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HomeMy WebLinkAboutC-8176-1 - Macarthur Blvd Slope Landscaping ProjectApril 24, 2019 KASA Construction, Inc. Attn: Hector Zavala 15148 Sierra Bonita Lane Chino, CA 91710 Subject: MacArthur Blvd Slope Landscaping Project — C-8176-1 Dear Mr. Zavala: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 Fax newportbeachca.gov On April 24, 2018, 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 April 25, 2018 Reference No. 2018000148856. The Surety for the contract is The Ohio Casualty Insurance Company and the bond number is 024073316. Enclosed is the Faithful Performance Bond. Sincerely, 0P0'6%--- Leilani I. Brown, MMC City Clerk Enclosure THE: FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PENCE EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 024073316 FAITHFUL PERFORMANCE BOND N, Bond No.: 024073316 (One of Two Originals) Contract No. 8176-1 The premium charges on this Bond is $ 2,714.00 , being at the rate of $ 11.66 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 MacArthur Blvd. Slope Landscaping Project 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 Two Hundred Twenty Eight Thousand * Dollars ($ 228,460.00 ) 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. * Four Hundred Fifty and 001100 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. 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 Page B-1 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 26th day of October 17 Kasa Construction, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 62 Maple Ave Keene, NH 03431 Address of Surety (858)450-0582 Telephone APPROVED AS TO FORM: CITY ATTO N 3'SIFF CE Date: 01 / By: Aaron C. Harp cw imt1ilt City Attorney Authorized Agent Signa ure Matthew R. Dobyns, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 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 ss. On VP I is 1 203q— before me, \\c-cVvr-.s,y4U, Notary Public, personally appeared`�F0,,,,� V—e. \Q..r- who proved to me on the basis of sa isfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HECTOR ZAVALA WITNESS my hand and official seal. 11 Notary Public - Caifornia - San Bernardino County �I Commission M 2217476 Commission Cores Oct 28, 2021 (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )Ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page B-3 r`o O N O N 1- > d d � r O C N pMpy N Cs ES E u M c >�w O Z v THIS POWER OF ATTORNEY IS NOT 1 D UNLESS IT IS PRINTED ON RED BACKC UND. This Power of Attorney limits the acts of those nameu ..drain, and they have no authority to bind the Company excep..., the manner and to the extent herein stated. Certificate No. 7757838 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation 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 Stale 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 Sporn all of the city of Santa Ana , state of CA each individually if there be more than one named, its true and lawful attorney -in -tact 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 5th day of May , 2017 , �1Y WGp �INSOR 1l IFISI)R 5�(VtW lNrEg7 �tPoly�>��r. ,'i 4 >W �µyraN. Y�D .J�a '�O o UI) r 1912 1991 3 \ ) �AO,Jt ! NINtlry STATE OF PENNSYLVANIA as COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West merican Insurance Company 9 By: 1. David M. Care ; Assistant Secretary O1 On this 5th day of May 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. yp PAST COMMONWEALTH OF PENNSYLVANIA hryQ4t>N'nNwRayz�y Notarial Seal Teresa Patients, Notary Public By: of Upper Marion Twp., Montgomery County Teresa Pastalla, Notary Public 4�vP1,3' My Commission Expires March 2a, 2021 AT G Mombeq Pennsyl., in Association or Noma. Airy This Power of Attorney is made and executed pursuant o and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now In full force and effect reading as follows: ARTICLE IV- OFFICERS- Section 12. Power of Attorney. Any off cer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or atlomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts -SECTION 5. Surely Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -tact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instrumenis and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes 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 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, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby codify 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 26th day of October 20 17 BYo(0(0(0 ytRenee C. Lew sistant Secretary 64 of 100 _. LM51287p022017 EE r G Q M O-4 G 0 E aM 00 L � O C �2 'O F roJ3 >o t� Etr M Oo 0, .019 e - F19 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 ORANGE On October 26', 2017 before me, ASHLEY MARIE SPOHN, 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 _._ _a ,, «. - - - • authorized capacity (ies3, and that by his/her/their signature(O on the IF l,, Asnt.EY aaArzi� srIoiiN instrument the personH, or the entity upon behalf of which the persons) 8pg'66 acted, acted, executed the instrument. N07ARY f'UBWC CALIFORNIA � ORANGE COUNTY o My comm.osplfoMnn2i,znat 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. Sig ure of Notary OP'>('ftblSiAL , 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) June 29, 2018 KASA Construction, Inc. Attn: Hector Zavala 15148 Sierra Bonita Lane Chino, CA 91710 Subject: MacArthur Blvd Slope Landscaping Project C-8176-1 Dear Mr. Zavala: CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 Fax newportbeachca.gov On April 24, 2018 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 April 25, 2018, Reference No. 2018000148856. The Surety for the bond is The Ohio Casualty Insurance Company and the bond number is 024073316. Enclosed is the Labor & Materials Payment Bond. Sincerely, �V IV1r Leilani I. Brown, MMC City Clerk Enclosure Bond No.: 024073316 (One of Two Originals) Contract No. 8176-1 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 024073316 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 MacArthur Blvd. Slope Lanscaping Project 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 Two Hundred Twenty Eight Thousand Four` Dollars ($ 228,450.00 ) 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. Hundred Fifty and 00/100 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Page A-1 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 26th day of October , 20 17 Kasa Construction, Inc. ` — Name of Contractor (Principal) u orized Signat e/Title The Ohio Casualty Insurance Compa Name of Surety 62 Maple Ave Keene, NH 03431 Address of Surety (858) 450-0582 Telephone APPROVED AS TO FORM: CITY ATTORN Y' OFFICE Date: 02 By: Aaron C. Harp NXkNIu111- City Attorney &yx e z �, - Authorized Agent Signaturg Matthew R. Dobyns, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 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 Californi County of 4LA W1411:'IA0 ss. `' l On 20,_ before me, l�Gc�pC l jctksa, Notary Pulblic, personally appeared _biau 04&r who proved to me on the basis of satisfactoryevidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS/my hand and official seal. Si 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 HECTOR ZAVALA Notary Public - California Z San Bernardino County Commission # 2217476 My Comm. Expires Oct 28, 2021 (seal) County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page A-3 THIS POWER OF ATTORNEY IS NOT \P ID UNLESS ITIS PRINTED ON RED BACKC 'UND. This Power of Attorney limits the acts of those nam6 . ein, and they have no authority to bind the Company excel. he manner and to the extent herein stated. Certificate No, 7757839 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation 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 attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by 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 5th day of May 2017 z f The Ohio Casualty Insurance Company sr Liberty Mutual Insurance Company t4 Z N d sl, 1 12 1yy1 Z West American Insurance Company .� By: STATE OF PENNSYLVANIA ss David M. Care ; Assistant Secretary COUNTY OF MONTGOMERY O dOn this 5th day of May 2017before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v F Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes O therein contained by signing on behalf of the corporations by himself as a duly authorized officer. lL d > 9 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. O C 7 ,p. PAST COMMONWEALTH OF PENNSYLVANIA' Notarial Seal 1 104' O „ 1 Teresa Pastella, Notary Public By: �f•(-�'� �i�%�� 0 pi Or Upper MerionTwp.. Montgomery County Teresa Pastella, Notary Public y C O My Commission Expires March 20, 2021 3 O9 Member, Pennsylvania Association of Notaries d E G ev This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual p Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: .O _ CIO to ` ARTICLE IV— OFFICERS— Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject RC1 O = to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, �+ d O C E acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments to thereto the the Corporation. and attach seal of 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 attorney-in-fact under > C ,a 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. dARTICLE > 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, 00 L and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, L M 0seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary. v r O co Certificate of Designation — The Presidentofthe Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- ~ r 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, Renee C. Llewellyn, the undersigned, Assistant Secretary, 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 26th day of October _ 20 17 S � 1 �' r? 19Ir 19ri1 BY: Renee C. Llewe , ssistant Secretary 65 of 100 LMS 12073 022017 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 ORANGE On October 26th, 2017 before me, ASHLEY MARIE SPOHN, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® who 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 he/she/they executed the same in his/her/their authorized capacity Oes}, and that by his/her/their signatureH on the instrument the personH, or the entity upon behalf of which the persons} ASHLEY MARIE SPOHN acted, executed the instrument. o COMM. # 2188665 NOTARY PUBLIC CALIFORNIA q I certify under PENALTY OF PERJURY under the laws of the State of s r ORANGE COUNTY ro - My comm. explro®Mar, 27 n 1 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si ture of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 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) Batch 3338817 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 1 of 1 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE •$ R 0 0 1 0 0 4 5 6 4 1$ 2018000148856 2:23 pm 04125/18 48 406 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and KASA Construction Inc., Chino, California, as Contractor, entered into a Contract on October 10, 2017. Said Contract set forth certain improvements, as follows: MacArthur Blvd Slope Landscaping Project - C-8176-1 Work on said Contract was completed, and was found to be acceptable on April 24. 2018, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is The Ohio Casualty Insurance Comoanv. ru City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. j ��rr /fin Executed on f /► fwil K Wig at Newport Beach, California. BY a - Ail �"llVl'r' City Clerk https:Hgs.secure-recording.com/Batch/Confirmation/3338817 04/25/2018 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and KASA Construction Inc., Chino, California, as Contractor, entered into a Contract on October 10, 2017. Said Contract set forth certain improvements, as follows: MacArthur Blvd Slope Landscaping Project - C-8176-1 Work on said Contract was completed, and was found to be acceptable on April 24, 2018, 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. MR Public Works IDIrector City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. nn Executed on /T SIy✓t 011 at Newport Beach, California. BY City Clerk CITY CLUX CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids shall be submitted electronically via PlanetBids to office of the City Clerk, 100 Civic Center Drive, Newport Beach, CA 92660 by 10:00 AM on the 28th day of September, 2017, at which time such bids shall be opened and read for MACARTHUR BLVD SLOPE LANDSCAPING PROJECT Contract No. 8176-1 $ 230,000 Engineer's Estimate App`ro//ved by W'l-f � Park Vukoj vic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: hftp://www.planetbids.com/portal/portal.cfm?CompanylD=22078 Hard copy plans are available via Santa Ana Blue Print (949) 756-1001 Located at 2372 Morse Ave. Irvine, CA 92614 Contractor License Classification(s) required for this project: "A and C27" For further information, call Patrick Arciniega, Project Engineer at (949) 644-3347. City of Newport Beach MACARTHUR BLVD SLOPE LANDSCAPING PROJECT Contract No. 8176-1 TABLE OF CONTENTS NOTICE INVITING BIDS......................................................................................... Cover INSTRUCTIONS TO BIDDERS.......................................................................................3 BIDDER'S BOND.............................................................................................................6 DESIGNATION OF SUBCONTRACTOR(S)....................................................................9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES..........................................10 NON -COLLUSION AFFIDAVIT......................................................................................14 DESIGNATION OF SURETIES.....................................................................................15 CONTRACTOR'S INDUSTRIAL SAFETY RECORD.....................................................16 ACKNOWLEDGEMENT OF ADDENDA........................................................................18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER............................................................................22 SAMPLECITY CONTRACT.........................................................................................23 PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS .................................. .......................................................... SP -1 2 City of Newport Beach MACARTHUR BLVD SLOPE LANDSCAPING PROJECT Contract No. 8176-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received electronically by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS (Contractor shall also submit info via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractorshall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL (LINE ITEMS to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2 o Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashiers check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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. (original Bid Bonds must be submitted to the City Clerk's Office.) 