving. Place the Geotextile Filter Fabric across the entire width of the Paving surface; overlap ends of Fabric rolls at a minimum of six inches (6"). C. installing Aggregate Sub -Base (as applicable): Page 71 of 76 1. Verification: Do not place Aggregate Sub -Base prior to acceptance of sub grade preparation. 2. Placement: Spread Aggregate Sub -Base to thicknesses shown on the Contract Drawings and compact to a minimum of ninety -percent (90%) compaction, or as recommended by the Geotechnical Engineer. D. Installing Stabilized Decomposed Granite Paving: 1. Verification: Verify locations to receive Stabilized Decomposed Granite Paving. 2. Lines and Levels: a. Install Stabilized Decomposed Granite Paving true to grade, properly coinciding with adjacent Work and elevations. b. Provide a finished Stabilized Decomposed Granite Paving surface uniform in texture and appearance. Do not permit finished Work to vary more than 1/8 inch in 10 feet from true profile and cross section. Finished Work shall be installed to fully comply as a universally -accessible pavement surface, per applicable Code requirements. 3. Mixing: a. General: Stabilized Decomposed Granite Paving shall be thoroughly pre -blended before placement. b. Organic Binder: Thoroughly pre -blend Decomposed Granite material with Organic Binder at the rate recommended by the Organic Binder manufacturer for each type of Decomposed Granite material specified, but not less than of twelve (12) pounds of Organic Binder per one (1) ton of Decomposed Granite material (dry weight). 1) It is essential the Organic Binder be thoroughly mixed, blended, and uniformly incorporated throughout the Decomposed Granite material to achieve a successful result. The Organic Binder locks the fines in the Decomposed Granite material together, trapping the larger crushed aggregate screenings. The Organic Binder does not act directly on larger aggregate screenings. Proper mixing is a must for a successful application. a) Blending is best accomplished in a plug mill; a truck mounted mixer or a portable mechanical mixer may also be used. b) Blend Stabilized Decomposed Granite Paving mixture for a minimum of 15 minutes prior to placing on compacted sub -surface material. c) Drop spreading of Organic Binder over graded Decomposed Granite material is not acceptable. Mixing by roto -tilling is also not acceptable. d) Organic Binder shall not be applied during, just prior to, or immediately following rainfall. 4. Placement: a. General: After pre -blending, place the Stabilized Decomposed Granite Paving material onto the compacted sub -surface material. Page 72 of 76 Carefully place to avoid segregation in two (2) equal two-inch (2") lifts. b. Grade, screed, and smooth the Stabilized Decomposed Granite Paving to desired finish grades. Allow for compaction of the material. 5. Watering: Apply water until moisture penetrates to the full depth of the Stabilized Decomposed Granite Paving. a. Water activates the Organic Binder; it is essential that the full depth of the Stabilized Decomposed Granite Paving is saturated at this time. Apply water from a hand held hose with a spray nozzle set to coarse spray. Water pressure should not disturb the leveled Paving surface. Do not use a water truck for water distribution or a high- pressure sprayer. 1) Test for water penetration through random core inspections. After inspection of cores, fill cored holes with Paving removed; smooth and hand tamp to match adjoining surface grades. 2) A one (1) -hour application at a rate of +/-20 GPM per 1,000 sq. ft. of surface seems to achieve the desired full depth moisture penetration. 3) Let watered Stabilized Decomposed Granite Paving stand between six (6) to twenty-four (24) hours until all surface water has dissipated; the Paving surface should be moist, but not wet. 6. Compacting: While the Stabilized Decomposed Granite Paving material is still thoroughly moist, compact to a minimum 90% relative compaction, or as recommended by the Geotechnical Engineer. Compact each area with at least four (4) passes of the compacting equipment. After compacting, screed smooth. a. Compaction should be done with a heavy lawn roller (minimum 225 pounds and maximum 30 -inch width) to achieve finish grade and initial compaction. Hand -tamp edges around benches, signposts, trash receptacles, etc. Use a heavy (1 -ton minimum) small rider, after having used the lawn roller, to obtain the desired final dense, smooth uniform texture. Do not use whackers, vibratory rollers or a vibrating plate tamper; the Stabilized Decomposed Granite Paving will not harden for weeks after vibration. 1) If the Decomposed Granite Paving surface is flaky or sticks to the roller drum, the Paving hydration level is deficient; cautiously add more water as required to achieve the Paving's proper hydration level. 2) If the roller creates a wash board effect or rills, additional time is required to allow the Paving to achieve the proper hydration level. 7. Contaminated Areas: Do not permit Stabilized Decomposed Granite Paving to contaminate adjoining planting areas or finishes. Clean up and remove all material spilled into adjacent planting areas. 8. Grading: When surface areas have been rolled and it becomes necessary to add a thin layer of Stabilized Decomposed Granite Paving Page 73 of 76 material to bring the surface to grade, the previously rolled or compacted area shall be thoroughly scarified to a depth of two -inches (2") to provide a bond with the added Material. 9. Curing: Allow finished Stabilized Decomposed Granite Paving surface to dry completely. Set-up time varies, depending on weather conditions. a. A hot, dry climate will set up sooner than a cool, moist climate. 