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HomeMy WebLinkAboutC-7189-1 - West Coast Highway Landscape Improvements - Phase 1January 8, 2020 All American Asphalt, Inc. Attn: Jerry LeBouef 400 E. Sixth Street Corona, CA 92879 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039rnx newportbeachca.gov Subject: West Coast Highway Landscape Improvements — Phase 1 — C-7189-1 Dear Mr. LeBouef: On January 8, 2019, 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 January 9, 2019 Reference No. 2019000008173. The Surety for the contract is Fidelity and Deposit Company of Maryland and the bond number is 7656584. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Premium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts CITY OF NEWPORT BEACH BOND NO. 7656584 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,387.00 , being at the rate of $ 3.95 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt, Inc. hereinafter designated as the "Principal," a contract for 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. 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 Fidelity and Deposit Company of Maryland , 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 Six Hundred Four Thousand Two Hundred Eighty Four Dollars and 501100 ($504,284.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. All American Asphalt, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 25th day of April '2018 . All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety Auth rized Signature/-Title) G"r-A A.CekAt, , 4t CKSid WMA -11-011-61, I -• •- 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Rebecca Haas -Bates, Attorney -in. -Fact Address of Surety Print Name and Title (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:iff Aaron C. Harp s.a.,a City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt, Inc. Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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. accuracv. or validity of that document. State of California County of Riverside On 05/01/2018 before me, Rebecca Angela Parra, Notary Public Data Here Insert name and Title of the Officer personally appeared Edward J. Carlson Narrate) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/heNtheir authorized capacity(ies), and that by his/berkheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. aEBECCA ANGELA PARKA Notary Public-CalRornia I certify under PENALTY OF PERJURY under the laws of the State of Riverside County California that the forgoing paragraph is true and correct. Commission p 2192458 My Comm. Expires May 17, 2021 WITNESS my han fficial seal. Signature',•--- Place Notary Seal Above Signature o Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Performance Bond No. 7656584 Document Date: 04/25/2018 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(") Claimed by Signer(®) Signer's Name: Edward J. Carlson Signer's Name: n Individual o Individual X Corporate Officer —Title(&): Vice President o Corporate Officer—Title(s): n Partner f1 o Limited Ti General o Partner t' o Limited n General "Ih.-b o Attorney in Fact o Attorney in Facto Trustee Top of Numb here ❑ Trustee D Other: o Other: Signer is Representing: Signer is Representing: 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, "Please See Attached" Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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. (seal) 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) All American Asphalt, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT CIVIL CODE T<. T<.c,<. At:p<.a<.c\<.0N Gc\<.,,<.�<�. :.<.•:. A. a<. �<.....:.:,..<.-. ..<.c. 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 04/25/2018 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name*of Signer* who proved to me on the basis of satisfactory evidence to be the persons} whose name(t� is/are subscribed to the within Instrument and acknowledged to me that he/she/thea executed the same in hisfher/their authorized capecity(les), and that by his(her/their signatureZ.on the instrument the personK or the entity upon behalf of which the persons) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, A. MACFAPLANE Notary -California Orange County `> Commission #"" 92 Signature My comm. ESPlres Mar n, aort S/gnature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond No. 7656584 Document Date: 04/25/2018 Number of Pages: Threca Signers) Other Than Named Above: All American Asphalt Capadty(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Tltle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual liAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: O Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: � 5.�� `:GL i\±. \�.v✓✓cv \..G<.{c\.mac e..\✓c\<ic\..c\✓ 2\b.(e_/ \ .' �.\Y \� �.\ A� \Y,1L.'a ._i.'<i,:. \. \ <\✓q'. 6:SGl %cam, \GC✓.(NG\.. l✓c'VT✓.'. C•3 1 r s FMITTaTeirlINNUT I ... .. AN -711101• . :11 • 711 • •. •1 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Bound of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. _ RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 25th day of Apol 2018 t111 Michael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims(@,zurichiia.coin 800-626-4577 March 15, 2019 All American Asphalt, Inc. Attn: Jerry LeBouef 400 E. Sixth Street Corona, CA 92879 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAX newportbeachca.gov Subject: West Coast Highway Landscape Improvements - Phase 1 C-7189-1 Dear Mr. LeBouef: On January 8, 2019 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 January 9, 2019, Reference No. 2019000008173. The Surety for tI Deposit Company of Maryland and the bond number is 7656584. & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure County Recorder on ie bond is Fidelity and Enclosed is the Labor Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 7656584 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt, Inc. hereinafter designated as the "Principal," a contract for 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. 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, Fidelity and Deposit Company of Maryland 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 Six Hundred Four Thousand Two Hundred Eighty Four Dollars and 501100 ($604,284.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the 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 All American Asphalt, Inc. Page A-1 to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the 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 25th day of April , 2018 . All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety Autho ized Si nature/Title t dwa�d J. CaAson�l�u�rrs denk gill AmMiME-CM-10-0- 777 S. Figueroa Street Suite 3900 Los Angeles CA 90017 Rebecca Haas -Bates Attorney -in -Fact Address of Surety Print Name and Title (213)270-0600 _ Telephone APPROVED AS TO FORM: CITY ATTO N Y'S OFFICE Date: By: Aaron C. Harp ^^ "' 1• R City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt, Inc. Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside On 05/01/2018 before me, Rebecca Angela Parra, Notary Public , nate Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/sheAti" executed the same in his/heNiheir authorized capacity(ies), and that by his/her4heir signature(s) on the instrument the person(s), or the entity upon behalf REBECCA ANGELA PAkRA Notary Public-Califomla ty of which the person(a) acted, executed the instrument. giverside CO 92 commission458 58 n May 1 certify under PENALTY OF PERJURY under the laws of the State of fiyComm.ExpiresMay California that the forgoing paragraph is true and correct. WITNESS my ha gd t (i offici252- Signature ��g Place Notary Seal Above Signature OrNotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Payment Bond No. 7656584 Document Date: 04/25/2018 Number of Pages: Three (3) Signer(&) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(fes) Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual o Individual X Corporate Officer — Title(s): Vice President ❑ Partner (I o Limited o General ❑ Attorney in Fact ❑ Trustee Top of Ihumb here ❑ Other: Signer is Representing: o Corporate Officer — Title(s): _ ❑ Partner I i o Limited ❑ General ❑ Attorney in Fact ❑ Trustee o Other: Signer is Representing: /_[el4►16 tPTINWITeffiTIMM A notary public or other officer completing thal is ndi certificate verifies only the identity of the ividu 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, "Please See Attached" Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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. (seal) 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) All American Asphalt, Inc. Page A-3 CALIP •RNIIA ALL-PURPOSE ACKNOWLEDGMENTCIVIL • / • 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 Oranke ) On 04/25/2018 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(s)I,of Signer?* who proved to me on the basis of satisfactory evidence to be the persons) whose name(t) is/am subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hialher/their authorized capacity(reQ, and that by hic(her/their signature(s).on the instrument the personK or the entity upon behalf of which the person(s), acted, executed the instrument. A. MACFARI ANE Notary Public - California i°:�,' Orange County 3; Commission 2188592 < My Comm. Expires !qar 27, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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: Payment Bond No. 7656584 Document Date: 04/25/2018 Number of Pages: Three(3) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual Q Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: _ Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and 1 do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 25th day of APn1 - 2018 r ; V t lBAL '4 a Michael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfcl ai msAzurichna.com 800-626-4577 Batch 4148202 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Page 2 of 2 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIII NO FEE •$ R 0 a 1 a s 7 s 9 e 2$ 2019000008173 2:13 prn 01109/19 90 SCS 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 All American Asphalt, Corona, California, as Contractor, entered into a Contract on April 24, 2018. Said Contract set forth certain improvements, as follows: West Coast Highway Landscape Improvements — Phase 1 - C-7189-1 Work on said Contract was completed, and was found to be acceptable on January 8, 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY / wf� Public Works Dire oct r City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ITaylUUltr�� yt_! m City at Newport Beach, California. https://gs.secure-recording.com/Batch/Confirmation/4148202 01/09/2019 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 All American Asphalt, Corona, California, as Contractor, entered into a Contract on April 24, 2018. Said Contract set forth certain improvements, as follows: West Coast Highway Landscape Improvements — Phase 1 - C-7189-1 Work on said Contract was completed, and was found to be acceptable on January 8, 2019, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BYE✓ Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Exec M ich, California. 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 29th day of March, 2018, at which time such bids shall be opened and read for WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I Contract No. 7189-1 $800,000 Engineer's Estimate Approved by 144,,4 VW/L Mark Vukojevic City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanVID=22078 Hard copy plans are available via Mouse Graphics at (949) 548-5571 659 W. 19t' Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: "A" and "C-27" For further information, call Alfred Castanon, Project Manager at(949)644-3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca. gov/goyernme nt/open-transparent/on I i ne-services/bids-rfps- vendor-registration City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I Contract No. 7189-1 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 ............................................ 9 NON -COLLUSION AFFIDAVIT..................................................................... 13 DESIGNATION OF SURETIES...................................................................... 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD .................................................... 15 ACKNOWLEDGEMENT OF ADDENDA....................................................................... 18 INFORMATION REQUIRED OF BIDDER.....................................................................19 NOTICE TO SUCCESSFUL BIDDER...........................................................................21 CONTRACT.................................................................................................................. 22 LABOR AND MATERIALS PAYMENT BOND ............................................. Exhibit A FAITHFUL PERFORMANCE BOND........................................................... Exhibit B INSURANCE REQUIREMENTS.................................................................Exhibit C PROPOSAL.............................................................................................................. PR -1 SPECIALPROVISIONS............................................................................................ SP -1 2 City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I Contract No. 7189-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office) 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; Contractor shall confirm via PlanetBids) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ((LINE ITEMS to be completed via PlanetBids, Acknowledgement form must be signed) 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, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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 copies must be submitted to the City Clerk's Office by the Bid Opening Date. 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 3 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 payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time 4 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 reviewed. 267073 A. C-12�— Contractor's License No. & Classification AUthoriZed�ture/Title Edward J. Carlson, Vice President 1000001051 Exp 06/30/2018 DIR Reference Number & Expiration Date x_11 •u- .� .�. 31-L,114 Date Bond No. 08597423 City of Newport Beach Bid Date: 03/29/2018 WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I Contract No. 7189-1 BIDDERS BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Total Amount Bid ---- Dollars ($ 10% of Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I, Contract No. 7189-1 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 14th day of March 2018. All American Asphalt //C_. Name of Contractor (Principal) Autho�Signature/Title 6dwaCd J. JXk--0r0. A'1U "j�estc(tn% Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 0 ACKNOWLEDGMENT ............................................................................... "*Please See Attached" State of California County of ) ss. On before me, personally appeared Notary Public, ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ............................................................................... 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) Thumbprint of Signer ❑ Check here if Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney is available. CEO/CFO/COO President / Vice -President I Secretary / Treasurer Other: Other Information: 7 ACKNOWLEDGMENT ............................................................................... State of California County of }ss. On before me, personally appeared Notary Public, ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /seri ............................................................................... 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 I Vice -President / Secretary / Treasurer Other: Other 19 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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. accuracv. or validitv of that document. State of California County of Riverside On 03/27/2018 before me, Rebecca Angela Parra, Notary Public Dale Here Insen name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signer(s) s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hisIher4tlelF authorized capacity(ies), and that by his/he0heir REBECCA ANGELA PARKA signature(s) on the instrument the person(s), or the entity upon behalf Notary Public - California of which the person(&) acted, executed the instrument. Riverside County Commission A 2192458 1 certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires May 17, 2021 California that the forgoing paragraph is true and correct. WITNESS my ham n`official se/ /j Si nature p (a_ Place Notary Seal Above Signature of Ndtary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date: 03/14/2018 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity(les) Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner 0 ❑ Limited o General o Attorney in Fact ❑ Trustee L) Other: Signer is Representing: ❑ Corporate Officer—Title(s): _ ❑ Partner ❑ o Limited o General 7 ❑ Attorney in Fact Top of Thumb here ❑ Trustee ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE �<r<...<A..n.<.:<..<. .,< .,s,a,..w<rr.< 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 03/14/2018 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(*of SignerN who proved to me on the basis of satisfactory evidence to be the person* whose name* is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/theit authorized capacity(ILs), and that by hic(her/thsir slgnatureZ on the instrument the person(sj, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A. MACFARLANE No[aryP&ic-California z Signature orange County gna Commission d 2188592 Signature of Notary Public My Comm. Expires Mar 27, 2021 Place Notary Seal Above OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Number of Pages: Three(L Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual la Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Document Date: 03/14/2018 Named Above: All American Asphalt Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. INESTIMON��Y�,WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this � ay of n2ir , 20J6 MOO Oil INS&� 1008 .w.. 7 10 D Michael Bond, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I Contract No. 7189-1 DESIGNATION OF SUBCONTRACTOWSl 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 Contractors 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 Soecifications 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: Kato Landscape Inc, Address: 18182 Bushard Street 5-7, 11-15, Portion of Landscape 26.47% Fountain Valley, CA 92708 15-19, 22-26 Phone: (714) 963-4615 28-34 3-8, 11-14 State License Number: 806122 16-21,27, 5,7-12 DIR Reference: 1000000086 Email Address: kato.lands@yahoo.com Name: V&E Tree Service Address: P.O. Box 3280 3, Clear & Grub Orange, CA 92865 Alt. 1 #1 Phone: (714) 997-0903 Alt. 2 #1 .0279% State License Number: 654506 DIR Reference: 1000001936 Email Address: iohn vetreeservice Name: Address: Phone: State License Number: DIR Reference: Email Address All American AsphaltY+� — Bidder Authori ed Sigrfaturerritle Edward J. Carlson, Vice President 9 City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I Contract No. 7189-1 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address: Name: Address: Phone: State License Number: DIR Reference: Email Address All Ampr'naiAso�alt Bidder Auth6rized SigrnaturefTitle Edward J. Carlson, Vice President 9 City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I Contract No. 7189-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name All American Asphalt 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 $120,000, provide the following information: No. 1 Project Name/Number Project Description Street Improvements Approximate Construction Dates: From 05/2017 To: 11/2017 Agency Name City of Temecula Contact Person William Becerra Telephone (9511 694-6444 Original Contract Amount $z F,,,,n onFinal Contract Amount $ 2.859.254.97 If final amount is different from original, please explain (change orders, extra work, etc.) Chanae Orders - R&R AC Strioino Etc Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number Santa Ana Street from Claudia to Claudia Project Description Street Improvements Approximate Construction Dates: From 06/2016 To: 12/2017 Agency Name City of Anaheim Contact Person Bob Palaeologos Telephone (562) 879-3602 Original Contract Amount $ 289 270.0o Final Contract Amount $ 548.918.28 If final amount is different from original, please explain (change orders, extra work, etc.) Reduction in ouantities 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. N/A No. 3 Project Name/Number Navaio Road Rehabilitation Project Description Street Improvements Approximate Construction Dates: From 08/2017 To: 11/2017 Agency Name Town of Apple Valley Contact Person Rich Berger Telephone (760 240.7000 Original Contract Amount $a49.182.o0Final Contract Amount $ 860.953.54 If final amount is different from original, please explain (change orders, extra work, etc.) Extra Work. 