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. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and paymentfor which is not otherwise expressly provided orto which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to 4 provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been re 'wed. q2-1 — A, . 3 . c_-0 , c- 27 Qi , Contractor's License o. &'Class cation u horized Signa u elTitle k000006b\3 - 6p/3o/Is DIR Referenc/e� Number &\\Ex-- iration Date Bidder q�23� I t1 Date Bond No.: KASCO-749 City of Newport Beach MACARTHUR BLVD SLOPE LANDSCAPING PROJECT Contract No. 8176-1 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 or the Total Amount or the Bid Dollars ($ 10°1 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 MACARTHUR BLVD SLOPE LANDSCAPING PROJECT , Contract No. 8176-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 22nd day of September , 2017. Kasa Construction, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 62 Maple Avenue, Keene, NH 03431 Address of Suretv 1(888) 255-1988 Telephone By: "L=—=d ignature/Title"*) By: (&14A �Lc� uthorized A eAtbnature Randy Spohn / Altorney-in-Feet Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT ..............................................................................r State of Californ County of tiaA ) ss. On before Notary Public, personally Appeared 'Di4tvt l VLaa' %AA C— �– --- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paraqraph is true and correct. .............................................................................. 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 Check here if no thumbprint or fingerprint is available. HECTOR ZAVALAr hand and official seal. "`' ' Commission if 2046822 [, Notary Public -California z San Bernardino County M Comm. Ex ires 0".2.11, 7 .............................................................................. 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 Check here if no thumbprint or fingerprint is available. i7 Sze SSG. U,�_4�A ` ACKNOWLEDGMENT ............................................................................... State of California County of } ss. On before me, personally appeared Notary Public, proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature mass .......................................................................... I 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: 0 Thumbprint of Signer Check here if no thumbprint of fingerprint is available. 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. 7757814 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation 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 organizedunderthe laws of the State of Indiana (herein collectively called the 'Companies ), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Matthew R. Dobyns; Randy Spohn all of the city of Santa Ana , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seat, 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 5th day of May 2017 Ns R n `tNse, u,G f The Ohio Casually Insurance Company v 7 r<na2 waE �'r '� z Liberty Mutual Insurance Company N 0 at v J 1912 1991 West Insurance Company •y d American By: a� C STATE OF PENNSYLVANIA ss David M. Care Assistant Secretary R R COUNTY OF MONTGOMERY C dpy On this 5th day of May 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance V h 0 7 The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes >,N Company, O R therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C W d > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. O E y 3 COMMONWEALTH OF PENNSYLVANIAj-�� 0�� Notarial sealxanY�r�R� �" N . /1, Teresa Pastella, Notary By: /����"'a' 00 Public Upper Merlon Twp., Montgomery County Teresa Pastella, Notary Public My Commission Expires March 29,20210Member, 2authofity Pennsylvania AssouationorNotate. OEC n7 E This Power of Attorney is made and executed y authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual rn p - Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:CR h ro d ARTICLE IV—OFFICERS—Section l2. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject Oi O r - to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, c 2:,41 O acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations selforth in their respective 'a �> r 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 w ` 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 >'0 T 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. r -u 0 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, ..C4 ` and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessaryto actin 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 attorneys -in -fact subject to the limitations set forth in their c M respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instrumen is and to attach thereto the seal of the Company. When so u C:`executed such instruments shall be as binding as if signed by the president and attested by the secretary. 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 attorneys -in- ~ r 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 surely bands, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby cedify 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 22nd day of Sep tember 2017 �`SY INSpR 1NSURR 7p;k t. �j��}� c In I9 1912 1991 ° BY: Renee C Llewe ssislant Secretary r 40 of 100 LMS 12873 022017 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 ORANGE n On `-'1 before me, ASHLEY MARIE SPOHN, NOTARY PUBLIC, personally appeared RANDY SPOHN ® who proved to me on the basis of satisfactory evidence to be the person(s) whose nameW 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. 1(` ASHLEY MARIE SPOHN iI COMM. # 2188665 PUBLIC CALIFORNIA o I certify under PENALTY OF PERJURY under the laws of the State of s ; NOTARY ORANGE COUNTY N California that the foregoing paragraph is true and correct. Mar. 27.2021 C 9 My comm. expires WITNESS my hand and official seal. &� A&Z� Sign ure of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 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) City of Newport Beach MACARTHUR BLVD SLOPE LANDSCAPING PROJECT Contract No. 8176-1 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 Description of Work % of Number Total Bid Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address ka5A CIOAS�cQL�ioyk - P Bidder Authorized Signgfturerritle 0 City of Newport Beach MACARTHUR BLVD SLOPE LANDSCAPING PROJECT Contract No. 8176-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. Bidder's Name NXoPs cfoAS�-'tW i, 2�, 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 ^ 1 Project Name/Number o4eC YS . Project Description Approximate Construction Dates: From Agency Name To: u l l('L l _ Contact Person Telephone (714) i m'viLl Original Contract Amount $ Final Contract Amount $ 2, oO 2/ If original, please explain extra wok, 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. r iul No. 2 Project Name/Number Project Description\n Approximate Construction Dates: From Agency Name To: 2S 6b Contact Person MGtIL I'y�Y��t Telephone(-11�) Original Contract Amount $ �(O�l� final Contract Amounts I(A If final amount is different from original, plepse explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3,nn I I Project Name/Number t� abAK � &K ( WLQ CJ 1i� Project Description 0IJ 1010— LA Approximate Construction Dates: From �,,II �i ry To: 7 21 t Agency Name Contact Person �i5 "` I�� �Gti Telephone Original Contract Amount $Final Contract Amount $ If final amount is different from,original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 I Project Name/Number) �1r)�. Project Description (µu aS V , _W V I�A�-- I— Approximate Construction Dates: From _111PIK' To: Agency Name Gu Contact Person I)oy\ � Jy Telephone (pq) S32 6q ( q Original Contract Amount $0 �I 1.00 Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name � tL I 0r Contact Person 13 Telephone (qq`t) 45S'156'1 J Original Contract Amount $Final Contract Amount $ If final amount is different from original, please explyin (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 i)icate outcome of claims. 12 A►.c-,C�' No. 6 Project Name/Number Project Description �Iat SiCR \�11t-VI � i Approximate Construction Dates: From 1`�Its To: 6 Ir (y Agency Name {� I \ V Contact Person R 07 e(D bayk( Telephone (qM) 41-l"Ll'AD 1P Original Contract Amount $1111111 Final Contract Amount $ If final amount is different from original, pleasegxplain (change orders, extra work, etc.) � / t, Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain apd indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder u horized Signat re/Title 13 Charbel Rameh 7290 Altizer Court Corona, CA 92880 909-538-3872 CharlesR@KASAconstruction.com Objective To continue to exceed my personal expectations in growth in the field of Construction. Professional Profile General Superintendent / Safety Officer — KASA Construction • Over 18 years of heavy civil construction experience • Successfully completed over $100 million in construction projects • Licensed with an A (General Engineering), Foreman / Superintendent — Mega Way Enterprises • Responsible for all aspects of running construction projects Skills • Proficient in Primavera Project Scheduling • Proficient in Microsoft Project • Coordination of multiple subcontractors • Ability to manage multiple projects • Ability to manage and lead 100+ employees • Thorough understanding of Prevailing Wage Compliance • Thorough understanding of Public Contract Code, SPPWC,SSPWC, etc Work History 2002 — 2010, Foreman / Superintendent, Mega Way Enterprises, Pomona, CA 2010 — Present, General Superintendent / Safety Officer, KASA Construction Inc., Chino, CA References References are available on request. City of Newport Beach MACARTHUR BLVD SLOPE LANDSCAPING PROJECT Contract No. 8176-1 NON -COLLUSION AFFIDAVIT State of California ) )ss. County of M4%40) Dlaaa K a bb ate being first duly sw rn, deposes and says that he or she is ffhi aA of 551Cvwf,�ciio^ .'Dv- . , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed sed 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 theStat f California /that three foregoing is true and correct. USA 0aI4S-iNL; Z-2 ',L � l�/��Jcr��F.Xr�G - �t1C�stc�on Bidder 'ANhorized Silj6ature/Title Subscribed and sworn to (or affirmed) before me on thisday of � 2017 by 1 ycAmf-2aVAA0.. 1,,1aN7^p-k��c proved to me on the basis of satisfactory evidence to be the'person(s) who appeared before me I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ��� � [SEAL] HECTOR ZAVALA Commission # 2046822 Notary Public • California z San Bernardino County '— M Comm. Expires Oct 28, 2017 M, My Commission Expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :�•.i�l`.K.`.rH:MAY`:M.M..r.(.•.r.^.r1`,M.cNs:Y.`.rN.iY`M..M.rY'a:t`.M.MM.eY•�^(`M.M`t`N`.K`K•.K'.M.M.MN•.Mi�^�"M.r.(`MiY`.MMr(•�-t`� 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 San Bernardino On Date personally appeared before me, Diana Kasbar Hector Zavala, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. HECTOR ZAVALA •� Commission # 2046822 Z ; °®� Notary Public - California z Z San Bernardino County D M Comm. Expires Oct 28, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand d official seal. Signature g ature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator CI Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach MACARTHUR BLVD SLOPE LANDSCAPING PROJECT Contract No. 8176-1 DESIGNATION OF SURETIES Bidder's name 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): $pp -1 -IS6U 15 City of Newport Beach MACARTHUR BLVD SLOPE LANDSCAPING PROJECT Contract No. 8176-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL 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. ill Current Record Record Record Record Record Yearof for for for for for Record 2016 2015 2014 2013 2012 Total 2017 No. of contracts Total dollar Amount of?vb Contracts (in `,A ` Thousands of $ YY` r� 11 i A No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. ill Legal Business Name of Bidder Y fhS A CoA �f OL�h '9m Business Address: 151,\yj SIPI(,, %A`, U �otcPq«lo Business Tel. No.: qp9— RS-7.bp State Contractor's License No. and Classification: Ok 215 yH - A , (/i lc -1D (.,-1,1 I Title 17irnNA \. \a&c- The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. FNOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Y'.M.M�Y!MMn`.M.M.MM.MFN.M.r.N.MMR r`T lMMiN�'.r^�".Mm^M�^.�^iY'.MK`iN�NtY`.MN��Y`.MrC'.M.Mt�`�YM.MM.M.MF 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 San Bernardino On Date personally appeared before me, Diana Kasbar Hector Zavala, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hang and official seal. of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 020114 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 HECTOR ZAVALA _ • Commission # 2046822 ;gym Notary Public • California San Bernardino County My Comm. Ex ires Oct 28, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hang and official seal. of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 020114 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 City of Newport Beach MACARTHUR BLVD SLOPE LANDSCAPING PROJECT Contract No. 8176-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Received im City of Newport Beach MACARTHUR BLVD SLOPE LANDSCAPING PROJECT Contract No. 8176-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: ovtbk-NJ-i A, l bu Business Address: 05114t? SAfwCt bm(,k LA, b&i+,o) GP vikp Telephone and Fax Number: '�. �V- t-t5-1-'a2(9O F. ADa l `151 —`R2�i California State Contractor's License No. and Class: q L1 5 yL A Z L 10, C-21 (REQUIRED AT TIME OF AWARD) Original Date Issued: t 15 0 Expiration Date: List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: 1N�a�me Title \ \ Address Telephone GA a\I &M VP S\0",( — V ,�. S lwrt, ya,,�� CA0--L[V74L66 C-X'\tio CUlgnio Corporation organized under the laws of the State of l a, trv� 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; r-) /A Briefly summarize the parties' claims and defenses; I J 1i, Have you ever had a contract terminated by the owner/agency? If so, explain. t4 O Have you ever failed to complete a project? If so, explain. t -J O For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor com liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / lo 20 Are any claims or actions unresolved or outstanding? Yes /�Z) 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 0InzU�'06'�DQC (Print name of Owner or President of oration/Comp y) Authorized Sinatu� /Title Title Cll Ar Datel I On 1 iSli1 before me, }+ /��\� Notary Public, personally appeared C V,,aa 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. my hand and official seal. in and for said State My Commission Expires: 2Q i 21 SEAL (SEAL) LA j y_Cd HECTOR Commission M 2046822 # 2046 �` Notary y Pu blit - California z ty San Bernardino County MY Comm. Expires Oct 28, 2017 z CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino T Date personally appeared before me, Diana Kasbar Hector Zavala, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. HECTOR ZAVALA Commission # 2046822 Notary Public - California i San Bernardino County My Comm. Expires Oct 28, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han&nq official seal. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I l Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I I Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item#5907 City of Newport Beach MACARTHUR BLVD SLOPE LANDSCAPING PROJECT Contract No. 8176-1 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 22 MACARTHUR BLVD SLOPE LANDSCAPING PROJECT CONTRACT NO. 8176-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 10th day of October, 2017 ("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; 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. 8176-1, 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 Two Hundred Twenty Eight Thousand Four Hundred Fifty Dollars and 00/100 ($228,450.00). 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 Hector Zavala 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. 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: Hector Zavala 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. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. KASA Construction Inc. Page 4 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 Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract Documents. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and 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 and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from KASA Construction Inc. Page 5 any cause arising from the performance of the Project and/or Services 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 and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees, and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). 16.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 16.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 16.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. KASA Construction Inc. Page 6 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 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. KASA Construction Inc. Page 7 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 Controllinq Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. KASA Construction Inc. Page 8 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 ATTORNEY'S OFFICE Date: 10/47 / 1% By: Aaron C. Harp rAMwnair City Attorney ATTEST: Date: By:��---- Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: z n Muld CONTRACTOR: KASA Construction Inc., a California corporation By: Signed in Counterpart Diana Kasbar Chief Executive Officer Date: Signed in Counterpart Sam Gabriel Kasbar Chief Financial Officer/ 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 WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S 91FFICE Date: By: far Aaron C. Harp Np o d}nr City Attorney ATTEST: Date: 0 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONTRACTOR: KASA Construction Inc., a California cqrporation Ulana Kasbar Chief Executive Gabr Fina [END OF SIGNATURES] Officer/ Secretary Attachments: Exhibit A Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements KASA Construction Inc. Page 10 Bond No.: 024073316 (One of Two Originals) Contract No. 8176-1 *3:11-3ill r_1 CITY OF NEWPORT BEACH BOND NO. 024073316 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 MacArthur Blvd. Slope Lanscaping Project 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 Two Hundred Twenty Eight Thousand Four* Dollars ($ 228,450.00 ) 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. * Hundred Fifty and 00/100 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Page A-1 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 26th day of October , 20 17 . Kasa Construction, Inc. Name of Contractor (Principal) The Ohio Casualty Insurance Company Name of Surety 62 Maple Ave Keene, NH 03431 Address of Surety (858)450-0582 Telephone APPROVED AS TO FORM: CITY ATTORN Y' OFFICE Date: 11a1/17 By: Aaron C. Harp LAM %IuI ISI' City Attorney uorized Signat e/Title Authorized Agent SignaturK Matthew R. Dobyns, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 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 Californi County of t ( :AO ss. \' 1 On 20� before me, NGt� �da1o. Notary Public, personally appeared 1ZAytR gats'La;r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. HECTOR ZAVALA WITNES m hand and official seal. NotaryPublic- California - San Bernardino County £� Commission a 2217476 My Comm. Expires Oct 28, 2021 Sig tur (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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) Page A-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. 7757839 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty insurance Company Is a corporation 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 attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and deed, any and all undertakings, bonds, recognizance$ 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 5th day of May 2017 The Ohio Casualty Insurance Company Liberty Mutual Insurance Company M 13 w West Insurance merican Company(0(3(0 H w a wm.- C STATE OF PENNSYLVANIA as David M. Care Assistant Secretary C COUNTY OF MONTGOMERY C d pf On this 5th day of May 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance O v of Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes TN p ? to therein contained by signing on behalf of the corporations by himself as a duly authorized officer. d W > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. C O n -Qj w5N PASTE COMMONWEALTH OF PENNSYLVANIA y.�a�oNtveq'�� Nolarlal Seat Y�d, C 10 Teresa Pastella, Notary Public By: ti(•�L iaA� r/FF �-(�ri(s�J Q Q Or Upper Merton Twp., Montgomery County Teresa Pastella, Notary Public My Commission Expires March 23, 2021 C NC OZOTq ~Grp,! r �F MemLer, Pennsylvania nssecianon of Nolanes d E C This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual H C Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: O rn� ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject W O C r ,d_, to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, ;r d O S E acknowledge and deliver as surety any and all undertakings, bonds, recognizance$ and other surety obligations. Such attorneys -in -fad, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to thereto the the Corporation. 'p '— r. O. attach seal of When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under > �Q ,Q T 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 a. 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, 1- E � and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, O = seal, acknowledge and deliver as surety any and all undertakings, bonds, rewgnizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their M c&?) Z O respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary. 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 attorneys -in- .- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, 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, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Utterly Mutual Insurance Company, and West American Insurance Company do hereby certily that the original power of attorney of which the foregoing is a full, me 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 26th day of October E0 17 �jY INt�� y�ln ..vs, P;�� - _ } `D ��µ~ o t919 � 1912 � 7997 By: �Y 04 ^,a': y n Renee C. Uew ssisbmt Secretary 6501100 LMS 12873 022017 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 ORANGE On October 26th, 2017 before me, ASHLEY MARIE SPOHN, 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/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(&) �f u ASHLEY MARIE SPOHN IF acted, executed the instrument. o COMM. # 2188665 g 3 NOTARY PUBLIC CALIFORNIA o I certify under PENALTY OF PERJURY under the laws of the State of oRANoL COUNTY Caorna at the foregoing paragraph is true and correct. — My comm, expiros Mer, 27, 2021 lifithhf9 9 P 9 P WITNESS my hand and official seal. S' ture of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 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) THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE EXHIBIT B CITY OF NEWPORT BEACH BOND NO, 024073316 FAITHFUL PERFORMANCE BOND i Bond No.: 024073316 (One of Two Originals) Contract No. 8176-1 The premium charges on this Bond is $ 2,714.00 , being at the rate of $ 11.88 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 MacArthur Blvd. Slope Landscaping Project 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 Two Hundred Twenty Eight Thousand . Dollars ($ 228,450.00 ) 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. Four Hundred Fifty and 00/100 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. 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 j Page B-1 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 26th day of October 2017 Kasa Construction, Inc. — r Name of Contractor (Principal) COuthorized ignature/Title The Ohio Casualty Insurance Company Name of Surety 62 Maple Ave Keene, NH 03431 Address of Surety (858)450-0582 Telephone APPROVED AS TO FORM: CITY ATTO N x'I QFF CE Date: By: Aaron C. Harp cw %uzglT City Attorney /d'/o'Z ' ,ti: /l Authorized Agent Signa ure Matthew R. Dobyns, Attorney-in-fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BEA TTACHED 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 w ss. \ \ On YO I Zo I , 20 before Notary Public, personally appeared `F�—wu► �+�cb-.r who proved to me on the basis of salisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HECTOR ZAVALA WITNESS my hand and official seal. Notary Public -California San Bernardino County Commission N22 V476 My Comm. Expires Oct 28, 2021 (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Page B-3 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney Ilmits the acts of those named herein, and they have no authorityto bind the Company except in the manner and to the extent herein stated. Certificate No. 7757838 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation 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 slate of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 5th day of May 2017 s The Ohio Casualty Insurance Company o Liberty Mutual Insurance Company to N West Insurance Company C merican y w By: STATE OF PENNSYLVANIA ss David M. Care Assistant Secretary +% COUNTY OF MONTGOMERY C dpr On [his 5th day of May 2017 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v F— V 41 Company; The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes >,�% p N therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C W d > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. O £ y COMMONWEALTH OF PENNSYLVANIANolatlal Seal,rqaC MA Teresa Pastella, Notary Public By: M-"^�"T"" �rif//�-�r��R/ O Cy Upper Motion Twp.. Montgomery County Teresa Pastella, Notary PublicC My Commission Expires March 28,2021 cauthority A O OOMemberPennsylvania Arracialion of Notaries Etapir aC N 2 This Power of Attorney is made and executed hority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual N p ai Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: (aARTICLE IV— OFFICERS —Section 12. Power ofAttorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C .F.$ to such limitation as the Chairman or the President may prescribe; shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, 2 o) O.E acknowledge and deliver as surety any and all undertakings,bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective :p 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 — d O ro executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -m -fact under >'Q a 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. a 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, E op 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, - Zu seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their M C oQ respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so V executed such instruments shall be as binding as if signed by the president and attested by the secretary. `C) 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-in- 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 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, Renee C. Llewellyn, the undersigned, Assistant Secretary, 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 26th day of October 20 17 }Y�\S✓k ?\'1N UA9 PO\\hX r S /� ��� Vim_ 0 19 9 no 1912 ° 1931 3 By: Renee C. Uew ssistant Secretary 64 of 100 LMS 12873 022017 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 ORANGE On October 26", 2017 before me, ASHLEY MARIE SPOHN, 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/her/their -- - - - - - - - - - - - - - . authorized capacity (ies), and that by his/her/their signature(s) on the ASHLEY MARIE SPOHN instrument the person(s), or the entity upon behalf of which the person(} a COMM. # 2166665 acted, executed the instrument. o , NOTARY PUBLIC CALIFORNIA ORANOFOOUNTY My comm. exp1rusMhr,V,2021 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. Sigokure of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 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) EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an 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. D. Builder's Risk Insurance. For Contracts with property exposures during construction, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. 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 KASA Construction Inc. Page C-2 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. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements, The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. 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 KASA Construction Inc. Page C-3 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 Contractors existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractors 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. 