1.28 FIELD QUALITY CONTROL A. Tests: For each lift of Stabilized Decomposed Granite Paving, provide written verification as to the degree of compaction by a certified testing laboratory. Re - compact failed areas until specified compaction is achieved. B. Testing shall be the sole financial responsibility of the Contractor. 1.29 INSPECTION A. Finished Decomposed Granite surfaces shall be smooth, uniform and solid, with no evidence of shipping or cracking. Dried, compacted material shall be firm through the entire depth, with no spongy areas. Loose material shall not be present on the surface initially. After the first year of use, a minor amount of loose material is expected on the surface of Stabilized Decomposed Granite Paving finishes. B. Loose Decomposed Granite material on the surface or unconsolidated crushed aggregate screenings below the surface of Stabilized Decomposed Granite Paving finishes is evidence of improper bonding due to poor mixing or insufficient watering. Test the loose material for adequate Organic Binder by wetting, then tamping, and allowing it to dry. If the material still is unconsolidated, the Organic Binder did not get mixed adequately throughout the Stabilized Decomposed Granite Paving material. If the material now is solid, initial watering was insufficient. Cracking or sponginess is evidence of excessive Organic Binder in the mix. C. Unconsolidated Paving areas shall be excavated and replaced accordingly with new Stabilized Decomposed Granite Paving material with a high proportion of fines meeting the grading requirements above, and pre -blended with Organic Binder per the procedures listed above. Patched areas shall be wetted thoroughly and rolled smooth. Patching shall be completed prior to any surface smoothing. D. Smoothing of Stabilized Decomposed Granite Paving: Significant irregularities shall be smoothed out prior to final acceptance of Work. Smoothing shall be accomplished by rewetting/saturating rough areas thoroughly, and then rolling the material again with a heavy roller (1,000-1,500 Ib. powered walk -behind roller, or small rider). Whackers are not recommended. Page 74 of 76 E. Tolerances of Stabilized Decomposed Granite Paving: 1. Depth: Final thickness of completed Stabilized Decomposed Granite Paving shall not vary more than 1!4 -inch from dimension indicated in the Contract Drawings. Measurements may be taken by means of test holes taken at random, finished surfaces. Correct any variations in the thickness beyond the allowable Y2 inch by repeating the procedures listed above. F. Width: Final width of completed Stabilized Decomposed Granite Paving shall not vary more than '/z inch from typical dimension width as indicated. Measurements may be taken at random cross sections along the finished surface. G. Where installed, no edges of the Geotextile Filter Fabric shall be exposed. 1.30 REPAIRS AND PROTECTION A. Damage or Defective Installation: Remove and replace Stabilized Decomposed Granite Paving that is damaged or defective, or does not meet the requirements indicated herein this Section. B. Replacement of Stabilized Decomposed Granite Paving: If compression tests of cored samples fail to meet the specified compressive strengths as recommended by the Manufacturer, immediately remove and replace the Stabilized Decomposed Granite Paving with material conforming to the Contract Specifications. C. Protection: Protect Decomposed Granite finishes against traffic, injury, defacement or damage (by rain or other outside force during curing period) and subsequent construction operations until Substantial Completion. Exclude traffic from Stabilized Decomposed Granite Paving for a minimum of fourteen (14) days after placement. When construction traffic is permitted, it is the Contractor's responsibility to maintain Stabilized Decomposed Granite Paving as clean and level as possible by removing surface stains, spillage of materials as they occur, and traffic markings/grooves, etc., and to repair any damaged caused by said construction traffic. D. Maintain Decomposed Granite finishes free of stains, discoloration, dirt, and other foreign material until Final Acceptance of Work. 1.31 CLEAN UP AND PROTECTION A. For Work under this Section, keep Work area in a clean, orderly, and safe condition. Contractor shall remove trash caused from his Work on a weekly basis throughout the duration of the Work. Page 75 of 76 B. Protect Stabilized Decomposed Granite Paving from damage due to landscape operations, operations by other Contractors and trades, and trespassers. Maintain protection during installation and maintenance periods. C. Upon completion of his Work under this Section, the Contractor shall remove rubbish, waste, debris, excess construction materials, and other items resulting from construction operations offsite as described herein this Section and directed by the Landscape Architect. Clean all adjoining pavements, edgings/headers free from excess Decomposed Granite material. 1.32 FINAL REVIEW A. Final Review under this Section shall be performed upon completion of the Landscape Establishment Period. Refer to Section 329813 — Landscape Establishment Period, for requirements. Page 76 of 76 ATTACHMENT C City of Newport Beach BUDGET AMENDMENT 2014-15 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations PX Transfer Budget Appropriations fX1 SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: ACCOUNTING ENTRY: NO. BA- 15BX027 AMOUNT: $13,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund/Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7015 Parks Account Number C1002044 San Miguel Park Restroom $13,000.00 Division Number 7015 Parks Account Number C4002013 Back Bay View Park $13,000.00 T 4 ' Automatic System Entry. �/ tic, Signed: fes„ Signed: AdministrativeApproval: City Manager Signed: City Council Approval: City Clerk Date Date Date M.