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. N/A 11 No. 4 Project Name/Number Annual Residential Overlay Project Description Street Improvements Approximate Construction Dates: From 01/2016 To: 09/2016 Agency Name City of Rancho Santa Margarita Contact Person Max Maximous Telephone (949) 826-5708 Original Contract Amount $ 23n a, an Final Contract Amount $ 24e iso no If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders - R&R AC, Traffc Logos 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 4th Street Improvements Project Description Street Improvements Approximate Construction Dates: From 03/2016 To: 07/2016 Agency Name City of Perris Contact Person Brad Brophy Telephone (951) 943-6504 Original Contract Amount $646 sag ocfinal Contract Amount $ sss sol 98 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 12 No. 6 Project Name/Number 2014/2015 Arterial Streets Project Description Street Imorovements Approximate Construction Dates: From 08/2015 To:_ 03/2016 Agency Name City of Riverside Contact Person Steve Howard Telephone (940 826-5708 Original Contract Amount $jIL40mFinal Contract Amount $ 3.965.933.69 If final amount is different from original, please explain (change orders, extra work, etc.) Chanae Orders - Relocate Push Button. Reduction in auantities. Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction 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. All American Asphalt Bidder 13 Vice President AuthorizedSignature/Title Edward J. Carlson Richard E. SeIph II Work History: 1983 to Present; Superintendent for All American Asphalt, Corona CA. Currently manage all projects in Orange County CA. Responsible for organizing personnel, equipment, material, and subcontractors on these projects. Responsible for project acceptance. Handled customer inquires and complaints. Education: 1970 to 1974; High School Diploma from Edgewood High School, West Covina CA. 1974 to 1976; Attended Mt San Antonio College. Additional Information: Attended various educational classes relating to the construction industry. Work closely with all employees to ensure the most productive safe work environment possible. ,ewseek 7411 14hremeRK Jcsbe/°/K Kc�eat 951)453--4645 Rick Selph has been with All American Asphalt with 32 years where he has held a variety of different positions, most currently being a manager for over 20 years. As a superintendent, Rick is in charge scheduling jobs, attending meetings, consistently improving job quality and keeping accurate records of quantities used on jobs to maintain meticulous invoicing. All American Asphalt feels that Rick Selph is the best superintendent for this job because of his extensive knowledge of Orange County. References: Reza Jafari Tom Banks City of Irvine City of Costa Mesa 949-724-7545 714-925-7424 11201711 PAST WORK REFERENCES City of Rancho Cucamonga Base Line Rd. Pavement Rehab. 10500 Civic Center Drive Contract Amount: $1,130,470 Rancho Cucamonga, CA 91730 Start: 05/2017 Contact: Romeo David, (909)477-2740 Completed: 07/2017 Romeo. David@cityofrc. us City Of Temecula Margarita Road Pavement 41000 Main Street Rehab Temecula, CA 92590 Contract Amount: $2,577,770 Contact: William Becerra, (951)694-6444 Start: 05/2017 Will.becerra@temecula.gov Completed: 11/2017 Town Of Apple Valley Navajo Road Rehabilitation 14955 Dale Evans Pkwy Contract Amount: $849,182 Apple Valley, CA 92307 Start: 08/2017 Contact: Rich Berger, (760)240-7000 Completed: 11/2017 rberger@applevalley.org City Of Victorville Water Warehouse #1 Paving 14343 Civic Dr. Project Victorville, CA 92392 Contract Amount: $251,008 Contact: Carlos Seanez, (760)955-5162 Start Date: 04/2017 cseanez@victorvilleca.gov Completed: 06/2017 City Of Santee Citywide Slurry Seal & Roadway 10601 Magnolia Ave Building 4 Maintenance 2017 Santee, CA 92071 Contract Amount: $285,061.90 Contact: Toby M. Espinola, P.E., (619)258-4100 Start: 06/2017 tobvespinola@citvofsanteeca.gov Completed: 10/2017 City Of Yucaipa 2015-2016 Micro -Surfacing 34272 Yucaipa Blvd. Program Project No.11043 Yucaipa, CA 92399 Contract Amount: $252,379.06 Contact: John Larose, (909)797-2489 Start: 07/2017 ilarose@yucaipa.org Completed: 08/2017 City Of West Covina Residential Street Rehabilitation Eclipse Way & Jennifer PI SP 17038 West Covina, CA 91792 Contract Amount: $469,960.70 Contact: Hany Demitri, (626)939-8445 Start: 05/01/17 Hany.Demitri@westcovina.gov Completed: 06/09/2017 City Of Highland 2015-16 CDBG Streets Pavement McKinley Ave & 91' St Improvements San Bernardino, CA 92410 Contract Amount: $823,389.68 Contact Name: Carlos Zamano, (909)864-8732 Start: 06/05/17 czamano@cityofhighland.orR Completed: 10/13/17 County Of Riverside Gilman Springs 2950 Washington Street Contract Amount: $1,662,671.20 Riverside, CA 92504 Start: 11/2016 Contact Name: Justin Robbins, (951)955-6885 Completed: 08/2017 JROBBINS@rctlma.org City Of Palm Springs Taxiway J Rehabilitation 3400 E. Tahquitz Cyn Way Ste 1 Contract Amount: $291,482.99 Palm Springs, CA 92262 Start: 09/2017 Contact Name: Robert Denning, (541)324-7321 Completed: 10/2017 Robert.denning@aecom.com County Of Orange P.O. Box 4048 Santa Ana, CA 27074 Contact Name: Rick Cathay, (949)252-5171 RCathey@ocair.com Pavement Maintenance and Repair Contract Amount: $3,115,000.00 Start: 08/2016 Completed: 12/2017 City Of Anaheim Santa Ana Streets from Claudia to 200 S. Anaheim Blvd. Claudia Anaheim, CA 92805 Contract Amount: $589,270.00 Contact Name: Bob Palaeologus, (562)879-3602 Start: 06/2016 rpalaeologus@simplusmanagement com Completed: 12/2017 "2016" PAST WORK REFERENCES City of Riverside 2014/2015 Preservation and Maintenance 3900 Main St. Contract Amount: $3,400,725.00 Riverside, CA 92501 Start: 01/2016 Contact: Steve Howard, (951)826-5708 Completed: 06/2016 City of Rancho Santa Margarita 2212 El Paseo Rancho Santa Margarita, CA 92688 Contact: Max Maximous, (949)635-1800 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Contact: Kimberly Young, (909) 839-7044 City of Bell 6330 Pine Avenue Bell, CA 90201 Contact: Dahi Kim, (323)923-2628 Department of Transportation 72-800 Dinah Shore Dr. Ste. 104 105 Palm Desert, CA 92211 Contact: Khoi Vu, (951) 232-6263 Department of Transportation 3251 '/4 University Dr. Trailer No. 2 Irvine, CA 92612 Contact: Peter Shieh, (949)279-8636 City of Victorville 14343 Civic Drive Victorville, CA 92392 Contact: Bruce Miller, (760) 269-0045 Annual Residential Overlay Contract Amount: $245,190.00 Start: 01/2016 Completed: 09/2016 Grand Ave. Beautification Project Contract Amount: $1,939,000.00 Start: 08/2015 Completed: 05/2016 Florence Avenue Overlay Contract Amount: $643,000.00 Start: 04/2016 Completed: 09/2016 Route 111, Contract No. 08-1C4604 Contract: $1,536,207.00 Start: 04/2016 Completed: 09/2016 Route 73, Contract No. 12 -OMI 104 Contract Amount: $1,545,163.00 Start: 4/2015 Completed: 07/2016 Bear Valley Road Reconstruction Contract Amount: $2,611,215.00 Start: 04/2016 Completed: 07/2016 City of Perris 101 N. D Street Perris, CA 92570 Contact: Brad Brophy, (951)943-6504 City of Palos Verdes Estates 340 Palos Verdes Drive West Palos Verdes Estates, CA 90274 Contact: Ken Rukavina, (310)378-0383 City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Contact: Alfred Castanon, (949)644-3314 City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Contact: Frank Tran, (949)644-3340 City of Aliso Viejo 12 Journey, Suite 100 Aliso Viejo, CA 92656 Contact: Chris Tanio, (949)425-2531 4'h Street Improvement Project Contract Amount: $545,680.00 Start Date: 03/2016 Completed: 07/2016 FY 15-16 St. Resurfacing & Slurry Seal Project Contract Amount: $876,455.00 Start: 11/2015 Completed: 06/2016 Corona Del Mar Entry Improvements Contract Amount: $497,497.00 Start Date: 02/2016 Completed: 05/2016 Cameo Shores Pavement Reconstruction Contract Amount: $3,363,363.00 Start Date: 06/2016 Completed: 12/2016 Pacific Park Rehab. -Chase to 73 Fwy Contract Amount: $633,633.00 Start Date: 10/2016 Completed: 12/2016 °°2015" PAST WORK REFERENCES City of Hawthorne 4455 W. 162nd Street Hawthorne, CA 90250 Contact: Heecheol Kwon, (310) 349-2980 City of Inglewood One Manchester Blvd, 3`d Floor Inglewood, CA 90301 Contact: Hunter Nguyen, (310) 412-4252 County of Ventura 800 S. Victoria Ave Ventura, CA 93009 Contact: Jeewoong Kim, (805) 654-3987 City of Montclair 51 1 1 Benito Street Montclair, CA 91763 Contact: Steve Stanton, (909) 625-9444 Hawthrone Blvd Reconstruction Contract Amount: $12,579,000.00 Start: 4/2014 Completed: 5/2015 Florence Ave Contract Amount: $2,639,000.00 Start: 4/2015 Completed: 10/2015 Pavement Resurfacing, Phase II Contract Amount: $2,401,970.00 Start: 4/2015 Completed: 10/2015 Northeast Montclair Street Rehabilitation Contract Amount: $514,150.00 Start: 4/2015 Completed: 7/2015 Riverside County Transportation Commission Route 74 Widening 4080 Lemon Street, 3`d Floor Contract: $1,970,004.00 Riverside, CA 92501 Start: 4/2014 Contact: Bill Seitz, (949) 300-9132 Completed: 7/2015 City of Riverside 2014/15 Arterial Streets 3900 Main Street Contract Amount: $1,683,076.00 Riverside, CA 92501 Start: 4/2015 Contact: Steve Howard, (951) 826-5708 Completed: 9/2015 Long Beach Unified School District Garfield Elementary School Pavement 2201 E. Market Street Contract Amount: $1,976,508.00 Long Beach, CA 92805 Start: 6/2015 Contact: Nancy Chinchilla, (562) 997-7513 Completed: 11/2015 "2014" PAST WORK REFERENCES City of Fullerton 303 W. Commonwealth Ave Fullerton, CA 92832 Contract: Kevin Kwak, (714) 738-6865 Port of Long Beach 4801 Airport Plaza Drive Long Beach, CA 90815 Contact: Lincoln Lo, (562) 283-7000 City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA 90210 Contact: Mark Cueno, (310) 285-2557 City of Jurupa Valley 12363 Limonite Ave Riverside, CA 92507 Contact: Michael Myers, (951) 332-6464 City of Santa Ana 20 Civic Center Santa Ana, CA 92701 Contact: Kurt Weimann, (714) 647-5639 Yorba Linda Blvd Reconstruction Contract Amount: $1,346,000.00 Start: 7/2014 Completed: 11/2014 2013 Roadway Maintenance and Slurry Contract Amount: $992,000.00 Start: 6/2014 Completed: 10/2014 2012-2013 Street Resurfacing Contract Amount: $2,970,000 Start: 7/2013 Completed: 5/2014 2012-13 Pavement Rehabilitation Contract Amount: $970,000 Start: 5/2013 Completed: 12/2013 Bristol Street Rehabilitation Contract Amount: $6,951,475 Start: 3/2013 Completed: 12/2014 "2013" PAST WORK REFERENCES Department of Transportation 3521 '/4 University Dr Irvine CA 92612 Contract: Dat Pham, (949) 279-8586 City of Santa Clarita 23920 Valencia Blvd Santa Clarity CA 91355 Contact: Bill Whitlatch, (661) 259-2489 LACDPW 900 S Fremont Ave Alhambra, CA 91803 Contact: Hector Hernandez, (626) 458-2191 Department of Transportation 2023 Chicago Ave., B-6 Riverside, CA 92507 Contact: Michael Chen, (951) 830-6017 Route 74, Contract No. 12-OL6404 Contract Amount: $1,134,057 Start: 7/2012 Completed: 5/2013 2011/12 Overlay & Slurry Seal Program Contract Amount: $5,995,000 Start: 8/2012 Completed: 5/2013 Seventh Avenue Contract Amount: $2,077,000 Start: 9/2012 Completed: 12/2013 Route 74, Contract No. 08-OP9504 Contract Amount: $3,450,622 Start: 6/2012 Completed: 9/2013 City of Laguna Hills Citywide Pavement Rehabilitation 24035 El Toro Rd Contract Amount: $1,778,169 Laguna Hills, CA 92653 Start: 8/2012 Contact: Kenneth Rosenfield, (949) 707-2650 Completed: 9/2013 County of Riverside Transportation Gilman Springs Road 3525 10 St Contract Amount: $1,695,108 Riverside, CA 92501 Start: 7/2013 Contact: Trai Nguyen, (951) 961-5363 Completed: 9/2013 City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I Contract No. 7189-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of Riverside_) Edward J. Carlson being first duly sworn, deposes and says that he or she is Vice President of All American Asphalt , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that a foregoing is true and correct All Ama,rinnn Asnhaltv�— Bidder Authofized Sig(taturefTitle Edward J. Carlson, Vice President Subscribed and sworn to (or affirmed) before me on this day of 2018 by , 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. **See Attached California Jurat** [SEAL] 14 Notary Public My Commission Expires: CALIFORNIA JURAT GOV CODE § 8202 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 Riverside .. REBECCA ANGELA PARRA �., Notary Public -California Riverside County Commission 4 2192958 My Comm. Expires May 17, 2021 Subscribed and sworn to (or affirmed) before me on this 2711 day of March. 2018, Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) 0 be the peFsen whG appeared befeFe me.) Signature //L oto Place Notary Seal Above Signature of Rotary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non Collusion Affidavit Document Date: None Number of Pages: 1 Signer(s) Other Than Named Above: None City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I Contract No. 7189-1 DESIGNATION OF SURETIES Bidder's name All American Asphalt 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): Fidelity and Deposit Company of Maryland (Surety) 777 S Figueroa St #3900 Los Angeles CA 90017 (213) 270-0600 5530 Trabuco Road Irvine CA 92620 (949) 857-4500 Edgewood Partners Insurance Center (Insurance) 15 City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I Contract No. 7189-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name All American Asphalt 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. 12 Current Record Record Record Record Record Year of for for for for for Record 2017 2016 2015 2014 2013 Total 2018 No. of contracts 238 1,195 1,056 931 841 898 5,159 Total dollar Amount of Contracts (in Thousands of $) 62,087 302,322 265,066 259,423 264.017 258,289 1,411,204 No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 0 16 18 15 17 9 75 No. of lost workday cases involving permanent transfer to another job or termination of employment a 1 8 1 3 1 5 1 1 1 1 1 22 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. 12 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: _AII American Asphalt 400 E. Sixth Street Corona CA 92879 (9511736-7600 Tltle Vice President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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. accuracv. or validity of that document. Slate of California County of Riverside On 03/27/2018 before me, Rebecca Angela Parra, Notary Public Date Here Insert name and Title of line Officer personally appeared Edward J. Carlson and Michael Farkas Name(s) of Signal s) REBECCA ANGELA PARKA Notary Public- California Riverside County Commission sMay 458 17, My Comm. Expires May ty, 2021 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 helshe/they executed the same in hisAiii9their 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 forgoing paragraph is true and correct. WITNESS my hand fficial seal. Signature � Z �L Place Notary Seal Above Signature f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contractor's Industrial Safety Record Document Date: 03/27/2018 Number of Pages: Two (2) Signer(s) Other Than Named Above: None Capacity(les) Claimed by Signer(s) Signer's Name: Edward J. Carlson o Individual X Corporate Officer —Title(a): Vice President ❑ Partner I I ❑ Limited o General o Attorney in Fact ❑ Trustee "Top Numb here u Other: Signer is Representing: Signer's Name: Michael Farkas c Individual X Corporate Officer— Title(s): Secretary o Partner C. o Limited o General o Attorney in Fact Top of Numt ❑ Trustee ❑ Other: Signer is Representing: City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I Contract No. 7189-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name All American Asphalt The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature i] City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I Contract No. 7189-1 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: All American Asphalt Business Address: 400 E. Sixth Street, Corona CA 92879 Telephone and Fax Number: (951) 736-7600 1 ( 5511) 736-7646 California State Contractor's License No. and Class:_ 267073 A. C-12 (REQUIRED AT TIME OF AWARD) Original Date Issued: 01/19/1971 Expiration Date: 01/31/2020 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: Jerry LeBouef Project Manager/Estimator The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Mark Luer, President 400E Sixth Street Corona CA 92879 (951) 736-7600 Edward J Carlson Vice President 400E Sixth Street, Corona CA 92879 (91) 736-7600 Michael Farkas. Secretary 400 E. Sixth Street Corona CA 92879 (951) 736-7600 Corporation organized under the laws of the State of California 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; Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner/agency? If so, explain. N/A Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /®o 20 Are any claims or actions unresolved or outstanding? Yes /CfRD 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. All American Asphalt Bidder Mark Luer (Print name of Owner or President of Corporation/Company) Authorized Sigfiature/Title Edward J. Carlson Vice President Title 31z1N Date On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My Commission Expires: **See Attached California Acknowledgement** 21 (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. State of California County of Riverside On 03/27/2018 before me, Rebecca Angela Parra, Notary Public Dale Here Insert name and Title of the Officer personally appeared Edward J. Carlson Name(s) of Signer(s) ... REBECCA ANGELA PARRA Notary Public - California Riverside County Commission p 2192458 My Comm. Expires May 17, 2021 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ars subscribed to the within instrument and acknowledged to me that he/&heNhey executed the same in his/heAtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my he official seal. Signature (. Place Notary Seal Above s Signature 0 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Information Required of Bidder Document Date: 03/27/2018 Number of Pages: Three (3) Signer(s) Other Than Named Above: None Capacity(Les) Claimed by Signer(s) Signer's Name: Edward J. Carlson o Individual X Corporate Officer —Title(&): Vice President D Partner F o Limited o General D Attorney in Fact D Trustee Too nl mumb hey o Other: Signer is Representing: Signer's Name: D Individual in Corporate Officer—Title(s): _ o Partner I D Limited o General D Attorney in Fact D Trustee D Other: Signer is Representing: City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I Contract No. 7189-1 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. l% WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE 1 CONTRACT NO. 7189-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 24th day of April, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ALL AMERICAN ASPHALT, INC., a California corporation ("Contractor"), whose address is 400 E. Sixth Street, Corona, California 92879, 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: 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. 7189-1, 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 Six Hundred Four Thousand Two Hundred Eighty Four Dollars and 50/100 ($604,284.50). 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 Jerry LeBouef to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 5. ADMINISTRATION This Contract shall be administered by the Public Works Department. City's Public Works Director, or designee, shall be the Project Administrator and shall have the authority to act for City under this Contract. The Project Administrator or designee shall represent City in all matters pertaining to the Work to be rendered pursuant to this Contract. 6. NOTICE OF CLAIMS 6.1 Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing All American Asphalt, Inc. Page 2 requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 6.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 7. WRITTEN NOTICE 7.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Contract shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. 7.