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 KASA Construction Inc. Page C-4 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-5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 11/6/17 Dept./Contact Received From: Edwin Date Completed: 11/6/17 Sent to: Edwin By: Jan Company/Person required to have certificate: Kasa Construction — MacArthur Blvd Contract Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 2/18/17 — 2/18/18 A. INSURANCE COMPANY: _West 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 (Must be $1M or greater): What is limit provided? $2M/$4M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed 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: 2/18/17 — 2/18/18 A. INSURANCE COMPANY: _FirstLiberyJnsuranceCompan 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? $2,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 2/18/17 —2/18/18 A. INSURANCE COMPANY: Midwest Employers Casualty Company B. AM BEST RATING (A-: VII or greater): A+/ XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY ® N/A El Yes ❑ No ® N/A ❑ Yes ❑ No V BUILDERS RISK 10/27/17-10/17/18 AMERICAN ZURICH INSURANCE COMPANY Rated: A+/XV, Admitted - $230,000 TIV ❑ N/A ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 11/6/17 ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date City of Newport Beach MACARTHUR BLVD SLOPE LANDSCAPING PROJECT Contract No. 8176-1 PROPOSAL (Contractor shall submit proposals via the PROPOSAL (Bid Line Items) contained in PlanetBids. Contractor shall sign the below acknowledgement) To the Honorable City Council City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 8176-1 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: gI?A�n Date �. Go9- yS�-8z6o 9o9 --t5-7- 9,zfm) Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) Bidder's email address: PR -1 — >�T�UST ult 1�c. Bidder Efider's Autho zed Signature and Title 6-�Akyto) CA Bidder's Address City of Newport Beach Page 1 MACARTHUR BLVD SLOPE LANDSCAPING PROJECT (C-8176-1), bidding on September 28, 2017 10:00 AM (Pacific) Printed 10/24/2017 Bid Results Bidder Details Vendor Name KASA Construction, Inc. Address 15148 Sierra Bonita Lane Chino, CA 91710 United States Respondee Hector Zavala Respondee Title Estimator Phone 909-457-8260 Ext. Email hectorz@kasaconstruction.com Vendor Type CADIR License # 927544 CADIR 1000006013 Bid Detail Bid Format Electronic Submitted September 28, 2017 9:06:04 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 117766 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General Attachments Completed Bid Documents.pdf General Attachment Bid Bond Completed Bidders Bond.pdf Bid Bond Line Items Type Item Code UOM City Unit Price Line Total Comment Section 1 I Mobilization and Demobilization Lump Sum 1 $18,000.00 $18,000.00 2 Traffic Control Lump Sum 1 $10,500.00 $10,500.00 3 Grub and Clear Sq. Ft. 29000 $1.00 $29,000.00 4 Soil Preparation Lump Sum 1 $5,500.00 $5,500.00 5 Finish Grading Lump Sum 1 $5,500.00 $5,500.00 PlanetBids. Inc. City of Newport Beach Page 2 MACARTHUR BLVD SLOPE LANDSCAPING PROJECT (C-8176-1), bidding on September 28, 2017 10:00 AM (Pacific) Printed 10/24/2017 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Weed Abatement Sq. Ft. 29000 $0.20 $5,800.00 7 Irrigation System Complete Lump Sum 1 $82,000.00 $82,000.00 8 Install 1 Gallon Acacia Redolens'Low Boy' Each 575 $8.00 $4,600.00 9 Install 1 Gallon Muhlenbergia Rigen Each 500 $8.00 $4,000.00 ' 10 Install 5 Gallon Rhus Integrifolia Each 200 $26.00 $5,200.00 11 Install 24" Box Pinus Eldarica Each 33 $350.00 $11,550.00 12 Install 3" Deep Layer of Shredded Bark Mulch' Sq. Ft. 29000 $0.50 $14,500.00 13 Abandonment of Existing Domestic POC and Related Work Lump Sum 1 $500.00 $500.00 14 Repair Damaged Median and Parkway Landscape Lump Sum 1 $3,000.00 $3,000.00 15 90 -Day Landscape Maintenance Period Sq. Ft. 29000 $0.20 $5,800.00 16 Unforseen Circumstances Lump Sum 1 $20,000.00 $20,000.00 17 As-builts Lump Sum 1 $3,000.00 $3,000.00 Subtotal $228,450.00 Total $228,450.00 Subcontractors Name & Address Description License Num CADIR Amount Type Planet Bids. l oc. PUBLIC WORKS DEPARTMENT Z3 np. 03-31- 2 No. 17 INDEX FOR r SPECIAL PROVISIONS 9r F cel \E� og fa�'z0)7 MACARTHUR BLVD SLOPE LANDSCAPING PROJECT CONTRACT NO. 8176-1 PART1- GENERAL PROVISIONS.............................................................................................................................1 SECTION 2- SCOPE AND CONTROL OF THEWORK................................................................................................1 2-6 WORK TO BE DONE.........................................................................................................................................1 SECTION3 - CHANGES IN WORK.........................................................................................................................1 3-3 EXTRA WORK..................................................................................................................................................1 3-3.2 Payment.................................................................................................................................................................... 1 3-3.2.3 Markup Replace this section with the following: ............. ................................................................................ 1 SECTION 4 - CONTROL OF MATERIALS................................................................................................................. 2 4-1 MATERIALS AND WORKMANSHIP...................................................................................................................2 4-1.3 Inspection Requirements........................................................................................................................................... 2 SECTION5 - UTILITIES......................................................................................................................................... 2 5-1 LOCATION.......................................................................................................................................................2 5-2 PROTECTION...................................................................................................................................................2 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK........................................................... 2 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OFWORK....................................................................2 6-1.1 Construction Schedule............................................................................................................................................... 2 6-7 TIME OF COMPLETION....................................................................................................................................3 6-7.1 General.....................................................................................................................................................................3 6-7.2 Working Days............................................................................................................................................................3 6-7.4 Working Hours...........................................................................................................................................................3 6-9 LIQUIDATED DAMAGES..................................................................................................................................4 SECTION 7 - RESPONSIBILITIES OF THECONTRACTOR..........................................................................................4 7-1 THE CONTRACTOR'S EQUIPMENT ANDFACILIITIES.........................................................................................4 7-1.2 Temporary Utility Services........................................................................................................................................4 7.7 COOPERATION AND COLLATERAL WORK........................................................................................................5 7.8 WORK SITE MAINTENANCE.............................................................................................................................5 7-8.4.3 Storage of Equipment and Materials in Public Streets.....................................................................................5 7-8.6 Water Pollution Control............................................................................................................................................5 7-8.6.2 Best Management Practices(BMPs)................................................................................................................. 5 7-10 PUBLIC CONVENIENCE ANDSAFETY..............................................................................................................6 7-10.1 Traffic and Access....................................................................................................................................................6 7-10.3 Street Closures, Detours and Barricades..................................................................................................................6 7-10.4 Safety...................................................................................................................................................................... 7 7-10.4.1 Safety Orders...................................................................................................................................................7 7-10.5 "NO PARKING" SIGNS..............................................................................................................................................7 7-15 CONTRACTOR'S LICENSES.............................................................................................................................7 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS..........................................................................................7 SECTION 9- MEASUREMENT AND PAYMENT......................................................................................................8 9-3 PAYMENT........................................................................................................................................................8 9-3.1 General......................................................................................................................................................................8 PART 3 CONSTRUCTION METHODS......................................................................................................................30 SECTION300---EARTHWORK............................................................................................................................30 300-1 CLEARING ANDGRUBBING........................................................................................................................10 300-1.3 Removal and Disposal of Materials..................................................................................................................... 30 300-1.3.1 General........................................................................................................................................................ 10 300.1.3.2 Requirements.............................................................................................................................................. 11 300-1.5 Solid Waste Diversion.......................................................................................................................................... 11 SECTION 308---LANDSCAPE AND IRRIGATION INSTALLATION...........................................................................11 308-1 General......................................................................................................................................................11 ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 — LANDSCAPE IRRIGATION........................................................ 14 1CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MACARTHUR BLVD SLOPE LANDSCAPING PROJECT 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 -5242-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2015 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be found at: http://www.newportbeachca.gov/govern ment/departments/public- works/resources/standard-d rawings The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS 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, Landscape Establishment and Maintenance, Irrigation Improvements, Providing As -Built drawings, and all other incidental items of work necessary to complete the work in place." •la�T,► •M 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 Page 1 of 43 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. 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 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 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. 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OFWORK 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 2 of 43 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 ninety (90) consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability and delivery of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days Revise 3) to read: "any City holiday, defined as January 151 (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11 th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 3151(New Year's Eve). If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday." Add the following Section 6-7.4 Working Hours 6-7.4 Working Hours Normal working hours are limited to 7:00 a.m. to 4:00 p.m., Monday through Friday. All work requiring the closure of vehicular travel lane(s) shall take place between 8:30 a.m. and 4:00 p.m. only. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work Page 3 of 43 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 6:00 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 times 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 the 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." 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 an $1,073.21 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a $90 monthly charge for meter use, a charge for water usage and any repair charges for damage to the meter. Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc. 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 Page 4 of 43 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 reclaimed water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of reclaimed water to take place. A four-hour shut down of reclaimed 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 reclaimed 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 reclaimed water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the reclaimed water shutdown." 7.8 WORK SITE MAINTENANCE Add Section 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.4.3 Storage of Equipment and Materials in Public Streets Delete the first paragraph and add the following: Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer in advance. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction. 7-8.6 Water Pollution Control Add to this section, Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Site Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found atwww.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Page 5 of 43 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 dailybasis. 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. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. 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. Page 6 of 43 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. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing theirwork. 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." 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 publiccounter. Add the following Sections: 7-15 CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess an "A" and "C-27" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a valid Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S 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 Page 7 of 43 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 thismaterial." During this time, the material shall be made available to the Engineer. Suitatble facilities are to be provided for access, inspection and copying of this material." I-JAOIR61MMI _ZI 9-3 PAYMENT 9-3.1 General The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the BMP Plan and construction schedule, 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 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes, if required, preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, , signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Demolition: Work under this item shall include, but not be limited to the removal of all dead trees as directed by the Engineer, Clearing and Grubbing of the existing turf surface, removal of all debris, extraneous plants, turf removal and disposal and all other work items as required to complete the work in place as determined by the Engineer to be prepared for the installation of soil amendments. Item No. 4 Install Soil Preparation: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for soil amendments, per attached soils report and Page 10 of 43 rototilling to a minimum depth of 24 -inches in areas where work is possible. Included shall be the removal of debris, construction materials, rocks over 2 -inches in diameter or any other material deemed to be deleterious to plantings, marking of areas of work not to be rototilled in gypsum chalk for approval by the Engineer, care of existing tree roots, and all other work items as required to complete the work in place as determined by the Engineer. Item No. 5 Final Grades: 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 "Final Grades" complete, as shown and described in Section 3.02 Subsection B in BGB Specifications (See Appendix 'A'). Item No. 6 Perform Grow -Kill Weed Abatement: 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 "Weed Control" complete, as shown and described in Section 3.04 Subsection B in BGB Specifications (See Appendix 'A'). Item No. 7 Landscape Irrigation Systems: Work under this item shall include, but not be limited to an assessment of the existing irrigation system in both written and photographic manner to establish the specific tasks required to bring the existing irrigation systems into a viable working condition acceptable to the Engineer. Included in this task are the locating and flagging of existing heads, repair of all main and lateral piping disturbed by the Contractor's work, replacement or repair of existing backflow preventers and controllers, repair or replacement of existing sprinkler heads and nozzles, removal of temporary above -grade tree irrigation systems and replacement with new buried systems. All materials shall conform to the City's Irrigation Materials list as available from the City. Work shall include all other work items as required to complete the work in place as determined by and approved by the Engineer. Item No. 8 Furnish and Install One -Gallon Acacia redolens: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing one -gallon Acacia redolens , including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 9 Furnish and Install One -Gallon Muhlenbergia rigen: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing one -gallon Muhlenbergia rigen, including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 10 Furnish and Install Five -Gallon Rhus integrifolia: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing five -gallon Rhus integrifolia, including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 11 Furnish and Install 24 -inch box Pinus eldarica: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 24 -inch box Pinus eldarica, including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 12 Install 3 -Inch Layer of Walk -On Mulch: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing and installing a 3 -inch thick layer of mulch, and all other items as required to complete the work in place. Item No. 13 Abandonment of existing domestic POC & related work: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials to remove existing water meter and deliver to City and install corp stop, existing domestic mainline to be abandoned in place except where noted on plan, remove backflow preventer, flow sensor master valve and vaults and return to City, backfill to native grade, and all other items as required to complete the work in place. Page 10 of 43 Item No. 14 Repair damaged median and parkway landscaping: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for furnishing to restore median landscaping and hardscape to existing condition, repair damaged irrigation, restore stamped concrete and plants, and all other items as required to complete the work in place. Item No. 15 Perform 45 Day Landscape Establishment & 45 Day Landscape Maintenance Phase: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for manpower, fertilizers, irrigation system inspection and operation, plant material care and replacement if necessary, supervision and all other items necessary to establish and maintain the landscaping for the entire duration of the Landscape Establishment and Maintenance Phase. Item No. 16 Prepare As -Built Record Drawings: Provide As -Built Plans (and DBE Certification if applicable). Work under this item shall include all actions necessary to provide as - built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $3,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -build drawings. Item No. 17 Provide Allowance for Unforeseen Conditions: An amount of $20,000 is to be included or unknown underground obstructions, as directed by the Engineer based on a time and materials basis. 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 3 CONSTRUCTION METHODS SECTION 300 --EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newoortbeachca.clov/index.aspx?page=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General Add to this section: "The work shall be done in accordance with Section 300-1.3.2 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. Page 10 of 43 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 from the recycling facility. All material disposal manifests shall be provided to the Engineer prior to release of final retention." SEE APPENDIX'A' FOR TECHNICAL SPECIFIACIONS IN ADDITONTO THE FOLLOWING MODIFICATIONS 308-1 General Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and roots. No roots shall be pruned of removed unless this submittal is returned as satisfactory. Prior to the submittal, the Contractor shall arrange to meet Urban Forester, Mr. Kevin Pekar ((949) 795-2238) at the site to discuss City requirements. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning Page 11 of 43 removing tree to the Contract with the City's standards and a Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root -pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a A straight cut with a root -cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump -grinding machine instead of a root -pruning machine. c All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre -approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. SEE APPENDIX'B' FOR SOILS REPORT Page 12 of 43 Appendix A Page 13 of 43 ADDITIONAL SPECIAL PROVISIONS TO SECTION 308 - LANDSCAPE IRRIGATION PART 1 -GENERAL 1.1 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 1.2 QUALITY ASSURANCE AND REQUIREMENTS: C. Permits and Fees: At the time of the award and until completion of work, the Contractor shall possess a California Contractor's "A" or "C-27" license. 2. At the time of the award and until completion of work, the Contractor and all Sub- contractors shall possess a Business License issued by the City where the project is located. 3. The Contractor shall obtain and pay for any and all permits and all inspections as required. Manufacturer's Directions: Manufacturer's directions and detailed drawings shall be followed in all cases where the manufacturers of articles used in the contract furnish directions covering points not shown in the drawings and specifications. E. Ordinances and Regulations: 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. F. 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. Page 14 of 43 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. G. Codes and Regulations: 1. Erect and maintain barricades, warning signs, lights and/or guards as necessary or required to protect all persons on the site. H. 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. 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. 1.02 SUBMITTALS: Page 15 of 43 FW L3 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 Manufacturer Model 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. 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). 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. Manufacturer's warranties shall not relieve the Contractor of his liability under Page 16 of 43 the guarantee. Such warranties shall only supplement the guarantee. 5. Manufacturer's 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. 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 %:" 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 30ff presentation bond copy. A differing color shall be used to indicate each valve and the same color used to identify the area of coverage for that valve. 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. D. Operation and Maintenance Manuals: 1. Prepare and deliver to the City within ten calendar days prior to completion of construction, hard -covered three rings binders containing the following information: a. Index sheet stating Contractor's name, address and telephone number, list of equipment with name and addresses of local manufacturer's representatives. b. Catalog and parts sheets on every material and equipment installed under this contract. C. Guarantee statement Page 17 of 43 d. Complete operating and maintenance instructions on all major pieces of equipment. e. Equipment list providing the following for each item: • Manufacturer's name • Make and model number • Name and address of local manufacturer's representatives • Spare parts list in detail 2. Provide two (2) manuals, unless otherwise directed by the City Inspector. E. Equipment to be furnished: 1. Supply as a part of this contract the following tools and equipment: a. Two (2) sets of special tools required for removing, disassembling and adjusting each type of valve installed under this contract. b. Two (2) five foot valve keys for operation of ball valves c. One (1) quick coupling valve key. 2. The above-mentioned equipment shall be turned over to the City at the end of the Establishment and Maintenance Phase. 1.03 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. 1.04 GUARANTEE: 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 Page 18 of 43 date established by the City at the end of the Landscape Establishment and Maintenance Phase. If no Landscape Establishment and 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 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 be 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: 1. Use only new materials of brands and types noted on the drawings, specified herein, or approved equivalents. B. PVC Pressure Main Line Pipe and Fittings: 1. Pressure main line piping shall be PVC Class 315 for all pipe 2" and larger, and Schedule 40 for all pipes 1-1/2" and smaller, purple pipe with solvent welded Page 19 of 43 J oints. 2. Pipe shall be made from NSF approved Type 1, Grade 1 PVC compound conforming to ASTM resin specification D 1784 or D 2241. All pipe must meet requirements as set forth in Federal Specification PS -21-70 (Solvent -Weld Pipe) and meet requirements of Cell Classification 12454B. This compound shall have a 2,000 -PSI hydrostatic design stress rating. 3. PVC solvent -weld fittings shall be Schedule 40, 1-2, 11-1 NSF approved conforming to ASTM test procedure D 2466. 4. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of the type and installation methods prescribed by the manufacturer. 5. All PVC pipe must bear the following markings: a. Manufacturer's name b. Nominal pipe size C. Schedule or Class d. Pressure rating in PSI e. NSF (National Sanitation Foundation) approval f. Date of extrusion 6. All fittings shall bear the manufacturer's name or trademark, material designation, size, applicable IPS schedule and NSF seal of approval. Fittings shall be standard weight Schedule 40, injection molded of PVC fitting compound which meets current ASTM D 1784-69 and requirements described in Cell Classification 13454B. Threads required in plastic fittings shall be injection molded. Tees and ells shall be side gated. C. PVC Non -Pressure Lateral Line Pipe: 1. Non -Pressure buried lateral line pipe shall be PVC Schedule 40 purple pipe 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. D. Threaded Nipples: 1. Threaded nipples shall be standard weight, schedule 80, grey, with molded threads. 2. Assemble threaded fittings using teflon tape applied to male threads only. E. Joint Primer: Page 20 of 43 1. Type as recommended by manufacturer of pipe. F. Joint Cement: 1. Solvent type as recommended by manufacturer. G. Ball Valves: 1. Shall be as specified on plans. H. Quick Coupling Valves: 1. Quick coupling valves shall have a brass two-piece body designed for working pressure of 150 PSI operable with quick coupler key. Key size and type shall be as shown on plans. 2. Hinge cover shall be of heavy duty brass construction with a durable high quality locking yellow, (potable) thermoplastic rubber cover bonded to it in such a manner that it becomes a permanent -type cover. 3. Locate valves within 12 inches of hardscape edge unless otherwise noted on plans. 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 recycled water tags with valve sequence for each valve. J. Valve Boxes: 1. Ball Valves: Use 10" diameter x 10-1/4" round boxes, Carson industries #910-1213 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. Drip Assemblies: Use oversized boxes for drip irrigation system assemblies to allow adequate room around component for installation repair and replacement without disturbing the box. Carson Industries #1730B-P12B (20-1/2" x33 - 1/2'x12' deep rectangular box) with green ABS bolt -down lid or approved equivalent. 