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attention: 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: Jerry LeBouef All American Asphalt, Inc. 400 E. Sixth Street Corona. CA 92879 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 All American Asphalt, Inc. Page 3 service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Contract. Anything in this Contract that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Work. 9. BONDING 9.1 Contractor shall obtain, provide and maintain at its own expense during the term of this Contract both of the following: (1) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract in the form attached as Exhibit B and incorporated herein by reference; and (2) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Contract and in the form attached as Exhibit A and incorporated herein by reference. 9.2 The Faithful Performance Bond and Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 9.3 Contractor shall deliver, concurrently with execution of this Contract, the Faithful Performance Bond and Labor and Materials Payment Bond, and a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 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 All American Asphalt, Inc. Page 4 insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Contract, the services to be provided under this Contract shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 14. PREVAILING WAGES In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform the Work on this Project are identified in the Contractor's Proposal and are attached as part of the Contract 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 All American Asphalt, Inc. Page 5 Contractor's performance of the Work required hereunder, or for damage to property from 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, volunteers and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract (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. All American Asphalt, Inc. Page 6 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 16.8 The rights and obligations set forth in this Section shall survive the termination of this Contract. 17. CHANGE ORDERS 17.1 This Contract may be amended or modified only by mutual written agreement of the parties. 17.2 The Contractor shall only commence work covered by a change order after the change order is executed and notification to proceed has been provided by the City. 17.3 There shall be no change in the Contractor's members of the project team, as listed in the approved proposal, which is a part of this contract without prior written approval by the City. 18. CONFLICTS OF INTEREST 18.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 19. TERMINATION 19.1 In the event that either party fails or refuses to perform any of the provisions of this Contract at the time and in the manner required, that party shall be deemed in default in the performance of this Contract. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Contract forthwith by giving to the defaulting party written notice thereof. 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred All American Asphalt, Inc. Page 7 up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 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. All American Asphalt, Inc. Page 8 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 20.11 Counterparts. This Contract may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 21. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project site, has become familiar with the local conditions under which the Work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 22. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 23. RECITALS City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. [SIGNATURES ON NEXT PAGE] All American Asphalt, 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 ATTQRNEY'S OFFICE Date: �V{{ $$ By: pf Aaron C. Harp IN•" 44144 City Attorney ATTEST: Date: M Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Marshall "Duffy" Duffield Mayor CONTRACTOR: All American Asphalt, Inc., a California corporation Date: By Edward J. Carson Vice President Bv: Michael Farkas Secretary [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements All American Asphalt, 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 ATTOR EY'S OFFICE Date: By:'¢� . Aaron C. Harp^' City Attorney CITY OF NEWPORT BEACH, a California municipal corporation Date: 4ars�hallDuffy" Duffield Mayor ATTEST:� ►p CONTRACTOR: All American Asphalt, Date: /'D Inc., a California corporation Date: By: c By: �— Lei ani I. Brown Edwa d J. Car on City Clerk Attachments: Vice President Date: LAN 1 an By: Michael Farkas Secretary [END OF SIGNATURES] Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements All American Asphalt, Inc. Page 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside on 05/01/2018 before me, Rebecca Angela Parra Notary Public Data Here Insert name and Title of the Officer personally appeared Edward J. Carlson and Michael Farkas 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 hi6A4er/their authorized capacity(ies), and that by his%hedtheir REBECCA ANGELA torn signature(s) on the instrument the person(s), or the entity upon behalf Notary Puxieo ou of which the person(s) acted, executed the instrument. pWersida County CommissiOn May 17x2021 ' MyCo"Mlp 1 certify under PENALTY OF PERJURY under the laws of the Stale of California that the forgoing paragraph is true and correct. WITNESS m=&&k heofficial sea ureSignat Place Notary Seal Above I signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contract Document Date: 04/24/2018 Number of Pages: Teri (10) Signer(s) Other Than Named Above: City of Newport Beach Capacity(ies) Claimed by Signer(s) Signers Name: Edward J. Carlson o Individual X Corporate Officer—Title(s): Vice President ❑ Partner ❑ o Limited ❑ General ❑ Attorney in Fact D Trustee ❑ Other: Top of thumb here Signet's Name: Michael Farkas ❑ Individual XCorporate Officer —Title(s): Secretary o Partner ❑ ❑ Limited ❑ General �.I ❑ Attorney in Fact o Trustee ❑ Other: Signer is Representing: I I Signer is Representing: Top of rhumb here Premium is included in the performance bond Executed in: 2 Counterparts EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 7656584 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt, Inc, hereinafter designated as the "Principal," a contract for 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. 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, Fidelity and Deposit Company of Maryland 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 Six Hundred Four Thousand Two Hundred Eighty Four Dollars and 50/100 ($604,284.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the 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 All American Asphalt, Inc. Page A-1 to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the 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 25th day of April 2018 . All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety Autho `ized SigfrnaturefTitle �dwrn�cl J. CuY\soh�l�u�resdeN\ 777 S. Figueroa Street Suite 3900 Los Angeles CA 90017 Rebecca Haas -Bates, Attorney -in -Fact Address of Surety Print Name and Title (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTO N Y'S OFFICE Date: j /8 Aaron C. Harp City Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt, Inc. Page A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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. accuracv. or validitv of that document. State of California County of Riverside on 05/01/2018 before me, Rebecca Angela Parra, Notary Public Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson 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/shekhW executed the same in his/her/iheir authorized capacity(ies), and that by his/hedtheir ^� 77Cp ANGELA PARA [ signature(s) on the instrument the person(s), or the entity upon behalf Notary Public"California of which the person(s) acted, executed the instrument. Rivetstde County commission»xt9z'�szort I certify under PENALTY OF PERJURY under the laws of the State of My COMM. EXP California that the forgoing paragraph is true and correct. WITNESS my ha official sea �J�//J Signature /�/�� ` 2 ;` Z, Place Notary Seel Above Signature ''Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Payment Bond No. 7656584 Document Date: 04/25/2018 Number of Pages: Three (3) Signer(s) Other Than Named Above: FidelitV and Deposit Company of Maryland Capacity(les) Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: o Individual o Individual X Corporate Officer —Tille(s): Vice President o Corporate Officer—Title(s): o Partner I' o Limited o General o Partner 11 o Limited o General o Attorney in Fact o Attorney in Fact o Trustee Top of thumb here Top of thumb here ❑ Trustee ❑ Other: o Other: Signer is Representing: Signer is Representing: /_Cd 114►[e1h7A=IBic] J,IA►11 A notary public or other officer completing' ompleting 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, "Please See Attached' Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )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) All American Asphalt, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENY CIVIL CODE 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 04/25/2018 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(*of SignerN who proved to me on the basis of satisfactory evidence to be the persons} whose name(ay is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfherMwk authorized capacity(reQ, and that by his(her/chair signature4on the instrument the person(* or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .MANE Notary Public AMA- - California grange County > Signature Commis5ion:2188592 My comm. Expires Mar 27,2on Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond No. 7656584 Document Date: 04/25/2018 Number of Pages: Three(3) Signer(s) Other Than Named Above: All American Asphalt Capacity(les) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ['Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: <'✓. VS'✓SV!/.\!i.'✓nyG�!LVG\✓<'✓\ySC � VG\aG�v2'✓S'Vi�V. iG<✓G'V«v.v iii'✓G'+SGL%. G'V <VStHf'✓'✓ Q • .v , , EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instmment under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 2501 day of April , 2018 Michael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims(@,Zurichna.com 800-626-4577 Premium is for contract term and is subject to adjustment based on final contract price Executed in: 2 Counterparts EXHIBIT B CITY OF NEWPORT BEACH BOND NO. 7656584 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,387.00 , being at the rate of $ 3.95 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to All American Asphalt, Inc. hereinafter designated as the "Principal," a contract for 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. 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 Fidelity and Deposit Company of Maryland , 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 Six Hundred Four Thousand Two Hundred Eighty Four Dollars and 50/100 ($604,284.50) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. All American Asphalt, Inc. Page B-1 Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 25th day of April ,2018 All American Asphalt Name of Contractor (Principal) Fidelity and Deposit Company of Maryland Name of Surety 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 Address of Surety (213)270-0600 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: % Aaron C. Harp M- S City Attorney Auth rized Signature Itle CaW0rd3.CCkAtw� II" ets:iAef� Rebecca Haas -Bates, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED All American Asphalt, Inc. Page B-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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. accuracv. or validity of that document. State of California County of Riverside on 05/01/2018 before me, Rebecca Angela Parra, Notary Public Dale Here Insert name and Title of the Officer personally appeared Edward J. Carlson Namels) 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/shekhey executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. REBECCA ANGELA PARHA CBEC i Public I certify under PENALTY OF PERJURY under the laws of the State of < ? aiversmecounry California that the forgoing paragraph is true and correct. Commission If 2192458 My Comm. Expires May 17, 2021 WITNESS my han fficial seal. Lr— Signature s 5/L Place Notary Seal Above Plac Signature officiary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Performance Bond No. 7656584 Document Date: 04/25/2018 Number of Pages: Three (3) Signer(s) Other Than Named Above: Fidelity and Deposit Comoanv of Maryland Capacity(les) Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: o Individual o Individual X Corporate Officer — Title(s): Vice President o Corporate Officer — Title(s): o Partner ❑ o Limited o General o Partner L o Limited o General o Attorney in Fact o Attorney in Fact ❑ Trustee Top of thumb here Top of rhumb here ❑ Trustee o Other: o Other: Signer is Representing: Signer is Representing: 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, "Please See Attached*` Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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 (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) All American Asphalt, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE A no 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 04/25/2018 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates NameKof SignerN 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(*, and that by his(her/their signature on the instrument the person(,* or the entity upon behalf of which the persons) acted, executed the instrument. A. MACFARLANE Notary Public- California z Orange County Commission p 118"927,2 M., My Comm. Expires Mar 27, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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: Performance Bond No. 7656584 Document Date: 04/25/2018 Number of Pages: Three(3) Signer(s) Other Than Named Above: All American Asphalt Capacity(les) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual Gd Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of MalTland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 4••Z'+/4:vi �'e {ttei. v _ wK✓<$Stt. oaf' i'✓ v<' \u'w�/. 40 - ✓:\ L. V✓(L✓/'ei '✓ /.\.. \'$GCU4�✓iii✓: EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 25th day of April 2018 ��a uun.q� rAy j uw 86888 Michael C. Fay, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims@zurichna.coin 800-626-4577 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. 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 All American Asphalt, Inc. Page C-1 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 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract 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, volunteers, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Contract. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. All American Asphalt, Inc. Page C-2 D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. 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 All American Asphalt, Inc. Page C-3 provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Contract, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 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. I. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from All American Asphalt, Inc. Page C-4 Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. All American Asphalt, 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: 5/4/18 Dept./Contact Received From: Raymund Date Completed: 5/4/18 Sent to: Raymund By: Jan Company/Person required to have certificate: All American Asphalt—Contract 7189-1 Type of contract: Public Works L GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/17 - 8/1/18 A. INSURANCE COMPANY: Arch Specialty Insurance Company B. AM BEST RATING (A-: VII or greater): A+/ XV INSURANCE COMPANY: Zurich American Insurance Company C. ADMITTED Company (Must be California Admitted): B. Is Company admitted in California? ❑ Yes M No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M/$2M/$2M E. ADDITIONAL INSURED ENDORSEMENT — please attach M Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must Is Company admitted in California? include): Is it included? (completed Operations status does ❑ No D. not apply to Waste Haulers or Recreation) M Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND UM, $2M min for Waste Haulers): What is limits provided? COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) M Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City (What is limits provided?) its officers, officials, employees and volunteers): Is it included? M Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be ❑ No G. included): Is it included? M Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured H. HIRED AND NON -OWNED AUTO ONLY: is not limited solely by their negligence) Does endorsement ❑ Yes M No include "solely by negligence' wording? ❑ Yes M No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): M N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A M Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/17 - 8/1/18 A. INSURANCE COMPANY: Zurich 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? M 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. ADDITIONAL INSURED WORDING ❑ N/A M Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING ❑ N/A M Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes M No I. NOTICE OF CANCELLATION: ❑ N/A M Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 8/1/17 - 8/1/18 A. INSURANCE COMPANY: Zurich American Insurance 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 $1 M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? A Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 5/4/18 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: RM approval needed for non -admitted status of general liability carrier. 12/21/17 Risk Management approved use of non -admitted carrier. Approved: Risk Management Date * Subject to the terms of the contract. City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I Contract No. 7189-1 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. 