4. Pull Boxes: Pull boxes shall be 10" top diameter, 13" bottom diameter and 10 - Page 21 of 43 1/4" deep round box with lock bolt cover. Box shall be green in color. 5. Identification numbers shall be branded onto the box lids in 2 inch high letters and numbers. 6. Vehicle traffic area boxes shall be concrete with cast-iron lid designed for vehicle traffic use. K. 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 manufacturer's 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. If more than one route is available for extra wires, contact the City Inspector for the number of extra wires to be run in differing directions. L. Landscape Dripline (if specified): 1. All Landscape Dripline shall be of the size, type and deliver the same rate of discharge in GPM as shown on the drawings. PART 3 — EXECUTION Page 22 of 43 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. 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. 3.02 PREPARATION: 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 dripline 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. Page 23 of 43 B. Water Supply: 1. Sprinkler irrigation system shall be connected to water supply points of connection as shown on drawings. 2. Connections shall be made at approximate locations as shown on the drawings. Contractor is responsible for minor changes caused by actual site conditions. 3.03 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 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. Pipe / wire sleeves crossing street are existing. Verify locations with City inspector. 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 (1/2) 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. Page 24 of 43 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 its 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 manufacturer's specifications. PVC pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before installation. Installation and solvent welding methods shall be as recommended by the pipe and fitting manufacturer. 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 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. Align boxes with adjacent paving in a neat manner, squared to the walk and each other. F. Flushing of System: 1. After all new drip lines 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. G. Landscape Dripline (if specified): 1. Install the landscape dripline as designated on the drawings. Landscape dripline Page 25 of 43 to be installed in this work shall be equivalent in all respects to those itemized on the drawings. 2. Spacing of landscape dripline 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 landscape dripline for optimum performance. 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. Before testing mainlines, fill the lines with water for a period of at least 24 hours. 5. All hydrostatic mainline testing shall be completed prior to the installation of remote control valves, quick couplers, or other valve assemblies. 6. 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. 7. All piping under paved areas shall be tested under hydrostatic pressure of 150 PSI and proved water tight, prior to paving. 8. 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. 9. 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. 30. The Contractor shall furnish the force pump and all other test equipment necessary for the testing of the irrigation system. 11. The Contractor shall make all necessary provisions for thoroughly bleeding the line of air and debris. 12. When the landscape dripline irrigation system is completed, perform a coverage test in the presence of the City Inspector, to determine if the water coverage for Page 26 of 43 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. 13. 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 landscape dripline 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 Landscape Establishment 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 Landscape Establishment and 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 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. -End- Page 27 of 43 SECTION 32 90 00 LANDSCAPE PLANTING PART 1 - GENERAL 1.01 SCOPE OF WORK: A. Furnish all labor, materials, equipment, transportation, and services necessary to provide and install landscape planting as shown on the drawings and described herein. B. Related Work Specified in Other Sections: 1. Landscape Irrigation 32 88 00 2. Landscape Establishment and Maintenance 1.02 QUALITY ASSURANCE AND REQUIREMENTS: A. Source Quality Control: 1. Arrange procedure for inspection of plant material with City Inspector prior to work. 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. 2. Submittal of pictures will be allowed for general plant material review. Submittal of pictures shall not be considered as a final inspection of plant material. Final acceptance or rejection of plant material shall only be considered on-site with the actual plant material being considered. 3. Plant material for this project shall consist of the best plant material available. Material not meeting the City Inspector's satisfaction, including multiple rejections, shall be returned to the nursery where it was obtained at no additional cost to the City. 1.03 SUBMITTALS: A. Certificate of Inspection of plant material by State or Federal Authority shall be presented if requested by the City. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: A. Delivery: 1. Deliver fertilizer to site in original unopened containers bearing manufacturer's guaranteed chemical analysis, name, trademark, and conformance to state law. Page 28 of 43 2. Deliver plants with legible identification labels. a. Label evergreens, bundles of containers of like shrubs, or groundcover plants. b. Use durable waterproof labels with water-resistant ink which will remain legible for at least 60 days. 3. Protect plant material during delivery to prevent damage to root ball or desiccation of leaves. 4. The Contractor shall notify the City Inspector forty eight (48) hours in advance of delivery of all plant materials and shall submit an itemized list of the plants. B. Storage: 1. Store plant material in the shade and protect from the weather. 2. Maintain and protect plant material not to be planted within four (4) hours. C. Handling: 1. Do not drop plant materials. 2. Do not pick up container plant material by stems or trunks. 1.05 JOB CONDITIONS: A. Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted industry practice. 1.06 SAMPLES AND TESTS: A. The City reserves the right to take and analyze samples of materials for conformity to specifications at any time. Rejected materials shall be immediately removed from the site at the Contractor's own expense. The cost of testing of materials not meeting specifications shall be paid by the Contractor. B. The Contractor shall provide (2) additional soil samples tested after finish grades have been established to best represent the site soil conditions and confirm pre-existing conditions. Surface samples shall be taken with a trowel at 0" to 12" deep into finish grade. All samples shall be tested by an established soils laboratory for soil fertility and agricultural suitability. Each sample shall contain approximately one quart, but no less. Copies of the laboratory's recommendations shall be sent to the City and the City Inspector upon receipt by the Contractor with a statement denoting and additional or deductive costs. The Contractor shall then install soil amendments and backfill to conform to the soil laboratory's recommendations by first requesting and receiving a written change order from the City. This report shall also contain recommendations for palm tree sub -soil drainage, import soil for over native soil, and/or any other special conditions particular to the project site and design. Special consideration should be given the soil samples for the presence of soil sterilants as the planting areas were prior under Page 29 of 43 paving. The City may request additional testing of finish grades to determine actual amendment rates per 1.06 A above. The contractor shall include the plant list from the Planting plans along with the soil samples for compatibility comparison by the soils laboratory. 1.07 GUARANTEE AND REPLACEMENT: A. All plant material installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one (1) year from the effective date of completion of the Establishment and Maintenance phase of the project as established by the City. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the City Inspector, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the City. B. Any materials found to be dead, missing or in poor condition during the Establishment and Maintenance phase shall be replaced immediately. The City Inspector shall be the sole judge as to the condition of the material. PART 2 — PRODUCTS 2.01 MATERIALS: A. The following organic and soil amendments and fertilizer are to be used for bidding purposes only. Specific amendments and fertilizer specification will be made after grading operations are complete and soil samples are tested by the Contractor. B. All materials shall be of standard, approved and first grade quality and shall be in prime condition when installed and accepted. Any commercially processed or packaged material shall be delivered to the site in the original unopened container bearing the manufacturer's guaranteed analysis. Contractor shall supply the City Inspector with a sample of all supplied materials accompanied by analytical data from an approved laboratory source illustrating compliance or bearing the manufacturer's guaranteed analysis upon request. C. Organic Material: 1. Nitrogen Stabilized: 0.56 to 0.84% N based on dry weight for redwood sawdust. 2. Particle Size: 95%-100% passing 6.35mm standard sieve; 80%-100% passing 2.33mm standard sieve. 3. Salinity: The saturation extract conductivity shall not exceed 3.5 milliohms/centimeter at 25 degrees centigrade as determined by saturation extract method. 4. Iron Content: Minimum 0.08% dilute acid soluble Fe on dry weight basis. S. Ash: 0-6.0% (dry weight). Page 30 of 43 D. Soil Amendments: 1. Gypsum: Agricultural grade produce containing 98% minimum calcium sulfate. 2. Planting tablets: a. Myco Tabs (Endo-Ecto Tablets 17-9-5) as manufactured by Tri -C or approved equivalent, applied per manufacturer's recommendations. E. Top Soil: 1. Top soil, as required, shall be obtained from on-site planting excavations if at all possible and shall be approved by the Engineer. 2. Top soil shall consist of a natural, fertile, friable, sandy loam soil possessing the characteristics of representative soils in the vicinity which produce heavy growth of crops, grasses, or other vegetation and shall be obtained from natural well drained areas. Before excavating existing soil, the surface at the source of supply is to be stripped to a depth of two inches in order to remove weed seeds, roots, etc. Imported topsoil shall consist of either fine sand or loamy sand textured soil meeting the following specifications: Silt plus clay content of the top soil shall not exceed 30% by weight with a minimum 95% passing the 2.0 millimeter sieve. The sodium absorption ratio (SAR) shall not exceed 6 and the electrical conductivity (ECe) of the saturation extract of the soil shall not exceed 3.0 milliohms/centimeter at 25 degrees Centigrade. The boron content of this soil shall be no greater that 1 ppm as measured on the saturation extract. The pH shall not exceed 7.0 and be not less than 6.0. In order to insure conformance, samples of the import soil shall be submitted to a qualified soil laboratory for analysis prior to shipping. This specification applies to import soil to be used for backfill purposes in problem soil areas. In landscape areas where no soil problems exist, the textural characteristics shall be similar to native soil. The source of soil shall be free from Bermuda grass and other noxious weeds or grasses. Topsoil shall be free from refuse, heavy roots, clay lumps, stones larger than one inch in size, noxious weeds, sticks, brush, litter and other deleterious substances. In no case shall there be more than five percent by volume of the following: stones larger than one inch, coarse sand, and small clay lumps. The Contractor shall furnish the City with the proposed source or sources of topsoil to be used at least fifteen (15) working days prior to delivery. The Contractor at his own expense, shall obtain soil samples from his intended top soil source and have a soil analysis performed by a soil testing laboratory to ensure conformity with the preceding specifications. Topsoil shall not be delivered to the work site prior to approval by the City. Any delay caused by the failure of soil tests to meet these specifications shall be the sole responsibility of the Page 31 of 43 Contractor. F. Plant Material: 1. Plants shall be in conformance with the California State Department of Agriculture's regulation for nursery inspections, rules and rating. All plants shall have a normal habit of growth and shall be sound, healthy, vigorous and free of insect infestations, plant diseases, sunscalds, fresh abrasions of the bark, excessive abrasions, or other objectionable disfigurements. Tree trunks shall be sturdy and well "hardened" off. All plants shall have normally well-developed branch systems, not sparse, irregularly spaced, thin branched or having off - balanced head. All shall have vigorous and fibrous root systems that are not root or pot-bound. The root conditions of the plants furnished by the Contractor in containers will be determined by removal of earth from the roots of not less than two plants of each species or variety. Where container -grown plants are from several sources, the roots of not less than two plants of each species or variety from each source will be inspected. In case the sample plants inspected are found to be defective, the City Inspector reserves the right to reject the entire lot or lots of plants represented by the defective samples. The City is the final judge of acceptability. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will be provided at the expense of the Contractor. 2. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock unless specified otherwise in these specifications or as otherwise specified in the drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform to the measurements, specified on the drawings. Plants larger in container size than specified may be used with the approval of the City Inspector. But the use of larger plants will make no change in contract price. If the use of larger plants is approved, the ball of earth or spread of roots for each plant will be increased proportionately. 