7189-1 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: 3 �21 ly Date (951) 736-7600 / (951) 736-7646 Bidder's Telephone and Fax Numbers 267073 A, C-12 Bidder's License No(s). and Classification(s) All American Asphalt Bidder Bidder's Auth rized Signature and Title 400 E. Sixth Street, Corona CA 92879 Bidder's Address Bidder's email address: publicworks@allamericanasphalt.com PR -1 City of Newport Beach Page 1 WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS - PHASE 1 (C-7189-1), bidding on March 29, 2018 10:00 AM Bid Results Bidder Details Vendor Name All American Asphalt Address PO Box 2229 Corona, CA 92878 United States Respondee Jerry LeBouef Respondee Title Edtimator/Project Manager Phone 951.736.7600 Ext. 204 Email Publicworks@allamericanasphalt.com Vendor Type CADIR License # CADIR 1000001051 Bid Detail Bid Format Electronic Submitted March 29, 2018 9:57:04 AM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 136375 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Proposal Proposal_Newport Beach West Coast Landscape 7189-1.pdf General Attachment Bid Bond Bid Bond—Newport Beach West Coast Landscape 7189-1.pdf Bid Bond Line Items Type Item Code U01M qty Unit Price Line Total Comment BASE BID 1 Mobilization and Demobilization LS 1 $35,000.00 $35,000.00 2 Traffic Control LS 1 $75,000.00 $75,000.00 3 Clearing and grubbing SF 22250 $0.60 $13,350.00 4 Demolish and Remove Existing Embossed Concrete Paving SF 5400 $3.15 $17,010.00 5 Remove Existing 1-1/2" Valve, Cap Mainline and Splice Wire EA 1 $157.00 $157.00 . r, 11H,.,n „ _. City of Newport Beach Page 2 WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS - PHASE 1 (C-7189-1), bidding on March 29, 2018 10:00 AM Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 6 Remove Existing 1-114" Valve, Cap Mainline and Splice Wire EA 2 $157.00 $314.00 7 Remove Existing 1" Valve, Cap Mainline and Splice Wire EA 3 $157.00 $471.00 8 Excavate and Export Existing Unclassified Soil CY 400 $115.00 $46,000.00 9 Remove Existing 12" Thick PCC Street Pavement SF 5400 $3.50 $18,900.00 10 Furnish and Install Topsoil CY 400 $50.00 $20,000.00 11 Install 4' Diameter GFRC Boulder EA 3 $498.00 $1,494.00 12 Install 3' Diameter GFRC Boulder EA 7 $410.00 $2,870.00 13 Install 2' Diameter GFRC Boulder EA 12 $288.00 $3,456.00 14 Stain & Seal Existing Median Bomanite Pavement LS 1 $30,000.00 $30,000.00 15 Install 1-112" Flow Sensor in Box EA 1 $1,350.00 $1,350.00 16 Install Sensor Cable & Conduit, Trenching and Connection LS 1 $525.00 $525.00 17 Install 2" Master Valve in Box EA 1 $1,023.00 $1,023.00 18 Install 2" Ball Valve in Box EA 2 $420.00 $840.00 19 Install New Branded Lids EA 14 $32.00 $448.00 20 Provide Submittal Items to Engineer LS 1 $500.00 $500.00 21 Provide "AsBuilt" Record Drawings and Controller Charts LS 1 $1,100.00 $1,100.00 ulana,l3ids Inc. City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS • PHASE 1 (C-71831), bidding on March 29, 2018 10;00 AM Bid Results Type Item Code LION! Qty Unit Price Line Total Comment 22 Inspect and Repair Existing Irrigation Systems LS 1 $25,750.00 $25,750.00 23 Install Rotator Heads, and Lateral Lines SF 9200 $1.55 $14,260.00 24 Install 1-1/2" Remote Control Valve EA 1 $695.25 $695.25 25 Install 1-1/4" Remote Control Valve EA 2 $618.00 $1,236.00 26 Install Quick Coupler Valves EA 3 $489.25 $1,467.75 27 Install Finish Grading SF 22250 $0.30 $6,675.00 28 Install Soil Preparation SF 22250 $0.29 $6,452.50 29 Install Weed Abatement SF 22250 $0.18 $4,005.00 30 Install 2" Deep Layer of Walk -On Mulch SF 23800 $0.72 $17,136.00 31 Install 36" Box Cassia Leptophylla Tree EA 24 $952.75 $22,866.00 32 Install 5 Gallon Shrub EA 3800 $23.69 $90,022.00 33 Install i Gallon Shrub EA 950 $10.82 $10,279.00 34 Perform 30 Day Establishment & 60 Day Maintenance LS 1 $3,399.00 $3,399.00 Subtotal $474,051.50 ADDITIVE ALTERNATIVE NO. 1 35 Clearing and Grubbing SF 8650 $0.60 $5,190.00 36 Demolish and Remove Existing Embossed Concrete Paving SF 1250 $4.00 $5,000.00 pa,t8ids. Inc. Page 3 City of Newport Beach Page 4 WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS - PHASE 1 (C•7189-1), bidding on March 29, 2018 10:00 AM Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 37 Remove Existing 1-1/4" Valve, Cap Mainline and Splice Wire EA 1 $160.50 $160.50 38 Remove Existing 1" Valve, Cap Mainline and Splice Wire EA 1 $160.00 $160.00 39 Install 4' Diameter GFRC Boulder EA 8 $500.00 $4,000.00 40 Install 3' Diameter GFRC Boulder EA 16 $410.00 $6,560.00 41 Install 2' Diameter Boulder EA 19 $297.00 $5,643.00 42 Install New Branded Lids EA 8 $50.00 $400.00 43 Provide Submittal Items to Engineer LS 1 $500.00 $500.00 44 Provide "As -Built" Record Drawings to Engineer and Controller Charts LS 1 $1,000.00 $1,000.00 45 Inspect and Repair Existing Irrigation Systems LS 1 $16,500.00 $16,500.00 46 Install Rotator Heads, and Lateral Lines SF 2350 $1.84 $4,324.00 47 Install 1-1/4" Remote Control Valve EA 1 $690.00 $690.00 48 Install Quick Coupler Valves EA 1 $500.00 $500.00 49 Install Finish Grading SF 8700 $0.30 $2,610.00 50 Install Soil Preparation SF 6700 $0.32 $2,784.00 51 Install Weed Abatement SF 8700 $0.20 $1,740.00 52 Install 2" Deep Layer of Walk -On Mulch SF 10700 $1.00 $10,700.00 City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS -PHASE 1 (C-7189-1), bidding on March 29, 2018 10:00 AM Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 53 Install 36" Box Cassia Leptophylla Tree EA 6 $1,063.00 $6,378.00 54 Install 5 Gallon Shrub EA 1490 $26.00 $38,740.00 55 Install 1 Gallon Shrub EA 490 $12.00 $5,880.00 56 Perform 30 Day Establishment & 60 Day Maintenance LS 1 $1,150.00 $1,150.00 Subtotal $120,609.50 ADDITIVE ALTERNATIVE NO.2 57 Clearing and Grubbing SF 410 $0.60 $246.00 58 Install New Branded Lids EA 2 $35.00 $70.00 59 Provide Submittal Items to Engineer LS 1 $700.00 $700.00 60 Provide "As -Built" Record Drawings and Controller Charts LS 1 $700.00 $700.00 61 Inspect and Repair Existing Irrigation Systems LS 1 $3,000.00 $3,000.00 62 Install Finish Grading SF 410 $0.30 $123.00 63 Install Soil Preparation SF 410 $0.50 $205.00 64 Install Weed Abatement SF 410 $0.15 $61.50 65 Install 2" Deep Layer of Walk -On Mulch SF 410 $1.00 $410.00 66 Install 5 Gallon Shrubs EA 89 $25.00 $2,225.00 67 Install 1 Gallon Shrubs EA 109 $12.00 $1,308.00 i;m:+t k3�As Inr Page 5 City of Newport Beach WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS - PHASE 1 (C-7189-1), bidding on March 29, 2018 10:00 AM Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 68 Perform 30 Day Establishment & 60 Day Maintenance LS 1 $575.00 $575.00 $9,623.50 $604,284.50 Amount Type $159,000.00 $16,907.00 Subcontractors Name & Address Kato Landscape, Inc. 18182 Bushard Street Fountain Valley, CA 92708 United States V&E Tree Service P.O. Boz 3280 Orange, CA 92865 United States Description Portion of Landscape Clear & Grub License Num 806122 654506 r'la r.et9 in:: Inc. Subtotal Total CADIR 1000000086 1000001936 Page 6 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS WEST COAST HIGHWAY LANDSCAPING IMPROVEMENTS - PHASE I CONTRACT NO. 7189-1 PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.1 Permanent Survey Markers SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 - UTILITIES 5-1 LOCATION 5-2 PROTECTION 5-7 ADJUSTMENTS TO GRADE 1 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 6-1.1 Construction Schedule 3 6-7 TIME OF COMPLETION 4 6-7.1 General 4 6-7.2 Working Days 4 6-7.4 Working Hours 4 6-9 LIQUIDATED DAMAGES 5 SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services 7-7 COOPERATION AND COLLATERAL WORK 7-8 WORK SITE MAINTENANCE 7-8.4.3 Storage of Equipment and Materials in Public Streets 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 7-8.7.2 Steel Plates 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access 7-10.3 Street Closures, Detours and Barricades 7-10.4 Safety 7-10.4.1 Safety Orders 5 5 5 S 6 6 6 6 7 7 7 7 8 8 7-10.5 "No Parking' Signs 7-10.6 Notices to Residents 7-15 CONTRACTOR'S LICENSES 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General PART 2 CONSTRUCTION MATERIALS SECTION 201- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 300-1.3.1 General 300-1.3.2 Requirements 300-1.5 Solid Waste Diversion 308-1 General APPENDIX APPENDIX A: SECTION 02810 LANSDCAPE IRRIGATION SECTION 02900 LANDSCAPE PLANTING SECTION 02970 LANDSCAPE MAINTENANCE SOILS REPORT i 9 9 9 11 22 22 22 i;] 22 22 22 22 23 23 24 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS WEST COAST HIGHWAY LANDSCAPE IMPROVEMENTS — PHASE I CONTRACT NO. 7189-1 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R -6084-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2015 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased from Building News, Inc., 990 Park Center Drive, Suite -E, Vista, CA 92081, 760-734-1113. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of Clearing and grubbing, Grading, Landscape Establishment and Maintenance, Irrigation Improvements, Providing As -Built drawings, and all other incidental items of work necessary to complete the work in place." 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete this section and replace with the following: "The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. Page 1 of 79 Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work." SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup Replace this section with the following: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost (prior to any markups) of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 - hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner Page 2 of 79 in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor." SECTION 5 - UTILITIES 5-1 LOCATION Add the following after the 3rd 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. 5-7 ADJUSTMENTS TO GRADE The Contractor shall adjust or replace to finish grade of City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor will be required to contact Southern California Edison, The Gas Company, AT&T Telephone, cable television, and any other utility facilities to have their existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities in advance of work to avoid potential delays to the Project Schedule. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 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 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 Page 3 of 79 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 The Contractor shall complete all work under the Contract within sixty (60) 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 15t (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31 st (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 4:30 p.m., Monday through Friday. All work requiring the closure of vehicular travel lane(s) shall take place between 10:00 a.m. to 4:00 p.m. for eastbound traffic and between 7:00 a.m. to 3:00 p.m. for westbound traffic. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 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 Page 4 of 79 Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,800.00 "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. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services 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 limit the location, times and rates of drawing of such water 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shutdown of water and/or sewer facilities to take place. A four-hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the nighttime hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the Engineer. The City must approve any nighttime work in advance. It is the Contractor's responsibility to notify the affected business and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours minimum in advance of the water shut down." Page 5 of 79 The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting the City of Newport Beach Utilities Division at (949) 644-3011." 7-8 WORK SITE MAINTENANCE 7-8.4.3 Storage of Equipment and Materials in Public Streets 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 Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. Additional information can be found at www.cleanwaternewport.com." 7-8.6.2 Best Management Practices (BMPs) Add to this section: The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. Page 6 of 79 The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7-8.7.2 Steel Plates "Steel plates utilized for trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access 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 The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan showing typical closures and detour plans(s). The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Typical closures shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. Page 7 of 79 4. At a minimum, the Contractor shall maintain one lane of traffic in each direction when completing their work. 5. Number one lane closure for eastbound traffic will be from 10:00 a.m. to 4:00 p.m. and 7:00 a.m. to 3:00 p.m. for westbound traffic. 6. Contractor shall provide detailed traffic control plans and SWPPP. 7-10.4 Safety 7-10.4.1 Safety Orders 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 public counter. 7-10.6 Notices to Residents and Businesses Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents and businesses, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or alley, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. Page 8 of 79 The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 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 progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the "As -Built" drawings. The "As -Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material." SECTION 9 - MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General 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: Page 9 of 79 BASE BID ITEMS: 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. This pay item shall also include costs for Caltrans double permit. 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, and flag -persons. 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 Clearing and Grubbing: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for removing and disposing of the existing appurtenances, plant materials, tree trunks and roots of trees to be removed, debris; and all other work items as required to complete the work in place. The existing irrigation system shall be protected in place as noted on plans. Soils shall be left in a condition ready for soil preparation. Item No. 4 Demolish Existing Embossed Concrete Paving: Work under this item shall include, but not be limited to the removal of all existing concrete paving as denoted on the plans, removal of all debris, 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. 5 Remove 1-1/2" Remote Control Valve, Cap Mainline and Splice Wire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, removing existing valve, capping mainline and splicing common wire, reusing plastic box and all other items as required to complete the work in place. Item No. 6 Remove 1-1/4" Remote Control Valve, Cap Mainline and Splice Wire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, removing existing valve, capping mainline and splicing common wire, reusing plastic box and all other items as required to complete the work in place. Item No. 7 Remove 1" Remote Control Valve, Cap Mainline and Splice Wire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, removing existing valve, capping mainline and splicing Page 10 of 79 common wire, reusing plastic box and all other items as required to complete the work in place. Item No. 8 Unclassified Excavation: Work under this item shall include but not be limited to, the cost of all labor, equipment and material for excavating, hauling and disposing of existing topsoil, pavement base, subgrade, abandoned utilities, any other native/non-native underground material, all disposal fees, and all other work items as required to complete the work in place. Item No. 9 Remove 12" Thick P.C.C. Street Pavement: Work under this item shall include but not be limited to, the cost of all labor, equipment and material for sawcutting, removal and disposal of the existing 12 -inch thick P.C.C. tank road and all other work items as required to complete the work in place. Item No. 10 Import Top Soil Fill Material: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, spreading, and compacting top soil, shaping and removing irregular landforms and erosion damage to meet the finish grade requirements, and present a smooth and properly drained landscape surface ready for finish grading and soil preparation, and all other work items as required to complete the work in place as determined by the Engineer. Costs shall include all testing at Soils Laboratory. Item No. 11 Install Artificial GFRC 4 -foot Boulders: Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. Item No. 12 Install Artificial GFRC 3 -foot Boulders: Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. Item No. 13 Install Artificial GFRC 2 -foot Boulders: Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. Item No. 14 Stain and Seal Existing Median Bomanite Pavement: Work under this item shall be performed by Fox Painting Contractors and shall include, but not limited to, the cost of all labor, equipment and materials to clean, stain and seal existing median bomanite pavement, and all other work items as required to complete the work in place. Item No. 15 Furnish and Install 1-1/2" Flow Sensor: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1-1/2" flow sensor, valve boxes, and all other work items as required to complete the work in place. Page 11 of 79 Item No. 16 Furnish and Install Sensor Cable & Conduit, Trenching and Connection: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new electrical components, wiring and cabling, electrical connections, conduit, and all other work items as required to complete the work in place including an operational hookup to the existing controller and shall be tested by Engineer. Item No. 17 Furnish and Install 2" Master Valve in Box: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new 1-1/2" master valve, pipe material, electrical connections, valve boxes, and appurtenances to make connection to the existing irrigation water system, excavating, backfilling, and all other items as required to complete the work in place. Installation shall be to existing controller and shall be tested by Engineer. Item No. 18 Furnish and Install 2" Ball Valves in Box: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new ball valves, pipe material, valve boxes, recycled water identification, and appurtenances to make connection to irrigation water system, and all other items as required to complete the work in place. Item No. 19 Furnish and Install New Branded Lids: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new branded irrigation box lids for all boxes, and appurtenances as required to complete the work in place. All valve lid numbers shall match Irrigation plans. Item No. 20 Furnish Submittal Items: Work under this item shall include, but not limited to the cost of labor, equipment and materials for providing new submittal items per Contract Specifications, and as directed by the Engineer, and all other work items as required to complete the work. Item No. 21 Furnish "As -Built" Record Drawings and Controller Charts: Work under this item shall include, but not limited to the cost of labor, equipment and materials for providing "As -Built" record drawings per Contract Specifications, and as directed by the Engineer, three irrigation controller charts and all other work items as required to complete the work. Item No. 22 Inspect and Repair Existing Irrigation Systems: Work under this item shall include, but not be limited to an assessment of the existing irrigation systems 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, and repair or replacement of existing sprinkler heads and nozzles, 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. Page 12 of 79 Item No. 23 Furnish and Install Rotator Heads and Lateral Lines: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new irrigation heads and lateral lines, pipe material, recycled water identification, and appurtenance such as tees, elbows, etc., and all other items as required to complete the work in place. Item No. 24 Furnish and Install 1-1/2" Remote Control Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1-1/2" remote control valves, electrical connections, pipe material, valve boxes, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 25 Furnish and Install 1-1/4" Remote Control Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1-1/4" remote control valves, electrical connections, pipe material, valve boxes, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 26 Furnish and Install Quick Coupler Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new quick coupler valves, pipe material, valve boxes, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 27 Install Finish Grading: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, disposing, transporting, delivering, furnishing and installing top soil, shaping and removing irregular landforms and erosion damage to meet the finish grade requirements, and present a smooth and properly drained landscape surface, and all other work items as required to complete the work in place as determined by the Engineer. Item No. 28 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 installation, cross -ripping and rototilling to a minimum depth of 6 inches in areas where work is possible without disturbing existing tree roots, marking of areas of work 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. 