3. Rejection or substitutions: a. All plants not conforming to the requirements herein specified, shall be considered defective and such plants, whether in place or not, shall be marked as rejected and immediately removed from the site of the work and replaced with new plants at the Contractor's expense. The plants shall be of the species, variety, size and condition specified herein or as shown on the drawings. Under no conditions will there be any substitution of plants or sizes listed on the accompanying plans, except with the expressed written consent of the City Inspector. 4. Plant material shall be true to botanical and common name and variety as specified in, "A Checklist of Woody Ornamental Plants in California," Manual 32, published by the University of California School of Agriculture (1963). Page 32 of 43 5. Nursery Grown and Collected Stock: a. Grown under climatic conditions similar to those in locality of the project. b. Container -grown stock in vigorous, healthy condition not root -bound or with root system hardened off. C. Use only liner stock plant material that is well-established in removable containers or formed homogeneous soil sections. 6. Substitute plant material will not be permitted without specific written approval by the City Inspector. G. Mulch Cover: 1. All shrub planting shall receive a surface layer of nitrogen fortified shredded tree and plant material mulch. Aguinaga Forest Floor 0"-2" Provide depth of 2" minimum over finish grade in general planting areas (including slopes). No bare earth shall be showing through mulch cover. Curbs, walks, or other paving shall be located 1" over the top of the mulch cover. H. Miscellaneous Materials: 1. Sand: a. Washed plaster sand or equivalent. 2. Herbicides: a. Pre -emergent herbicide: Ronstar or equivalent b. Post Emergent herbicide: Mg Pro Organic Weed Killer Concentrate or equivalent PART 3 — EXECUTION 3.01 INSPECTION: A. Verify that final grades have been established prior to beginning planting operations. B. Inspect trees, shrubs, and liner stock plant material for injury, insect infestation and trees and shrubs for improper pruning. C. Do not begin planting until irrigation mainline pressure test and irrigation coverage tests are accepted. 3.02 PREPARATION: A. Stake out locations for plants and outline of planting beds on the ground with non-toxic substance as gypsum. B. Do not begin excavation until plant locations and plant beds are acceptable to the City Page 33 of 43 Inspector. 3.03 INSTALLATION: A. Excavation for Planting: 1. Pits and Trenches: a. Shape: 1. Dig vertical sides and flat bottom on all pits and trenches. 2. Plant pits to be square for box material, and circular for canned material. b. Size: 1. All plant pits for shrubs shall be dug twice the diameter and the exact depth of the root ball. 2. Refer to the plans for the size of tree plant pits. B. Preparation of Planting Areas: 1. The following materials and rates are included for bidding purposes only. Once the final soils report has been reviewed and bid costs adjusted accordingly, the City shall issue a field notification for the actual amendments, rates, and manner of installation. The following materials and rates are for bidding purposes only, a. Tree and Shrub Backfill (The following is expressed per cubic yard of soil): I. Potassium sulfate (0-0-50) — 2/3 pound 2. Triple superphosphate (0-45-0)- 1/4 3. agricultural gypsum -8 pounds 4. organic soil amendment - about 15% by volume, sufficient for 3% to 6% soil organic matter on a dry weight basis 2. All soil areas shall be compacted and settled by application of heavy irrigation to a minimum depth of twelve (12) inches. C. Final Grades: 1. After the foregoing specified deep watering, minor modification to grade may be required to establish the final grade. These areas shall not be worked until the moisture content has been reduced to a point where working it will not destroy soil structure. a. Finish grading shall insure proper drainage of the site. b. All areas shall be graded so that the final grades will be 2" below adjacent Page 34 of 43 paved areas, sidewalks, top of curbs, and valve boxes in shrub/tree areas. C. Eliminate all erosion scars. d. At time of planting, the top two (2) inches of all areas to be planted shall be free of stones, stumps, or other deleterious matter one (1) inch in diameter or larger, and shall be free from all wire, plaster, or similar objects that would be a hindrance to planting or maintenance. e. Finish grading shall be consistent and free from undulations, irregularities or depressions. Areas filled by floating loose soil into depressions shall be thoroughly watered to ensure compaction. D. Dispose of Excess Soil: 1. Dispose of unacceptable or unused excess soil off-site in a manner consistent with local codes. E. Maintenance of Final Grades: 1. It shall be the responsibility of the Contractor to maintain the final grades throughout the Construction Phase. All erosion shall be properly repaired at the Contractor's own cost to the City's satisfaction. Any slope soil run-off onto adjacent paving areas shall be cleaned regularly by the Contractor. 3.04 PLANTING INSTALLATION A. General: 1. Actual planting shall be performed during those periods when weather and soil conditions are suitable and in accordance with locally accepted practice, as approved by the City Inspector. 2. Only as many plants as can be planted and watered on that same day shall be distributed in a planting area. 3. Containers shall be opened and plants shall be removed in such a manner that the ball of earth surrounding the roots is not broken. The plants shall be planted and watered as herein specified immediately after removal from the containers. Containers shall not be opened prior to placing the plants in the planting area. B. Weed Control: 1. After soil preparation and establishment of final grades prior to any planting, the Contractor shall irrigate thoroughly for a period of time, two to three weeks, until the weed seeds have germinated. When there is sufficient weed seed germination, the Contractor shall apply a post -emergent contact herbicide according to the directions of the manufacturer, conforming to any and all codes affecting herbicide handling and use. 2. The contractor shall then wait an additional two (2) weeks to allow the herbicide to dissipate, then plant as indicated in the plans and specifications. Page 35 of 43 3. The Contractor shall remove any residual foliage. Roots shall be removed except on slopes 2:1 or greater where they shall remain to add to the slope's stability. 4. The City shall be made aware of the scheduling impacts of the weed abatement period prior to starting landscape work. 5. Post planting pre -emergent herbicide shall be uniformly sprayed for all planting areas (1-3 gallons of solution per 1,OOOs.f. or per mfr recommendations). Irrigate at least''/:" of water within the initial 21 days of application. City inspector shall confirm timing of application (normally Jan -Apr). C. Lay -out of Major Plantings: 1. Locations of plants and outlines of areas to be planted shall be marked on the ground with gypsum by the Contractor before any plant pits are dug. All locations as noted on the Planting Plans shall have actual plants provided and layed out on the medians for approval by the City Inspector prior to installation. The contractor shall establish a schedule for review of these sample areas with the City Inspector prior to overall project plant layout. If an underground construction or utility line is encountered in the excavation of planting areas, notify the City immediately to clarify if the utility line is dangerous. Other locations for planting may be selected by the City Inspector. D. Planting of Shrubs: 1. Excavation for planting shall include the stacking of all acceptable topsoil encountered within the areas to be excavated for trenches, tree holes, plant pits and planting beds. 2. Excess soil generated from the planting holes and not used as backfill or in establishing the final grades shall be removed from the site in a manner consistent with all local codes. 3. Protect all areas from excessive compaction when trucking plants or other materials to the planting site. 4. All excavated holes shall have vertical sides with roughened surfaces. 5. Center plant in pit or trench. 6. Face plants with fullest growth into prevailing wind, unless otherwise directed by the City Inspector. 7. Set plants plumb and hold rigidly in position until soil has been tamped firmly around root ball. 8. All plants which settle deeper than specified above shall be raised to the correct level. After the plant has been placed, additional backfill shall be added to the Page 36 of 43 hole to cover approximately one-half of the height of the root ball. At this stage, water shall be added to the top of the partly filled hole to thoroughly saturate the root ball and adjacent soil. 9. Can Removal: a. Cut cans on two sides with an acceptable can cutter. b. Do not injure root ball. C. Do not cut cans with a spade or ax. d. Carefully remove plants without injury or damage to the root ball. e. After removing the plant, superficially cut edge -roots with a knife on three sides. 10. Hand backfill and hand tamp leaving a slight depression around bases of plants. a. After the water has completely drained, planting tablets shall be placed as indicated on the manufacturer's specifications. 11. Backfill the remainder of the hole. 12. Planting tablets shall be set with each plant on the top of the root ball whole the plants are still in their containers so the required number of tablets to be used in each hole can be easily verified. 3.05 CLEAN-UP A. After all planting operations have been completed, remove all trash, excess soil, empty plant containers and rubbish from the property. All scars, ruts or other marks in the ground caused by this work shall be repaired and the ground left in a neat and orderly condition throughout the site. The Contractor shall pick up all trash resulting from this work no less frequently than each Friday before leaving the site, once a week, and/or the last working day each week throughout the Construction Phase. All trash shall be removed completely from the site. B. The Contractor shall leave the site area broom -clean and shall wash down all paved areas within the contract area, leaving the premises in a clean condition throughout the Construction Phase. END - Page 37 of 43 SECTION 02970 LANDSCAPE ESTABLISHMENT AND MAINTENANCE PART 1 — GENERAL 1.08 SCOPE OF WORK: A. Furnish all labor, materials, transportation, and services necessary to provide landscape establishment and Maintenance to the project as described herein. B. Related Work Specified In Other Sections: 1. Landscape Irrigation 2. Landscape Planting 1.09 GENERAL ESTABLISHMENT AND MAINTENANCE: A. The length of the Establishment and Maintenance phase shall be ninety (90) days. B. Establishment and Maintenance of plant materials shall include, but not be limited to, trimming, pruning, watering, fertilization, weed control, cultivation, pest control and clean up. The Contractor shall keep the site in a state of perpetual growth and repair. Irrigation maintenance shall include periodic operation of the system, adjustments, and minor repairs as necessary. C. All hardscape shall be kept clear of debris from the maintenance operations, erosion, run- off, irrigation, or wind blown debris. Clean up of walks shall be the Contractor's responsibility. Street gutters shall be included within the debris/siltation removal program. D. The Contractor shall provide a general clean-up operation at least once a week for the purpose of removing trash or debris which may accumulate from the use of the area, wind blown debris, or other refuse. E. All personnel on the project shall be well trained, clean, neat at all times, and be conversant with these specifications. F. All work shall be performed in accordance with the best landscape maintenance practices and in keeping with the high aesthetic level of the facilities being maintained. G. Contractor shall be responsible for removing all weeds in joints of curbs, and hardscape throughout the project. H. All landscape areas shall be patrolled weekly to check for vandalism damage, broken tree branches, rodents, insects, pests, and diseases. Water management: Page 38 of 43 1. Water only as required to allow penetration into the soil and avoid excess run-off. Once plant material is established, water only as needed to maintain healthy plant material. 2. Avoid water waste by setting controllers appropriately for the current season and weather. J. Avoid blocking the clear view of signs, illumination of light fixtures, and conflict with pedestrians and vehicles or their views. K. Safety of users shall be a prime goal of maintenance especially in regard to pruning of trees and trimming of plants away from walkways and/or structures. L. The Contractor, at his own expense, shall replace all plant material that has failed during the establishment and Maintenance phase. 1.10 QUALITY ASSURANCE: A. Work Force: 1. The Contractor's representative shall be experienced in landscape maintenance and shall have received an education in ornamental horticulture. The Contractor shall give his personal supervision to the work or shall have a competent foreman on the job site at all times during progress of the work. 2. The Contractor shall provide and maintain a current list of emergency telephone numbers for 24-hour emergency response. The Contractor shall initiate remedial action within two (2) hours from the time of notification. 1.11 ESTABLISHMENT AND MAINTENANCE PHASE: A. The Contractor shall continuously maintain all areas involved in this contract during the progress of the work and during the Establishment and Maintenance phase until final acceptance of the work by the City. B. Improper maintenance or poor condition of any plantings as determined by the City Inspector, during or at the end of the scheduled establishment and Maintenance phase may cause postponement of the final completion date of the contract. Project maintenance shall be continued by the Contractor until all work is acceptable to the City. C. Projects will not be segmented into separate Establishment and Maintenance phases unless specific work phases are indicated with the contract documents. D. Any period of time the Contractor fails to adequately maintain plantings, replace unsuitable plants, perform weed control or other work, as determined by the City, that time will not be credited to the plant establishment and Maintenance phase, and shall be added on the end of the Establishment and Maintenance phase. E. The Contractor's establishment and Maintenance phase shall be extended to the City's Page 39 of 43 satisfaction should the provisions within these plans and specifications not be fulfilled to the City's satisfaction. 1.12 START OF ESTABLISHMENT AND MAINTENANCE PHASE: A. The Establishment and Maintenance phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete. B. The Contractor shall request an inspection to begin the Establishment and Maintenance phase after all planting and related work has been completed in accordance with the contract documents. If such criteria are met to the satisfaction of the City, a field notification shall be issued to the Contractor from the City, to establish the effective beginning date of the Establishment and Maintenance phase. The City has the ultimate authority in setting the beginning date for the Establishment and Maintenance phase. 1.13 GUARANTEE AND REPLACEMENT: A. All plant material installed under the contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for a period of one year. This guarantee shall begin from the date of final acceptance at the end of the Establishment and Maintenance phase as established by the City. Any plant material found to be dead, missing or in poor condition as determined by the City Inspector, shall be replaced by the Contractor at his expense. B. Any materials found to be dead, missing, or in poor condition as determined by the City Inspector, during the Establishment and Maintenance phase shall be replaced immediately, not at the end of the Establishment and Maintenance phase prior to inspection. The City Inspector shall be the sole judge as to the condition of material. Material to be replaced within the guarantee period shall be replaced by the Contractor within seven (7) days. 1.14 FINAL PROJECT SUBMITTALS: A. Prior to the date of the final inspection at the end of the Establishment and Maintenance phase, the Contractor shall acquire from the City Inspector mylar prints at the Contractor's expense, and record from the job record set all changes made during construction, label as "Record Drawings", and deliver to the City . Prior to the date of final inspection at the end of the Establishment and Maintenance phase, the Contractor shall deliver to the City the "Landscape and Irrigation Guarantee" as required. All other submittals as incorporated in the Irrigation and Planting Specifications shall also be completed prior to the final acceptance by the City. PART 3 — EXECUTION 3.01 MAINTENANCE: A. Maintenance shall conform to the following standards: 1. All areas shall be kept free of debris and all planted areas shall be weeded and Page 40 of 43 cultivated at intervals of not more than seven (7) days. Watering, edging, trimming, fertilization, spraying and pest control, as may be required, shall be included in the establishment and Maintenance phase. 2. The Contractor shall be responsible for maintaining adequate protection of the entire project area. Damaged areas caused by erosion, tire damage, graffiti, pests or other damage as deemed by the City shall be repaired at the Contractor's expense. 3. All sidewalks, paved areas and other areas adjacent to the planting areas shall be cleaned of all debris, soil, or other materials at intervals of not more than seven (7) days. 3.02 SHRUB CARE: A. Watering: 1. Maintain a large enough water basin around plants in groundcover areas so that enough water can be applied to establish moisture through the major root zone. When hand -watering, use a water wand to break the water force. Use mulches to reduce evaporation and frequency of watering. B. Pruning: 1. Shrubs: a. Shrubs shall not be clipped in balled or boxed forms unless such is required by the design. b. All burning cuts shall be made to lateral branches or buds or flush with the trunk. Stubbing will not be permitted. C. Remove any spent blossoms or flower stalks after flowering. d. Hedges and most plant masses shall be pruned into a mass form, not individual plant balls or boxes. e. All shrubs that normally require mowing or severe cutting back for horticultural reasons shall be cut back only after approval to do so by the City Inspector. C. Weed Control: 1. Keep basins and areas between plants free of weeds. Use recommended legally approved pre -emergent herbicides and removal by hand methods. Avoid frequent soil cultivation that destroys shall roots. Use mulches to help prevent wee seed germination. Avoid post -emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. 2. Use of chemical spraying may be necessary to rid turf areas of noxious weeds. D. Insect Control: Page 41 of 43 1. Maintain a reasonable control with approved materials and methods that are legally accepted in the area. E. Disease and Pest Control: 1. The Contractor shall be responsible to control all diseases and pests during the Establishment and Maintenance phase. All disease and pest control materials and methods shall be at the direction of a licensed pest control operator. The City shall be made aware of all methods and materials to be used for disease and pest control. The Contractor shall implement the control measures exercising extreme caution in using pesticides and taking all necessary steps to ensure the safety of the public. F. Fertilization: 1. Fertilize all planting areas with the following materials. These materials and schedules are intended for bidding purposes only. Actual materials and rates shall be specified in the project soil fertility and agricultural suitability report. Any changes in cost from these specifications shall be approved in writing from the City prior to any work. a. Beginning of Establishment and Maintenance phase: Ammonium sulfate 5 lbs./1,000 sq.ft. b. End of first 30 days: Ammonium sulfate 5 lbs./1,000 sq.ft. C. At additional 60 day periods: Granular Fertilizer 16-6-8 6 lbs./1,000 sq.ft. 2. Avoid applying fertilizer to the root ball and base of main stem; rather spread evenly under plant to the drip line. Rates will vary from about a cup of nitrate fertilizer, (depending on nitrogen percentage) around a newly planted small plant, to about one-half (1/2) Ib. of actual nitrogen per inch of trunk diameter measured four feet from the ground for mature trees. 3.03 IRRIGATION SYSTEM A. The Contractor shall check all systems for proper operation a minimum of once a month. Lateral lines shall be flushed out at flush valve as deemed necessary B. Set and program automatic controller with the project's additional valve for seasonal water requirements. The Contractor shall adjust his watering schedule equal to the application rate each area is capable of receiving based on topography, soil type, plant material, season, and weather. Give City a key to controllers and instructions on how to turn off the system in case of emergency. C. Repair all damages to the irrigation system at the Contractor's expense. Repairs shall be made within one watering cycle. All replaced equipment shall match the equipment specified on the plans and specifications. Page 42 of 43 3.04 FINAL ACCEPTANCE A. The Contractor shall be aware that the landscape shall be in a vigorous and thriving condition prior to final acceptance. All plant material which may still be under stress from the Construction Phase shall at this time be rejected and replaced by healthy and vigorous plant material prior to final acceptance. B. All plant material shall have new growth trimmed neatly. -END- Page 43 of 43 Appendix B Soils Report 44 of WALLACE LABORATORIES, LLC 365 Coral Circle El Segundo, CA 90245 phone (310) 615-0116 fax (310) 640-6863 February 23, 2017 Art Guy, art@bgb-inc.com BGB Design Group 3185-C Airway Ave. Costa Mesa, CA 92626 RE: MacArthur Blvd., HAL -1501.01 Dear Art, The pH is slightly acidic at 6.70. Salinity is high at 13.59 millimho/cm. Soils are defined as being saline if the salinity is over 4 millimho/cm. Chloride is high at 4,185 parts per million in the saturation extract. Salt -sensitive plants need chloride below about 150 parts per million. Nitrogen is high. Phosphorus, potassium, and iron are low. Manganese, zinc, copper and boron are sufficient. Magnesium is high. Sulfur is modest. Total available sodium is high. SAR (sodium adsorption ratio) is 9.7. High magnesium is undesirable. Magnesium limits the uptake of potassium and calcium. It acts like sodium and disperses soil crumbs. Periodic additions of gypsum can be made to reduce the effects of high magnesium. High sodium and high SAR values have adverse effects on soil physical properties including reduced water percolation, decreased soil aggregate stability, increased clay dispersion, increased swelling of expandable clays, increased surface crusting and reduced soil tilth. High sodium also restricts the uptake of competitive ions such as potassium. Normally the SAR should be less than 3. Soils are defined as being sodic if the SAR is over 13. Gypsum can be applied followed with leaching to lower the concentration of sodium and SAR. The rate of water percolation is moderate at 1.53 inches per hour. Recommendations The amended soil needs to be reclaimed unless halophytes are used. Otherwise, reclaim the soil prior to planting. Soils can be reclaimed at each pit or soil can be amended and reclaimed in a stockpile. Make sure that each planting pit has good drainage. A daylighted horizontal subdrain may be needed in each planting pit. Do not plant at the point of water discharge - the leachate water will be brackish. Over size the planting pits. Soil Analyses Plant Analyses Water Analyses BGB Design Group, February 23, 2017, page 2 For the preparation on a volume basis, homogeneously blend the following into clean soil. Rates are expressed per cubic yard: Potassium sulfate (0-0-50) — 2/3 pound Triple superphosphate (0-45-0) - 1/4 agricultural gypsum — 8 pounds organic soil amendment - about 15% by volume, sufficient for 3% to 6% soil organic matter on a dry weight basis General soil preparation on a square foot basis, broadcast the following materials uniformly. The rates are per 1,000 square feet for a 6 -inch lift. Incorporate them homogeneously 6 inches deep: Potassium sulfate (0-0-50) — 12 pounds Triple superphosphate (0-45-0) - 4 pounds agricultural gypsum - 150 pounds organic soil amendment - about 3 cubic yards, sufficient for 3% to 6% soil organic matter on a dry weight basis Organic soil amendment suggestions 1. Humus material shall have an acid -soluble ash content of no less than 6% and no more than 20%. The organic matter content shall be at least 50% on a dry weight basis. 2. The pH of the material shall be between 6 and 7.5. 3. The salt content shall be less than 10 millimho/cm @ 25° C. (ECe less than 10) in a saturated paste extract. 4. Boron content of the saturated extract shall be less than 1.0 part per million. 5. Silicon content (acid -insoluble ash) shall be less than 50%. 6. Calcium carbonate shall not be present if to be applied on alkaline soils. 7. Types of acceptable products are composts, manures, mushroom composts, straw, alfalfa, peat mosses etc. low in salts, low in heavy metals, free from weed seeds, free of pathogens and other deleterious materials. 8. Composted wood products are conditionally acceptable [stable humus must be present]. Wood based products are not acceptable which are based on red wood or cedar. 9. Sludge -based materials are not acceptable. 10. Carbon:nitrogen ratio is less than 25:1. 11. The compost shall be aerobic without malodorous presence of decomposition products. 12. The maximum particle size shall be 0.5 inch, 80% or more shall pass a No. 4 screen. Soil Analyses Plant Analyses Water Analyses BGB Design Group, February 23, 2017, page 3 Maximum total permissible pollutant concentrations in amendment in parts per million on a dry weight basis: arsenic 10 copper 100 selenium 30 cadmium 15 lead 100 silver 5 chromium 100 mercury 5 vanadium 200 cobalt 50 molybdenum 20 zinc 200 nickel 100 Leach after amending. Make sure that there is sufficient drainage. One foot of water may be needed to reclaim soil 6 inches deep. Lower the SAR to less than 4. Lower the salinity to less than 3 millimho/cm. Lower the chloride to less than 150 parts per million in the saturation extract. Afterwards, apply calcium nitrate (15.5-0-0) at 6 pounds per 1,000 square feet. Normally irrigate the slopes deeply and slowly but not frequently. For site maintenance, apply calcium nitrate (15.5-0-0) at 6 pounds per 1,000 square feet about once per quarter. Apply gypsum at 15 pounds per 1,000 square feet several times a year or as needed to help balance the high magnesium. Monitor the site with periodic soil testing. Adjust the maintenance program as needed. Sincerely, Garn A. Wallace, Ph. D. GAW:n Soil Analyses Plant Analyses Water Analyses WALLACELABS SOILS REPORT IPrintDate Feb.22,2017 Receive Date 2/22/17 365 Coral Circle Location MacArthur Blvd., HAL-1501.01 EI Segundo, CA 90245 Requester Arthurd D. Guy III, BGB Design Group (310) 615-0116 graphic interpretation. * very low, ** low, *** moderate * * * -high,- * * * * veryhigh ammonium bicarbonate/DTPA I extractable - mg/kg soil Sample ID Number 17-53-22 Interpretation of data Sample Description Soil Sample Received 02/22/2017 low medium high elements graphic 0 - 7 8-15 over 15 phosphorus 2.74 0-60 60-120 121-180 potassium 48.85 ** 0 - 4 4- 10 over 10 iron 1.93 0-0.5 0.6- 1 overt manganese 3.06 **** 0 - 1 1 - 1.5 over 1.5 zinc 1.18 *** 0-0.2 0.3-0.5 over 0.5 copper 1.27 **** 0-0.2 0.2-0.5 over) boron 0.22 *** 386.65 *** calcium magnesium 1,057.23 ***** sodium 1,319.16 ***** sulfur 125.92 *** molybdenum 0.23 **** nickel 0.48 n d The following trace aluminum elements may be toxic arsenic 0.18 The degree of toxicity barium 0.15 depends upon the pH of cadmium 1.03 ** the soil, soil texture, chromium n d organic matter, and the cobalt 0.05 concentrations of the lead 0.06 individual elements as well lithium 0.04 * as to their Interactions. mercury n d * selenium n d * The pH optimum depends silver n it * upon soil organic strontium 2.51 * matter and clay content- tin 0.18 * for clay and loam soils: vanadium 0.30 * under 5.2 is too acidic 6.5 to 7 is ideal Saturation Extract over 8.0 is too alkaline pH value 6.70 *** 13.59 ***** The ECe is a measure of ECe (milli- the soil salinity: mho/cm) millieq/1 1-2 affects a few plants calcium 625.4 31.3 2-4 affects some plants, magnesium 656.9 54.3 > 4 affects many plants. sodium 1,461.8 63.6 potassium 5.1 0.1 cation sum 149.2 problems over 150 ppm chloride 4,185 117.9 good 20 - 30 ppm nitrate as N 110 7.8 phosphorus as P 5.6 0.2 toxic over 800 sulfate as S 264.9 16.6 anion sum 142.5 toxic over I for many plants boron as B 0.16 9.7 ***** 491 L53 increasing problems start at 3 SAR est. gypsum requirement-lbs./1000 sq. ft. infiltration rate inches/hour estimated soil texture sandy loam time (calcium carbonate) no organic matter low/fair moisture content of soil 6.1% half saturation percentage 24.9% Elements are expressed as mg/kg dry soil or mg/I for saturation extract. pH and ECe are measured in a saturation paste extract. nd means not detected Analytical data determined on soil fraction passing a 2 mm sieve.