29 Perform Weed Abatement: work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for applying herbicides, irrigation to completely wet the entire planting area, fertilization, removal and disposal of all dead weeds and all other items as required to complete work in place prior to plant installation. Page 13 of 79 Item No. 30 Install 2 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 2 -inch thick layer of mulch, and all other items as required to complete the work in place. Item No. 31 Furnish and Install 36" Box Cassia Leptophylla, (Gold Medallion Tree): 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 36" Box Cassia leptophylla, (Gold Medallion Tree), including soil amendments, backfill fertilizers and all other items as required to complete the work in place. Item No. 32 Furnish and Install 5 -Gallon Agave Attenuate 'Nova' (Blue Fox -Tail Agave): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 - Gallon Agave attenuate 'Nova' (Blue Fox -Tail Agave), including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 32 Furnish and Install 5 -Gallon Carissa Macrocarpa 'Green Carpet' (Green Carpet Natal Plum): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Carissa macrocarpa 'Green Carpet' (Green Carpet Natal Plum): including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 32 Furnish and Install 5 -Gallon Dianella Tasmanica 'Variegate', (Variegated Flax Lily): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Dianella tasmanica 'Variegata', (Variegated Flax Lily) including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 32 Furnish and Install 5 -Gallon Hesperaloe Parviflora 'Brakelights', (Red Yucca): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Hesperaloe parviflora 'Brakelights', (Red Yucca) including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 32 Furnish and Install 5 -Gallon Juncus Acutus, (Spiny Rush): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Juncus acutus, (Spiny Rush) including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 33 Furnish and Install 1 -Gallon Aloe Rudikoppe 'Litte Gem', (Little Gem Aloe): Work under this item shall include, but not be limited to, the cost of all Page 14 of 79 labor, equipment and materials for transporting, delivering, storing, furnishing, and installing one -gallon Aloe rudikoppe `Little Gem' (Little Gem Aloe), including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 33 Furnish and Install 1 -Gallon Senecio Mandraliscae (Kleinia): 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 1 -Gallon Senecio mandraliscae (Kleinia) including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 34 Perform 30 Day Landscape Establishment & 60 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. Page 15 of 79 ADD ALTERNATE BID ITEM #1: Item No. 1 Clearing and Grubbing: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for removing and disposing of the existing appurtenances, plant materials, tree trunks and roots of trees to be removed, debris; and all other work items as required to complete the work in place. The existing irrigation system shall be protected in place as noted on plans. Soils shall be left in a condition ready for soil preparation. Item No. 2 Demolish Existing Embossed Concrete Paving: Work under this item shall include, but not be limited to the removal of all existing concrete paving as denoted on the plans, removal of all debris, 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. 3 Remove 1-1/4" Remote Control Valve, Cap Mainline and Splice Wire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, removing existing valve, capping mainline and splicing common wire, reusing plastic box and all other items as required to complete the work in place. Item No. 4 Remove 1" Remote Control Valve, Cap Mainline and Splice Wire: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, removing existing valve, capping mainline and splicing common wire, reusing plastic box and all other items as required to complete the work in place. Item No. 5 Install Artificial GFRC 4 -foot Boulders. Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. Item No. 6 Install Artificial GFRC 3 -foot Boulders. Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. Item No. 7 Install Artificial GFRC 2 -foot Boulders. Work under this item shall include, but not be limited to the cost of all labor, equipment and material for digging the hole to receive the boulder, regrading and removal of excess soil from the site, and all other work items as required to complete the work in place. Item No. 8 Furnish and Install New Branded Lids: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new branded irrigation box lids for all boxes, and appurtenances as required to complete the work in place. All valve lid numbers shall match Irrigation plans. Page 16 of 79 Item No. 9 Furnish Submittal Items: Work under this item shall include, but not limited to the cost of labor, equipment and materials for providing new submittal items per Contract Specifications, and as directed by the Engineer, and all other work items as required to complete the work. Item No. 10 Furnish "As -Built" Record Drawings and Controller Charts: Work under this item shall include, but not limited to the cost of labor, equipment and materials for providing "As -Built" record drawings per Contract Specifications, and as directed by the Engineer, three irrigation controller charts and all other work items as required to complete the work. Item No. 11 Inspect and Repair Existing Irrigation Systems: Work under this item shall include, but not be limited to an assessment of the existing irrigation systems 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, and repair or replacement of existing sprinkler heads and nozzles, 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. 12 Furnish and Install Rotator Heads and Lateral Lines: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new irrigation heads and lateral lines, pipe material, recycled water identification, and appurtenance such as tees, elbows, etc., and all other items as required to complete the work in place. Item No. 13 Furnish and Install 1-1/4" Remote Control Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new 1-1/2" remote control valves, electrical connections, pipe material, valve boxes, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 14 Furnish and Install Quick Coupler Valves: Work under this item shall include, but not limited to, the cost of all labor, equipment and materials for excavating, backfilling, furnishing and installing new quick coupler valves, pipe material, valve boxes, and appurtenances to make connection to irrigation water system and all other items as required to complete the work in place. Item No. 15 Install Finish Grading: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, disposing, transporting, delivering, furnishing and installing top soil, shaping and removing irregular landforms and erosion damage to meet the finish grade requirements, and present a smooth and properly drained landscape surface, and all other work items as required to complete the work in place as determined by the Engineer. Page 17 of 79 Item No. 16 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 installation, cross -ripping and rototilling to a minimum depth of 6 inches in areas where work is possible without disturbing existing tree roots, marking of areas of work 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. 17 Perform Weed Abatement: work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for applying herbicides, irrigation to completely wet the entire planting area, fertilization, removal and disposal of all dead weeds and all other items as required to complete work in place prior to plant installation. Item No. 18 Install 2 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 2 -inch thick layer of mulch, and all other items as required to complete the work in place. Item No. 19 Furnish and Install 36" Box Cassia Leptophylla, (Gold Medallion Tree): 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 36" Box Cassia leptophylla, (Gold Medallion Tree), including soil amendments, backfill fertilizers and all other items as required to complete the work in place. Item No. 20 Furnish and Install 5 -Gallon Agave Attenuate 'Nova' (Blue Fox -Tail Agave): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 - Gallon Agave attenuate 'Nova' (Blue Fox -Tail Agave), including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 20 Furnish and Install 5 -Gallon Carissa Macrocarpa 'Green Carpet' (Green Carpet Natal Plum): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Carissa macrocarpa 'Green Carpet' (Green Carpet Natal Plum): including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 20 Furnish and Install 5 -Gallon Dianella Tasmanica 'Variegata', (Variegated Flax Lily): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Dianella tasmanica 'Variegata', (Variegated Flax Lily) including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Page 18 of 79 Item No. 20 Furnish and Install 5 -Gallon Hesperaloe Parviflora 'Brakelights', (Red Yucca): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Hesperaloe parviflora 'Brakelights', (Red Yucca) including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 20 Furnish and Install 5 -Gallon Juncus Acutus, (Spiny Rush): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Juncus acutus, (Spiny Rush) including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 21 Furnish and Install 1 -Gallon Aloe Rudikoppe 'Litte Gem', (Little Gem Aloe): 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 Aloe rudikoppe 'Little Gem' (Little Gem Aloe), including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 21 Furnish and Install 1 -Gallon Senecio Mandraliscae (Kleinia): 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 1 -Gallon Senecio mandraliscae (Kleinia) including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 22 Perform 30 Day Landscape Establishment & 60 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. Page 19 of 79 ADD ALTERNATE BID ITEM #2: Item No. 1 Clearing and Grubbing: Work under this item shall include, but not limited to, the cost of all labor, equipment and material for removing and disposing of the existing appurtenances, plant materials, tree trunks and roots of trees to be removed, debris; and all other work items as required to complete the work in place. The existing irrigation system shall be protected in place as noted on plans. Soils shall be be left in a condition ready for soil preparation. Item No. 2 Furnish and Install New Branded Lids: Work under this item shall, but not limited to, the cost of all labor, equipment and materials for furnishing and installing new branded irrigation box lids for all boxes, and appurtenances as required to complete the work in place. All valve lid numbers shall match Irrigation plans. Item No. 3 Furnish Submittal Items: Work under this item shall include, but not limited to the cost of labor, equipment and materials for providing new submittal items per Contract Specifications, and as directed by the Engineer, and all other work items as required to complete the work. Item No. 4 Furnish "As -Built" Record Drawings and Controller Charts: Work under this item shall include, but not limited to the cost of labor, equipment and materials for providing "As -Built" record drawings per Contract Specifications, and as directed by the Engineer, three irrigation controller charts and all other work items as required to complete the work. Item No. 5 Inspect and Repair Existing Irrigation Systems: Work under this item shall include, but not be limited to an assessment of the existing irrigation systems 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, and repair or replacement of existing sprinkler heads and nozzles, 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. 6 Install Finish Grading: Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for removing, disposing, transporting, delivering, furnishing and installing top soil, shaping and removing irregular landforms and erosion damage to meet the finish grade requirements, and present a smooth and properly drained landscape surface, and all other work items as required to complete the work in place as determined by the Engineer. Item No. 7 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 installation, cross -ripping and rototilling to a minimum depth of 6 inches in areas where work is possible without disturbing existing tree roots, marking of areas of work to be rototilled in gypsum chalk for approval by the Engineer, care of existing tree roots, and Page 20 of 79 all other work items as required to complete the work in place as determined by the Engineer. Item No. 8 Perform Weed Abatement: work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for applying herbicides, irrigation to completely wet the entire planting area, fertilization, removal and disposal of all dead weeds and all other items as required to complete work in place prior to plant installation. Item No. 9 Install 2 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 2 -inch thick layer of mulch, and all other items as required to complete the work in place. Item No. 10 Furnish and Install 5 -Gallon Hesperaloe Parviflora 'Brakelights', (Red Yucca): Work under this item shall include, but not be limited to, the cost of all labor, equipment and materials for transporting, delivering, storing, furnishing, and installing 5 -Gallon Hesperaloe parviflora 'Brakelights', (Red Yucca) 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 1 -Gallon Senecio Mandraliscae (Kleinia): 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 1 -Gallon Senecio mandraliscae (Kleinia) including soil amendments, backfill fertilizers and providing plant photos, and all other items as required to complete the work in place. Item No. 12 Perform 30 Day Landscape Establishment & 60 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. 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." Page 21 of 79 PART 2 CONSTRUCTION MATERIALS SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class Portland Cement concrete for construction shall be Class 560-C-3250. SECTION 212 — LANDSCAPE AND IRRIGATION MATERIALS 212-1 LANDSCAPE MATERIALS 212-1.2.6 Soil Amendments Soil amendments shall adhere to the soil. analyses and recommendations by Waypoint Analytical, dated October 10, 2017 and Landscape Planting Specifications as attached to these specifications, or as directed by the Engineer. PART 3 CONSTRUCTION METHODS SECTION 300 ---EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://newportbeachca.gov/index.aspx?paqe=157 and then selecting the link Franchised Haulers List." 300-1.3.1 General Add to this section: "The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications for Public Works Construction except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site Page 22 of 79 at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. The Contractor shall dispose of all excess or waste material and shall include all fees for such disposal in the appropriate bid items." 300-1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "1-'/ inch" of the last sentence with the words "two (2) inches". 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." 308-1 General "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 removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. Kevin Pekar ((949) 795-2238) at the site to discuss City standards and requirements. If required, the submittal shall adhere to the following guidelines. 1. Root Pruning 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 Page 23 of 79 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. Page 24 of 79 SECTION 02810 LANDSCAPE IRRIGATION PART 1 -GENERAL 1.01 SCOPE OF WORK: n. Furnish all labor, materials, appliances, tools, equipment facilities, transportation, and services necessary for and incidental to performing all operations in connection with the installation of "Landscape Irrigation" complete, as shown on the drawings and/or described herein. B. Related work In other sections: 1. Landscape Planting 2. Landscape Maintenance 1.02 QUALITY ASSURANCE AND REQUIREMENTS: A. Permits and Fees: 1. At the time of the award and until completion of work, the Contractor shall possess a California Contractor's "A" and "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. B. Manufacturers Directions: 1. 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. C. Ordinances and Regulations: 1. All local, municipal and state laws and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict Page 25 of 79 with any of the above rules and regulations or requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, the provisions of these specifications and drawings shall take precedence. D. Contractor Responsibilities: A qualified superintendent shall be present on the site at all times during the progress of the work. The superintendent shall be fluent in the English language. 2. The Contractor shall train each person in techniques for making correct solvent and rubber gasket joints prior to their performing work on the site. 3. The Contractor shall protect work and materials from damage during construction and storage. Polyvinyl chloride, (PVC) pipe and fittings shall be protected from dirt and sunlight. The Contractor shall assume responsibility for damage to existing construction and shall restore damaged property to the original condition to the satisfaction of the Engineer. 5. The Contractor shall handle plastic pipe and fittings carefully and store undercover to avoid UV or other damage. 6. Immediately notify the Engineer 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 Engineer's satisfaction. E. Codes and Regulations: Verify that landscape irrigation systems may be installed in accordance with all pertinent codes and regulations, the original design, the reference standards, and the manufacturer's recommendations. Any provision and installation of material not in accordance with the above shall be removed and returned at the contractor's expense. Site Safety: Page 26 of 79 Erect and maintain barricades, warning signs, lights and/or guards as necessary or required to protect all persons on the site. The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during the performance of the work. 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. 3. The right of the Landscape Architect to conduct construction review or observation of the Contractor's performance shall not include review or observations of the adequacy of the Contractor's safety measures in, on, or near the construction site. �. Explanation of Drawings: Due to the scale of drawings, it is not possible to indicate all offsets, fittings, sleeves, etc. which may be required. The Contractor shall carefully investigate the structural and finished conditions affecting all of his work and plan his work accordingly, furnishing such fittings, etc. as may be required to meet such conditions. Drawings are essentially diagrammatic and indicative of the work to be installed. The work shall be installed in such a manner as to avoid conflicts between irrigation systems, planting, and architectural features. 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. 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 Landscape Architect. In the event this notification is not performed, the irrigation contractor shall assume full responsibility for any revisions necessary to correct these discrepancies. 1.03 SUBMITTALS: A. Material List: 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 Landscape Architect. Page 27 of 79 2. Submittals shall be provided within ten (10) working days from the award of the contract. The complete formal material list on Contractor's letterhead shall be submitted prior to the starting of any work. Cut sheets may be included as backup to the formal material list. Catalog data and full descriptive literature may be submitted. Although equipment on the plans may be different from the examples below, the following is a guide for proper formal submittal list format: Item Description Man ufactu rer Model Size(s) Backflow Preventer Febco 860 2" Pop-up Spray Head Rainbird 1806 NA Material list must include all irrigation materials utilized on the project including fittings, glue, primer, etc. e. Substitutions: 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 Landscape Architect 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 Landscape Architect may be rejected and the Contractor required to remove such materials from the site at his own expense. The Engineer shall have the sole discretion in accepting or rejecting any proposed substitution. 3. No exception taken to any item, alternate or substitute indicates only that the product apparently meets the requirements of the Page 28 of 79 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 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 Engineer, an unapproved 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. Record Drawings: The Contractor shall provide and keep up to date a complete "record" set of heavy presentation bond (at least #30 weight) prints which shall be corrected daily and show every change from the original drawings and specifications and the exact locations, sizes and kinds of equipment. These drawings may also serve as work progress sheets and shall be the basis for measurement and payment for work completed. This set of drawings shall be kept on the site and shall be used only as an on-going record set. The Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work progress as actually installed. These drawings shall be available at all times for inspection and shall be kept in a location approved by the Engineer. 3. The project irrigation plans may be procured from the Landscape Architect in PDF format via email. All printing of the PDF format drawings shall be paid to a reprographics firm directly from the Contractor. The plans shall be printed onto bond and all information from the field set shall be applied to the bond plans in a neat and orderly manner. Upon approval by the Engineer, the contractor may then provide photo mylars of these plans for record either to the Engineer. The cost of all these prints shall be paid to a reprographics firm directly from the Contractor. 4. All additional markings on the mylar plans shall be neat, drawn in waterproof ink by a technical ink pen designed specifically for use on mylar material. Work completed in felt tip pen or ballpoint pen shall be rejected because of the non -permanent nature of both devices. All work shall be subject to the approval of the Engineer Page 29 of 79 The Contractor shall verify the needs of the City Inspector or Local City Planning Department as to any requirements for city -required record drawings. The Contractor shall be responsible for providing all drafting and required plans on the required medium to the City Inspector as required. All costs for drafting services shall be borne by the Contractor. This includes all microfilm or other processes the city may deem necessary for record purposes to the satisfaction of the City. The Landscape Architect is not responsible, nor contracted for drafting Contractor record drawings. The Contractor shall dimension from two (2) points of reference the location of the following items. If buried, the depth shall also be indicated. Buried lineal items ie, wire and pipe mainline shall be dimensioned every 20' unless uniformly buried behind a curb or hardscape where a note will suffice. The minimum height of dimensions and/or notes shall be 1/8" unless otherwise directed by the City Inspector. All printing must be readable and clearly denoted. Provide a "bar scale" on the plan. a. Water Point of Connection, (POC) b. Electrical Point of Connection c. Backflow preventers d. Master valve e. Flow sensor f. Gate or ball valves g. Quick coupling valves h. Remote control valves i. Routing of pressure main line piping, ( dimension max. 100' along routing) j. Routing of control and common wire k. Pull Boxes i. Other related equipment On or before the date of the final inspection at the end of the Maintenance Phase, the Contractor shall deliver the corrected and completed mylar to the Engineer. Delivery of the mylar will not relieve the contractor of the responsibility of furnishing required Page 30 of 79 information that might have been omitted from the prints compiled at the site. The Contractor shall be fully responsible for correct record drawings. �. Controller Charts: Record drawings shall be evaluated by the Landscape Architect and/or City Inspector before controller charts are prepared. 2. Provide three 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 ''/z" smaller than the controller door on all sides. 4. The chart is to be a reduced drawing of the actual record drawings. However, in the event the controller sequence is not legible when the drawing is reduced, it shall be revised and made readable when the final controller chart is completed. 5. The chart shall be at least a 30# presentation bond copy. A 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. The charts shall be mounted using Velcro tape. Controller charts shall be completed and approved prior to final inspection of the irrigation system. E. Operation and Maintenance Manuals: Prepare and deliver to the Engineer within ten calendar days prior to completion of construction, hard -covered, three rings binders containing the following information: 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 31 of 79 d. Complete operating and maintenance instructions on all major pieces of equipment. e. Equipment list providing the following for each item: 1. Manufacturer's name z. Make and model number 3. Name and address of local manufacturer's representatives a. Spare parts list in detail 2. Provide two (2) manuals, unless otherwise directed by the Engineer or City Inspector. F. Equipment to be furnished: 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 sprinkler and valve installed under this contract. b. Two (2) five-foot valve keys for operation of ball/gate valves (as required). c. Two (2) keys for each new automatic controller enclosure d. Two (2) keys for each new automatic controller e. Two (2) keys for each new backflow preventer enclosure. f. Two (2) quick coupling valve keys. 1.04 PRODUCT DELIVERY, STORAGE AND HANDLING: X Handling of PVC Pipe and Fittings: 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. Page 32 of 79 1.05 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 Engineer or his representative prior to acceptance of the irrigation system. A copy of the guarantee form shall be included in the Operations and Maintenance Manual. c. The beginning date of the one-year guarantee shall be from the written final acceptance date established by the Engineer at the end of the Maintenance Phase. If no Maintenance Phase is included in the contract, the beginning date shall be from the acceptance date established by the Engineer 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 Engineer. We shall make such repairs or replacements within a reasonable time as determined by the Engineer after receipt of written notice form the Engineer. All repair work shall completed to the satisfaction of the Engineer. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the Engineer, we authorize the Engineer to proceed to have said repairs or replacements made at our expense. We will pay the costs and charges therefore upon demand. Any temporary repairs made by others to keep the irrigation system operable, does not void or relieve the Contractor of his responsibilities during the guarantee period. PROJECT: ADDRESS: LOCATION: SIGNED: ACCEPTANCE: SIGNED: PHONE: Page 33 of 79 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. Existing Automatic Controllers: Electrical work shall conform to all applicable codes, ordinances and union authorities having jurisdiction. Only qualified electricians shall work with high voltage design, equipment or wiring. 2. The Contractor shall notify the Engineer should repairs be necessary to the controller or enclosure after inspecting it. See drawing notes for contact should the central control system need to be adjusted. C. Automatic Controller: The automatic controller shall be of the size and type shown on the drawings. 2. The Engineer prior to installation shall approve final location of automatic controllers. 3. Unless otherwise noted on the plans. The 120 -volt electrical power to the automatic controller location shall be furnished by the Engineer. The final hook-up of the automatic controller to the 120 - volt power source shall be the responsibility of the irrigation contractor. D. Control Wiring: Connections between the automatic controllers and the electric control valves shall be made with insulated 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 750', 12 ga. up to1200', 10 ga. up to 2,000' 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 Page 34 of 79 possible Where more than one wire is placed in a trench, the wiring shall be secured together with vinyl cable ties at intervals of ten (10) feet, and placed under the pipe for protection from shovels. 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. All splices shall be made with 3M Direct Bury Splice Kit DBY/DBR- 6. 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 Landscape Architect. 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 Landscape Architect for the number of extra wires to be run in differing directions. Pressure Regulating Valves: Pressure Regulating Valves shall be placed either in a valve box or on the upstream riser to the backflow preventer per plan. 2. The system pressure at the system pressure regulating valve shall be set to 25% over the highest pressure required by the system. Normally -Closed Master Valves: Master valves shall be the size and type as shown on the drawings. Solenoid, if different from that normally supplied, shall be as specified on the drawings. The remote control valve shall be a normally closed, 24VAC-50/60 cycle solenoid actuated globe pattern design capable of having a flow rate specified on the drawings and a pressure loss not to exceed manufacturer's specifications. The valve pressure rating Page 35 of 79 shall not be less than 2,000 PSI, (13.8 bars, metric). 4. The valve body and bonnet shall be constructed of heavy cast brass, diaphragm shall be of nylon reinforced buna-n rubber. All other internal parts shall be made of bronze, brass, and stainless steel to ensure corrosion resistance. 5. The valve shall have both internal and external manual open/close control, (internal and external bleed), for manually opening and closing the valve without electrically energizing the solenoid. The valve shall have internal manual bleed to prevent flooding of the valve box. The valve shall house a fully encapsulated, one-piece solenoid. The solenoid shall have a captured plunger with a removable retainer for easy servicing, and a leverage handle for easy turning. This 24VAC 50/60 Hz solenoid shall open with 19.6 VDC minimum at 200 PSI, (13.8 bars metric). At 24VAC average inrush current, it shall not exceed .41 amps. Average holding current shall not exceed .23 amps. 6. The valve shall have a contamination -proof (CP) self -flushing nylon filter screen located a the valve inlet to filter out debris and prevent clogging of the hydraulic control ports and assure reliable operation. 7. The valve shall have a stainless steel flow control stem and cross handle for regulating or shutting off the flow of water. The valve must open or close in less than one minute at 200 PSI, (13.8 bars metric), and less than 30 seconds at 20 PSI, (1.4 bars metric). 8. The valve construction shall be such as to provide for all internal parts to be removable from the top of the valve without disturbing the valve installation. 9. The controller assembly shall be provided with a Master Valve Power assembly for the purpose of powering the master valve circuit independent of controller operation to pressurize the mainline for supplemental watering. This assembly shall consist of a timing module (with variable timing in thirty minute increments for up to three hours) mounted to the face of the backboard and pre- wired to a terminal interface board. G. Flow Sensors: Flow sensing equipment shall be an insertion type with a non- magnetic, spinning impeller, (paddle wheel) as the only moving part. The sensor sleeve will be brass or 316 stainless steel with the impeller and sensor housing being glass -filled PPS. A Pinion bearing shall be inserted through the impeller and the shaft Page 36 of 79 material shall be tungsten carbide. The sensor will be supplied with a 2" NPT adapter for installation into any commercially available weld -on fitting or pipe saddle. The adapter shall have two (2) ethylenepropylene O -rings. The sensor electronics will be potted in an epoxy compound designed for prolonged immersion. Electrical connections shall be two (2) single conductor 18AWG leads eighteen (18) inches long. Insulation shall be direct burial "UF" type, colored red for the positive lead and black for the negative lead. Insertion of the sensor into any pipe size shall be 1-1/2 inches from the inside wall to the end of the sensor housing. The sensor shall operate in line pressures up to 400 PSI and liquid temperatures up to 22- degrees Fahrenheit, and operate in flows of one (1) foot per second up to thirty (30) feet per second. This flow sensor shall be manufactured by Rainbird, model number as specified on the drawings. Flow sensors shall be of the type and size specified on the irrigation drawings. Where flows vary dramatically from low to high, a manifold with low and high flow sensing capabilities may be necessary that can be read flows separately depending on the stations attached to each. H. Communication Cable All data communications wire connecting flow sensors to the electronics that are buried below grade, with conduit, shall be constructed to direct burial specifications similar to Telecommunications Exchange Cable (REA PE -89). The cable shall be constructed of 20AWG or larger copper conductors twisted into pairs of varying lengths to prevent cross talk. Conductors shall be insulated with polyethylene or propylene with a suggested working voltage of 350 volts. The cable shall feature an aluminum -polyester shield and be finished with a black high-density polyethylene jacket. The cable should be equivalent to Belden No. 9883 or Anxiter E-000319DFC. 3. It is important that all wire connections be absolutely watertight with no leakage to ground or shorting from one conductor to another. Epoxy type wire connector kits such as 3M Series 3500 Scotch- LOK connector packs or 3M Series 7000 Epoxy Wire Connector Kits shall be used. If one connector is used for both wire connections, the splices shall be staggered to prevent shorting. Install per manufacturer's specifications. Ball Valves: Shall be as specified on plans. Page 37 of 79 J. Quick Coupling Valves: 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. Hinge cover shall be of heavy duty brass construction with a durable high quality locking yellow, (potable) or purple, (reclaimed) thermoplastic rubber cover bonded to it in such a manner that it becomes a permanent -type cover. Locate valves within 12 inches of hardscape edge unless otherwise noted on plans. 4. Normally closed master valve systems shall either have a master valve over -ride device within the controller to manually open the master valve during quick coupler use, or connect the master valve to a designated control valve station to open the master valve during quick coupler operation. Refer to the irrigation drawings. K. Electric Remote Control Valves: Electric control valves shall be of the size and type shown on the drawings. Unless otherwise noted on plan or construction details, all electric control valves shall have a manual flow adjustment. Provide and install one control valve box for each electric control valve. 4. Provide and install Christy tags with valve sequence for each valve. �. Valve Boxes: Ball Valves: Use 10" diameter x 10" deep round boxes, Carson industries #910 -10 -Green Blank with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. Brand top as indicated below. Flow Sensors: Use 10" diameter x 10" deep round boxes, Carson industries #910 -10 -Green Blank with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. Brand top as indicated below. Pull Boxes: Use 10" diameter x 10" deep round boxes, Carson industries #910 -10 -Green Blank with green bolt down cover or approved equal. Extension sleeve shall be PVC -6" minimum size. Page 38 of 79 Brand top as indicated below. 4. All existing and new boxes shall receive new branded lids. All valve numbers shall match lid numbering for easy identification of valves. Identification numbers shall be branded onto the box lids in 2 inch high letters and numbers as follows: a. BV: Ball Valve b. FS: Flow Sensor c. MV: Master Valve e. QC: Quick Coupling Valve f. RCV-#: Remote Control Valve and Station Number M. Buried Potable PVC Pressure Main Line Pipe and Fittings: Pressure main line piping shall be PVC schedule 40 for all mainline piping 1-1/2" and smaller with solvent -welded joints, PVC Class 315 for all mainline piping 2" through 3" with solvent -welded joints. 2. Pipe shall be made from NSF approved Type 1, Grade 1 PVC compound conforming to ASTM resin specification D 1784 or D 2241. All pipe must meet requirements as set forth in Federal Specification PS -21-70 (Solvent -Weld Pipe) and meet requirements of Cell Classification 124548. This compound shall have a 2,000 -PSI hydrostatic design stress rating. 3. Install blue colored warning tape 12" over all new potable water main lines. N. Potable PVC solvent -weld fittings 1. PVC solvent -weld fittings shall be Schedule 80, 1-2, 11-1 NSF approved conforming to ASTM test procedure D 2466. 2. Solvent cement and primer for PVC solvent -weld pipe and fittings shall be of the type and installation methods prescribed by the manufacturer. 3. All PVC pipe must bear the following markings: a. Manufacturer's name Page 39 of 79 b. Nominal pipe size c. Schedule or Class d. Pressure rating in PSI e. NSF (National Sanitation Foundation) approval Date of extrusion 4. 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. o. Buried Potable PVC Non -Pressure Lateral Line Pipe: 1. Non -Pressure buried lateral line pipe shall be PVC Schedule 40 with solvent -weld joints, ''/2" shall be Class 315. 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. P. 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. Q. Joint Primer: 1. Type as recommended by manufacturer of pipe. 2. Type IPS -P-70 or equivalent for Flex hose to PVC fittings. R. Joint Cement: 1. Solvent type as recommended by manufacturer. S. Brass Pipe and Fittings: Page 40 of 79 Where indicated on the drawings, use 85% red brass, schedule 40 screwed pipe conforming to Federal Specification #WW -P-351. 2. Fittings shall be medium red brass, screwed, 125 pound class conforming to Federal Specification #WW -P-460. 3. Assemble using teflon tape applied to male threads only. T. Sleeves: Pipe sleeves for potable water and wires shall be white Schedule 40 PVC pipe a minimum of two times the diameter of the interior irrigation pipe. Sleeve pipes shall me a minimum of 1-1/2" for water lines. Oversized sleeves are acceptable at no additional cost to Engineer. 2. Sleeves shall be of a minimum size to accept pipe "bell joints". 3. Multiple non -pressure lateral water pipes may be placed within a single sleeve if approved by the Landscape Architect. 4. Mainline sleeves shall consist of only one pipe per sleeve. 5. In no cases shall wires be placed within the same sleeve as water pipes. Wires shall be encased within a separate sleeve. u. Warning Tape (Detectable): All new PVC mainline pipelines shall have a detectable warning tape placed in the trench 12 inches above the pipe. 2. Plastic warning tape (detectable) shall be five-ply composition of ultra-high molecular weight, 100 percent virgin polyethylene or an inert plastic film specifically formulated for prolonged underground us and shall include a metallic substance that can be registered by a magnetic field location device. The minimum thickness shall be 4 mils and the overall width of the tape shall be three (3) inches. Warning tape (detectable) shall be as supplied by T. Christy Enterprises, Thor Enterprises, Inc. Griffolyn Co., Terra Tape, Division of Reef Industries, or approved equal. The color of the tape shall be in accordance with the above requirements and the Recycled Water Urban Irrigation User's Manual. Do not provide location tape over lateral non -pressure lines. New Potable Water Mainline Pipelines shall receive blue colored warning tape (detectable) with Black lettering identifying the potable pressure water pipeline. Lettering shall be a minimum of one (1) inch high letters with the wording: "CAUTION: BURIED POTABLE Page 41 of 79 WATER LINE BURIED BELOW". Christy's Part Number TA -DT -3 - BW v. Sprinkler Heads: All sprinkler heads shall be of the size, type and deliver the same rate of precipitation with the diameter (or radius) of spray, pressure and discharge in GPM as shown on the drawings. Refer to City Irrigation Equipment List. 2. All spray type sprinklers shall have a screw adjustment. 3. Riser/swing joint assemblies shall be fabricated in accordance with the irrigation construction details shown on the drawings. Riser nipples for all sprinkler heads shall be the same size as the base opening in the sprinkler body. 5. The sprinkler body, stem, nozzle and screen shall be constructed of heavy-duty, ultra -violet resistant plastic. It shall have a heavy- duty stainless steel retract spring for positive pop down and a ratcheting system for easy alignment of the pattern. Pop-up height shall be as specified in the model number. 6. The sprinkler shall have a soft elastomer pressure activated co - molded wiper seal for cleaning debris from the pop-up stem as it retracts into the case to prevent the sprinkler from sticking up and to minimize "flow -by". The sprinkler shall have a matched precipitation rate plastic nozzle with an adjusting screw capable of regulating the radius and flow. When so indicated on the design, pop-up spray sprinklers shall also include check valves, pressure regulating device as specified or variable arc nozzles having an infinite arc adjustment of 0 degrees to minimum 330 degrees. The sprinkler shall be capable of housing under the nozzle protective, non -clogging filter screens or pressure compensating screens. The screen shall be used in conjunction with the adjusting screw for regulating. 8. The sprinkler shall have a pop-up flush plug pre-installed. The plug shall prevent debris from clogging the sprinkler during installation and allow for the system to be flushed before nozzling. The plug shall be bright orange in color and constructed of polypropylene material. PART 3 — EXECUTION 3.01 INSPECTION: Page 42 of 79 A. Site Conditions: 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. 2. 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. 3. 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. 4. The Contractor shall receive approval from the Engineer prior to installing irrigation that the finish grades are acceptable. A. Physical Layout: The irrigation lines as indicated on the drawings are diagrammatic. All piping and equipment shall be installed within the project boundaries, even if shown outside the boundaries on the drawings. Equipment or piping shown outside the boundaries on the drawings is for design clarity only. Install all piping and equipment within planting areas. Prior to installation, the Contractor shall stake out all pressure supply lines, routing and location of sprinkler heads. Install all materials and piping to avoid conflict with trees, shrubs, and all underground utility services. Contact the Landscape Architect immediately if obstructions prevent routing as denoted on plans. 3. Lay out irrigation emitters/heads and make any minor adjustments required due to differences between actual site conditions and the drawings. Adjustments shall be maintained within the original design intent and only after receiving approval from the Landscape Architect. Do not exceed the maximum or minimum spacing indicated by the manufacturer. B. Water Supply: Sprinkler irrigation system shall be connected to water supply points of connection as shown on drawings. Page 43 of 79 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. The water source for the point of connection shall either be existing or brought to the location by the General Contractor or others for connection by the Landscape Contractor. C. Electrical Supply: An electrical connection for automatic controller shall be made to electrical points of connection as shown on the 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. The electrical source for the point of connection of the controller shall ither be existing or brought to the location by the General Contractor or Engineer for connection by the Landscape Contractor. 3.03 INSTALLATION: A. Trenching: Dig trenches straight to support pipe continuously on bottom of the trench. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on the drawings or as noted. a. Provide for a minimum of eighteen- (18) inches cover for all buried pressure supply lines. b. Provide for a minimum of twelve- (12) inches cover for all buried non -pressure lateral lines. c. Provide for a minimum of eighteen- (18) inches cover for all buried control wiring. s. Backfilling: The trenches shall not be backfilled until all required tests are performed. Trenches shall be carefully backfilled with the excavated materials approved for backfilling, consisting of earth, loam, sandy clay, sand or other approved materials, free from large Page 44 of 79 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 Engineer. Flooding may be accepted in lieu of tamping only upon written approval of the Engineer. 5. Truck wheels shall not be used for compacting soil. Boring, Trenching and Backfill Under Paving: Trenches located under areas where paving, asphalt concrete or concrete will be installed, shall be backfilled with sand (a layer six (6) inches below the pipe and four (4) inches above the pipe), and compacted in layers to 95% compaction, using manual or mechanical tamping devices. Trenches for piping shall be compacted to equal the compaction of the existing adjacent undisturbed soil and shall be left in a firm unyielding condition. The sprinkler irrigation Contractor shall set in place; cap and pressure test all piping under paving prior to the paving work. 2. Piping under existing street paving shall be installed by boring. No hydraulic driving shall be permitted. Where any cutting or breaking of sidewalks, curbs, streets and/or concrete is necessary it shall be done and replaced by the Contractor as part of the contract cost. Permission to cut or break sidewalks, curbs, streets and or concrete paving shall be expressly obtained from the city Public Works Department in writing prior to performing work. All boring under streets shall be under the supervision of the city Public Works department and be in conformance to all details, guidelines, regulations or specifications as provided by the city's Public Works department. Provide for a minimum cover of twenty-four (24) inches between the top of the pipe and the bottom of the aggregate base for all pressure and non -pressure piping installed under asphalt concrete Page 45 of 79 paving. Verify dimension with Engineer prior to boring. D. Assemblies: Routing of sprinkler irrigation lines as indicated on the drawings is diagrammatic. Install lines (and various assemblies), in such a manner as to conform to the details on the drawings. 2. Install no multiple assemblies on plastic lines. Provide each assembly with it's own outlet. 3. Install all assemblies specified herein in accordance with respective detail. In the absence of detail drawings or specifications pertaining to specific items required to complete work, perform such work in accordance with the best standard practice and with the 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. E. Line Clearance: 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 above all mainline piping per irrigation drawings. High voltage wiring for Automatic Controller: The Contractor or Engineer shall provide 120 -volt power connection to the automatic controller location. The Landscape Contractor shall make the final hookup to the controller. 2. All work on high voltage electrical systems shall be done by a Page 46 of 79 licensed electrician. 3. All electrical work shall conform to local codes, ordinances and union authorities having jurisdiction. G. Low Voltage Wiring: 1. Place new wiring in the same trench and route as the pressure supply lines where possible. 2. Install new wiring prior to new main line installation. 3. Secure wire(s) together at 10 feet on -center maximum, with vinyl cable ties attached to the mainline. If mainline is not present. Bundle and secure wires with vinyl cable ties at 10 feet on center. 4. Provide a 24 -inch expansion loop at each connection and at each directional change. 5. Use a continuous wire between controller and remote -control valves. Should splicing be required, make splices in an approved box. 6. Use white for all ground wire circuits. H. 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. I. Valve Box Installation: 1. Provide at all locations indicated. 2. Fill below box with a minimum of 6" layer of pea gravel. Compact prior to installation of box. 3. "Brand" identification number on each valve box in 2 -inch -high characters (letters and numbers) indicating controller letter and valve number within the sequence. See drawings for numbering method. 4. Provide and install Christy tags with valve sequence for each valve. �. Flushing of System: Page 47 of 79 After all new sprinkler pipe lines and risers are in place and connected, and all necessary diversion work has been completed, and prior to installation of sprinkler heads, the control valves shall be opened, and a full head of water used to flush out the system. 2. Heads/emitters shall be installed only after flushing of the system has been accomplished. K. Sprinkler Heads: Install the sprinkler heads or emitters as designated on the drawings. Sprinkler heads and/or emitters to be installed in this work shall be equivalent in all respects to those itemized on the drawings. 2. Spacing of sprinkler heads and/or emitters shall not exceed the maximum as indicated on the drawings. In no case shall the spacing exceed the maximum recommended by the manufacturer. L. Adjusting system: Adjust valves alignment and coverage of irrigation heads/emitters. These changes or adjustments shall be made at no additional cost to the Engineer. The entire system shall be operating properly before any planting operations commence. 3.04 TEMPORARY REPAIRS: A. The Engineer reserves the right to make temporary repairs as necessary to keep the irrigation system equipment in operating condition. The exercise of this right by the Engineer shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.05 EXISTING TREES: A. Where it is necessary to excavate adjacent to existing trees, the Contractor shall use all possible care to avoid injury to trees and tree roots. Excavation in areas where two (2) inch and larger roots occur shall be done by hand. All roots two (2) inches and larger in diameter, except directly in the path of pipe or conduit, shall be tunneled under and shall be heavily wrapped with burlap, to prevent scarring or excessive drying. Where a ditching machine is run close to trees having roots smaller than two (2) inches in diameter, the wall of the trench adjacent to the tree shall be hand trimmed, making clean cuts through roots. Roots one-half (1/2) Page 48 of 79 inch and larger in diameter shall be painted with two coats of tree seal, or equivalent. Trenches adjacent to trees should be closed within twenty- four (24) hours; and where this is not possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas. 3.06 FIELD QUALITY CONTROL: A. Adjustment of the System: The Contractor shall flush clean and adjust all sprinkler heads for optimum performance and to prevent overspray or runoff onto walks, roadways and buildings as much as possible. 2. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting at the contractor's cost. Lowering or raising of sprinkler heads by the Contractor shall be accomplished within five (5) days after notification by the Engineer. 4. All sprinkler heads shall be set perpendicular to finished grade unless otherwise designated on the drawings. B. Testing of Irrigation System: The Contractor shall request the presence of the Landscape Architect 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. Before testing mainlines, fill the lines with water for a period of at least 24 hours. All hydrostatic mainline testing shall be completed prior to the installation of remote control valves, quick couplers, or other valve assemblies. 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. Page 49 of 79 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 Landscape Architect. 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 Engineer and Landscape Architect 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. 10. 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 irrigation system is completed, perform a coverage test in the presence of the Landscape Architect, to determine if the water coverage for the planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviation from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate for field conditions. This test shall be accomplished before any groundcover or shrub material is planted. 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 Landscape Architect. 3.07 MAINTENANCE: A. The entire sprinkler irrigation system shall be under full automatic operation prior to any planting. a. The Contractor shall keep the irrigation system completely operational for the entire length of the Construction and Maintenance Phases or work. 3.08 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. Page 50 of 79 3.09 FINAL OBSERVATION PRIOR TO ACCEPTANCE: A. The Contractor shall operate each system in its entirety for the Landscape Architect at the time of final observation at the end of the Maintenance Phase. Any items deemed not acceptable by the Landscape Architect shall be reworked to the complete satisfaction of the Landscape Architect. e. The Contractor shall show evidence to the Landscape Architect that the Engineer has received all accessories, charts, record drawings and equipment as required before the final observation can occur. 3.10 OBSERVATION SCHEDULE: A. The Contractor shall be responsible for notifying the Engineer in advance for the following observations, according to the following time schedule. The number of site visits may vary with the contract between the Landscape Architect and the Engineer. The Contractor shall be familiar with the number and type of irrigation observations necessary prior to work. Typical observations may consist of , but not be limited to the following: 1. Pre -job conference 7 days 2. Pressure supply line installation and testing 48 hours 3. Lateral line and sprinkler installation 48 hours 4. Coverage / Performance test 48 hours 5. Observation to begin Maintenance Phase 7 days 6. Final observation at the end of the Maintenance Phase 7 days -End- SECTION 02900 LANDSCAPE PLANTING PART 1 -GENERAL 1.04 SCOPE OF WORK A. Landscape planting work includes, but is not limited to, operations and furnishing of all labor, materials, tools and equipment necessary to Page 51 of 79 complete all soil preparation, fine grading, weed control, erosion control, planting, watering, plant establishment and incidental work which may be required to complete "Landscape Planting" and as shown on the drawings and as described hereinafter. B. Related Work Specified in Other Sections: 1. Landscape Irrigation 2. Landscape Maintenance 1.05 QUALITY ASSURANCE AND REQUIREMENTS a. Permits and Fees: At the time of the award and until completion of work, the Contractor shall possess a California Contractor's "A" and "C-27" license. At the time of the award and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of the project location. The Contractor shall obtain and pay for all permits and all inspections as required. B. 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. C. 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. o. Contractor Responsibilities: Page 52 of 79 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. The Contractor shall assume responsibility for damage to existing construction and shall restore damaged property to the original condition to the satisfaction of the Engineer. 3. Immediately notify the Landscape Architect in case of discrepancies with these plans. 4. 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 fully resolving such discrepancies, the Contractor shall be fully responsible for removing, restocking and re -installation of such areas until all discrepancies are resolved to the Engineer's satisfaction. E. Source Quality Control: Submittal of pictures shall not be considered as a final inspection of plant material. Final acceptance or rejection of plant material shall only be considered on-site with the actual plant material being observed. 1.06 SUBMITTALS a. The following submittals will be required: 1. Work Schedule if requested by Engineer on Contractor's letterhead or another format required by Engineer. 2. Materials List noting product name and supplier on Contractor's letterhead. Cut sheets may be included as backup to the listing. 3. Plant Materials List on Contractor's letterhead denoting supplier and including photographs of each plant material including both trees and shrubs. List trees with caliper, height, and spread. Shrubs with height and spread. Samples of each soil amendment (1 -quart minimum) with laboratory analysis. Guarantees, Warranties, and written certifications on Contractor's letterhead submitted to the Engineer. 6. Certificate of Inspection of plant material by State or Federal Page 53 of 79 Authority shall be presented if requested to the Engineer. 7. Submittals shall be provided within ten working days from the time of award of contract. 8. Import soils testing. 1.07 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. 2. Deliver all plants with legible identification labels for easy identification. a. Label trees, evergreens, bundles of containers of like shrubs, or groundcover plants. Place plants in lots of similar material, spread apart for ease of viewing individual plants prior to the observation. Contractor shall leave enough room around lots and individual plants for ease of viewing and movement between lots for observation. a. 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 Landscape Architect forty eight (48) hours in advance of delivery of all plant materials and shall submit an itemized list of the plants. 5. The Engineer shall have sole discretion regarding acceptability of plant material. a. 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. 1.08 JOB CONDITIONS Page 54 of 79 A. Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted industry practice. 1.09 SITE SAFETY A. Erect and maintain barricades, warning signs, lights and/or guards as necessary or required to protect all persons on the site. t3. The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during the 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. c. The right of the Landscape Architect to conduct construction review or observation of the Contractor's performance shall not include review or observations of the adequacy of the Contractor's safety measures in, on or near the construction site. 1.10 SAMPLES AND TESTS A. The Engineer reserves the right to take and analyze samples of materials for conformity to specifications at any time. Rejected materials shall be immediately removed from the site at the Contractor's own expense. The cost of testing of materials not meeting specifications shall be paid by the Contractor. Refer to the soil laboratory analysis and report within these specifications. 1.11 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 for trees, and ninety (90) days for shrubs, vines and groundcovers from the effective date of completion of the Maintenance Phase of the project as established by the Engineer. Any plant found to be dead or in poor condition due to faulty materials or workmanship, as determined by the Landscape Architect, shall be replaced by the Contractor at his expense. Material to be replaced within this guarantee period shall be replaced by the Contractor within seven (7) days of written notification by the Engineer. e. Any materials found to be dead, missing or in poor condition during the Maintenance Period shall be replaced immediately. The Landscape Architect shall be the sole judge as to the condition of the material. A written guarantee shall be submitted at the completion of the Maintenance Phase showing the date of final acceptance by the Engineer Page 55 of 79 and the date of the end of the guarantee period, or periods for phased work, for shrubs and trees. D. The guarantee periods shall not be extended for any individual shrub or tree, or groups, replaced at any time during the guarantee period. The guarantee for all project shrubs and trees shall end at the stated guarantee time lengths as bid and agreed upon, even if shrubs or trees planted during that time have a reduced guarantee period. 1.12 OBSERVATIONS: A. All observations are to be initiated by the Engineer. The Contractor shall request observations at least to the times noted below for each observation required. B. Observation will be required for the following parts of the work: 1. Pre -job conference: 72 hrs. 2. Review of plant material at nurseries or field locations: 7 day notice. 3. Soil amendments and/or delivery of plant material: 72 hours. 4. Layout of plant material prior to excavating planting pits: 72 hours. 5. In progress planting: 72 hours. 6. Final walk-through for completion of improvements: 7 days notice. 7. Final walk-through for acceptance: 7 days notice. PART 2 — PRODUCTS 2.01 MATERIALS A. 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 Engineer with a sample of all supplied materials accompanied by analytical data from an approved agronomic laboratory source illustrating compliance or bearing the manufacturer's guaranteed analysis upon request. B. Amendments all planting areas: 1. Nitrogen fortified organic amendment Page 56 of 79 C. Amendments at sample location #1: Per import soils recommendations D. Amendments at sample location #2: Turf Supreme (16-6-8) 2. Triple superphosphate (0-45-0) E. Amendments at sample location #3: Turf Supreme (16-6-8) F. Amendments at sample location #4: Per import soils recommendations G. Import Top Soil: Topsoil shall consist of a natural, fertile, friable, sandy loam soil possessing the characteristics of representative soils in the vicinity which produce heavy growth of crops, grasses, or other vegetation and shall be obtained from natural well drained areas. Before shipping, the surface at the source of supply is to be stripped to a depth of two inches to remove weed seeds, roots, etc. For bidding purposes, imported topsoil shall consist of either fine sand or loamy sand textured soil meeting the following specifications: Silt plus clay content of the 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 millimhos/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. This specification applies to import soil to be used for top soil and backfill purposes. To insure conformance, samples of the import soil shall be submitted to Waypoint Analytical (714) 282-8777, soil laboratory for analysis prior to shipping. Reference Lab No: 17-283- 0012, October 20, 2017 (Median samples #1 and #4) for original soil sample analysis. The Contractor at his own expense, shall obtain soil samples from his intended top soil source and have a soil analysis performed to ensure conformity with the soil laboratory's specifications. Topsoil shall not be delivered to the Page 57 of 79 work site prior to approval by the Engineer. Any delay caused by the failure of soil tests to meet these specifications shall be the sole responsibility of the Contractor. All import soil shall be approved by the soils laboratory prior to shipping. Soils not meeting soil laboratory requirements shall be rejected at the Contractor's own cost. All import soil shall receive a new agronomic soils test for soil suitability and nutrient levels with amendment and fertilization recommendations. 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 Engineer with the proposed source or sources of topsoil to be used at least fifteen (15) working days prior to delivery. Plant Material: Plant material shall be obtained from one source nursery if possible to avoid alternative varieties and/or species of plants, and plants that may have been grown under non -similar conditions with non - similar materials and/or non -similar care. 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 Landscape Architect reserves the right to reject the entire lot or lots of plants represented by the defective samples. The Engineer is the final judge of acceptability. Any plants rendered unsuitable for planting because of this inspection will be considered as samples and will be provided at the expense of the Page 58 of 79 Contractor. 3. The size of the plants will correspond with that normally expected for species and variety of commercially available nursery stock or as specified in the drawings. The minimum acceptable size of all plants, measured before pruning with the branches in normal position, shall conform to the measurements, specified on the drawings. Plants larger in container size than specified may be used with the approval of the Landscape Architect. 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. 4. 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 Landscape Architect. 5. Pruning: a. At no time shall trees or plant materials be pruned, trimmed or topped prior to delivery. Any alteration of their shape shall be conducted only with the approval and when in the presence of the Landscape Architect. 6. 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). 7. 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. Page 59 of 79 8. Substitute plant material will not be permitted without specific written approval by the Engineer. Tree Staking Material: Stakes for Tree Support: a. Wood Stakes Stakes shall be straight grained lodgepole pine. Stakes shall be free from knots, checks, splits, bends, or disfigurements. Minimum nominal size for 15 gallon and 24" box trees shall be 2" in diameter x 10' and/or 12' long, pointed at one end. Minimum size for 36" box and larger shall be 3" diameter x 12' and/or 14' long, pointed at one end. Adjust to fit tree size. Treat all stakes with copper naphthanate. Tree supports shall be rubber "Cinch -Tie" tree ties available at V.I.T. products, (800) 729-1314, allowing limited trunk movement. 3. Guying Materials: a. Duckbill Tree Support Kits including Duckbill anchors, wire rope (attached to anchor), tree collars, and wire rope clamps. b. Install Model 40 DTS Kit for trees up to 3 inch caliper, Model 68 DTS Kit for trees up to 6 inch caliper and Model 88 DTS Kit for trees up to 11 inch caliper. c. Install per manufacturer's specifications and recommendations. d. Install three (3) guy wires per tree unless over 11" caliper. Trees over 11" caliper shall have the number of anchors determined by a certified Arborist. Wires shall be be highly visable white vinyl coated wire rope in traffic areas, and galvanized steel in non -traffic areas. Verify type of wire with Engineer prior to installation. e. Foresight Products, Commerce City, CO, (800) 325-5360. Mulch Cover: All shrub planting areas other than slopes over 4:1 shall receive a surface layer of nitrogen fortified shredded tree and plant material mulch. The mulch shall consist of "Forest Floor 0'-4"" mulch as Page 60 of 79 manufactured by Aguinaga Fertilizer Company, Irvine, California, (949) 786-9558. Provide depth of 2" minimum over finish grade in general planting areas, and 1" depth within watering berm around plant base. No bare earth shall be showing through mulch cover. Curbs, walks, or other paving shall be located 1" over the top of the mulch cover. Move mulch away from the tree or shrub root crown to prevent constant moisture at the base of the tree or shrub. K. Root Barriers: Use linear type 24" minimum deep root barriers for trees at edges of any paving as referenced on plan and install per manufacturers recommendations and per Planting Plans. Absolutely no circular or barrier placement is to be at the root ball. All root barriers shall be placed adjacent to hardscape as per manufacturers specifications. L. Miscellaneous Materials: 1. Sand: a. Washed plaster sand or equivalent having no weeds, debris or chemicals to inhibit plant growth. 2. Herbicides: a. Pre -emergent herbicide: Ronstar or equivalent b. Post -emergent herbicide: Round -up or equivalent PART 3 — EXECUTION 3.01 INSPECTION A. Verify that final grades have been established prior to beginning planting operations. e. 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 INSTALLATION A. Preparation of Planting Beds 1. At the completion of the demolition, clearing and grubbing work, the areas to receive top soil and/or soil conditioners shall be deep ripped to a depth of at least nine (9") inches. Amendments at the Page 61 of 79 following rates shall then be rototilled into the top six (6") inches in a homogeneous manner. Care shall be given to existing palm tree roots that they not be damaged during this work. The surface of the soil shall then be brought to a smooth, uniform surface free of ruts, furrows and other irregularities to the Engineer's satisfaction. Swales, ponds and mounds shall be removed. Planting Bed Amendments and rates: (Refer to Planting Plans for sample locations). Note: Rates and fertilizers may have to be adjusted depending on analysis of selected compost if selected for amendment. Provide any compost to the soils laboratory for analysis and recommendations. Area of Sample #1: Area to receive import soil, refer to these specifications and plans. Area of Sample #2: Nitrogen fortified organic amendment, (compost, redwood or fir sawdust): 4 cu. yds. per 1,000 sq. ft. Turf Supreme ((16-6-8) 10 lbs. per 1,000 sq. ft. Triple superphosphate (0-45-0): 3 lbs. per 1,000 sq. ft. Area of Sample #3: Nitrogen fortified organic amendment, (compost, redwood or fir sawdust): 4 cu. yds. per 1,000 sq. ft. Turf Supreme (16-6-8) 10 lbs. per 1,000 sq. ft. Area of Sample #4: Area to receive import soil, refer to these specifications and plans. All soil areas shall be compacted and settled by application of heavy irrigation to a minimum depth of twelve (12) inches. Page 62 of 79 e. 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. Eliminate all erosion scars. C. At time of planting, the top two (2) inches of all areas to be planted or seeded shall be free of stones, stumps, or other deleterious matter one (1) inch in diameter or larger, and shall be free from all wire, plaster, or similar objects that would be a hindrance to planting or maintenance. d. Rake surface to a smooth finish surface. C. Dispose of Excess Soil: 1. Dispose of unacceptable or unused excess soil off-site in a manner consistent with local codes. D. Maintenance of Final Grades: 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 Engineer's satisfaction. Any slope soil run-off onto adjacent paving areas, concrete swales or streets 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 Landscape Architect. 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 Page 63 of 79 immediately after removal from the containers. Containers shall not be opened prior to placing the plants in the planting area. e. Weed Control: 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. 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. c. Lay -out of Major Plantings: Once finish grade is established, and irrigation installed, the Contractor shall place all shrubs and trees on the ground in their original containers in the locations and in the quantities as shown on plan. These locations shall be approved by the Landscape Architect. Failure to get approval prior to installation may result in the post -planting changing of locations, plant facing direction, or the addition or deletion of new plant material to achieve the desired visual effect at the Contractor's cost. 2. Do not begin any excavation until plant locations and plant beds are acceptable to the Engineer. o. Excavation for Planting: Pits and Trenches: a. Dig vertical sides and flat bottom on all pits and trenches. b. Plant pits shall be square for box material, and circular for container material. C. All plant pits for shrubs shall be dug twice the diameter and the depth of the root ball, allowing for the root crown to be approximately 1/2 inch to 1 inch above finish grade. Page 64 of 79 d. Refer to plans for the size of tree and shrub plant pits. E. Tree and Shrub Backfill a. Backfill shall consist of native soil only per soils laboratory report in sample areas #2, #3 and #4. Backfill in sample area #1 shall include uniformly blended calcium carbonate lime at 2 lbs. per cubic yard of backfill. Install only plant tab fertilizer as denoted in these specifications. F. Planting of Trees and Shrubs: 1. Excavation for planting shall include the stripping and stacking of all acceptable topsoil encountered within the areas to be excavated for trenches, tree holes, plant pits and planting beds. 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. Planting tablets shall be set with each plant on the top of the root ball while the plants are still in their containers so the required number of tablets to be used in each hole can be easily verified. Install the number of planting tablets per manufacturer's recommendations. 6. 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 of damage to the root ball e. After removing the plant, superficially cut edge -roots with a knife on three sides 7. Box removal: Page 65 of 79 a. Remove bottoms of plant boxes before planting b. Remove sides of box without damage to root ball after positioning plant and partially backfilling 8. Center plant in pit or trench. 9. Face plants with fullest growth into prevailing wind, unless other wise directed by the Landscape Architect 10. Set plants plumb allowing root crown to extend 1" above surrounding finish grade and hold rigidly in position until soil has been tamped firmly around base of the root ball. 11. All plants which settle deeper than 1" above finish grade shall be raised to the correct level. After the plant has been properly placed, backfill shall be added to the hole to cover approximately one-half of the height of the root ball or per soils laboratory recommendations if available. At this stage, water shall be added to the top of the partly filled hole to thoroughly saturate the root ball and adjacent soil. 12. After the water has completely drained, planting tablets shall be placed as indicated on the product labels. 13. Backfill the remainder of the hole per the soils laboratory recommendations. 14. Hand backfill and hand tamp leaving a slight depression around bases of plants, and leaving the root crown 1" above finish grade. In no way shall the root crown be installed below surrounding finish grade. 15. Once finish grade has been established, an earthen basin shall be constructed around the plant using amended soil if amendments have been specified in the backfill mix. The basins shall be of a sufficient depth to hold 2" depth of water for shrubs and 4" depth of water for trees. 16. Earthen basins shall be constructed around plants as follows. Shrub basins may encroach into tree basins, but all basins must meet the following sizes. a. One -gallon plants - min. 1' diameter Five -gallon plants — min. 1'-6" diameter c. Twenty four inch (24") box — min. 4' diameter Page 66 of 79 d. Thirty six inch (36") box — min. 6' diameter e. Palms - refer to arborist's recommendations 17. Pruning: a. Pruning shall be limited to the minimum necessary to remove injured twigs and branches and to compensate for loss of roots during transplanting, but never to exceed one- third of the branching structure. 18. Staking and Guying: a. Staking of all trees shall conform to tree staking and tree guying details. b. One tree of each size shall be staked and approved by the Engineer prior to continued staking. 3.03 FERTILIZATION A. Contractor shall fertilize all planting areas as denoted in the agronomic soils laboratory report for the Establishment period and for on-going Maintenance. 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- SECTION 02970 Page 67 of 79 LANDSCAPE MAINTENANCE PART 1 —GENERAL 1.13 SCOPE OF WORK: A. Furnish all labor, materials, transportation, and services necessary to provide landscape maintenance to the project as described herein. B. Related Work Specified In Other Sections: 1. Landscape Irrigation 2. Landscape Planting 1.14 GENERAL MAINTENANCE: A. The length of the maintenance period shall be sixty (60) days for landscape establishment phase and thirty (30) days for the maintenance phase. B. 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. C. All hardscape shall be kept clear of debris from the maintenance operations, erosion run-off, irrigation water, or wind blown debris. Clean up of walks shall be the Contractor's responsibility. Street gutters shall be included within the debris/siltation removal program. �. The Contractor shall provide a general clean-up operation at least once a week 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 sidewalks, curbs, and hardscape throughout the project. H. All landscape areas shall be patrolled weekly by the Contractor to check Page 68 of 79 for vandalism damage, broken tree branches, rodents, insects, pests, and diseases. I. Water management: 1. Water only as required to allow penetration into the soil and avoid excess run-off. Once plant material is established, water only as needed to maintain healthy plant material. 2. Avoid water waste by setting controllers appropriately for the current season and weather. Soak and Cycle methods are preferred. Contractor shall be certain that "smart" controllers are properly set and connected to correct weather station signals. J. Avoid blocking the clear view of signs, illumination of light fixtures, the airflow out of vents and conflict with pedestrians and vehicles or their views. K. Safety of users shall be a prime goal of maintenance especially in regard to pruning of trees and trimming of ground covers away from walkways and/or structures. Maintain a minimum of eight (8) feet clearance below trees in walkway areas.. L. The Contractor, at his own expense, shall replace all plant material that has failed during the maintenance phase. 1.15 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. 1.16 SUBMITTALS: A. Submittals shall be provided within ten working days from the time of award of contract. B. The following submittals will be required: 1. Deliver to the Engineer a materials List noting product (generic) Page 69 of 79 name on Contractor's letterhead, supplier and contact information. Include fertilizer schedule. Product cut sheets may be included for backup to formal listing of materials on Contractor's letterhead. 1.17 MAINTENANCE PHASE: A. The Contractor shall continuously maintain all areas involved in this contract during the progress of the work and during the Maintenance Phase until final acceptance of the work by the Engineer. B. Improper maintenance or poor condition of any plantings as determined by the Landscape Architect, during or at the end of the scheduled maintenance period 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 Engineer. c. Projects will not be segmented into separate Maintenance Phases unless specific work phases are indicated with the contract documents. o. Any period of time the Contractor fails to adequately maintain plantings, replace unsuitable plants, perform weed control or other work, as determined by the Engineer, that time will not be credited to the plant maintenance period, and shall be added on the end of the Maintenance Phase. E. The Contractor's maintenance period shall be extended to the Engineer's satisfaction should the provisions within these plans and specifications not be fulfilled to the Engineer's satisfaction. See Section 2.09 for further information regarding Landscape Architect's responsibility with Notice of Substantial Compliance. 1.18 START OF MAINTENANCE PHASE: The Maintenance Phase shall not start until all elements of construction, planting, and irrigation for the entire project are complete. E. The Contractor shall request an observation to begin the 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 Engineer, a field notification shall be issued to the Contractor from the Engineer, to establish the effective beginning date of the Maintenance Phase. The Engineer has the ultimate authority in setting the beginning date for the Maintenance Phase. 1.19 GUARANTEE AND REPLACEMENT: A. All plant material installed under this contract shall be guaranteed against any and all poor, inadequate or inferior materials and/or workmanship for Page 70 of 79 a period of one year for trees and 90 days for shrubs. This guarantee shall begin from the date of final acceptance at the end of the Maintenance Phase as established by the Engineer. Any plant material found to be dead, missing or in poor condition as determined by the Engineer, shall be replaced by the Contractor at his expense. B. Any materials found to be dead, missing, or in poor condition as determined by the Engineer, shall be replaced. The Engineer 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 of written notification, not just prior to inspection. C. The installing Contractor and the on-going Maintenance Contractor shall walk the site at the end of the Maintenance Phase prior to turn -over of Maintenance to the on-going Maintenance Contractor. The on-going Maintenance Contractor shall document any and all on-going maintenance issues or concerns that he believes he may be liable for after the turn -over of maintenance responsibilities. This shall include any and all plant materials which appear to be dead, missing or in poor condition, and any irrigation equipment installation or materials that may appear suspect to malfunction during the guarantee period. This shall include all plants which were planted towards the end of the Maintenance Phase and which have not had the benefit of 90 day minimum growth. Documentation may include flagging, photographs, written report or combination of such. Only items noted as suspect by the on-going Maintenance Contractor and reviewed and agreed to by the installing Contractor and Engineer shall be covered during the guarantee period by the installing Contractor. In case of disagreement, the Engineer shall be the sole judge as to the determination of any suspect materials or installations. �. Plants installed near the end of the Guarantee period shall be guaranteed by the installing Contractor only until the final acceptance of the Guarantee period by the Engineer. 1.20 FINAL PROJECT SUBMITTALS: A. Prior to the date of the final inspection at the end of the Maintenance Phase, the Contractor shall acquire from the Landscape Architect 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 Engineer. Prior to the date of final inspection at the end of the Maintenance Phase, the Contractor shall deliver to the Engineer the "Landscape and Irrigation Guarantee" as required. All other submittals as incorporated in the Irrigation and Planting Specifications shall also be completed prior to the final acceptance by the Engineer. PART 2 — EXECUTION Page 71 of 79 2.01 MAINTENANCE: A. Maintenance shall conform to the following standards: All areas shall be kept free of debris and all planted areas shall be weeded and cultivated at intervals of not more than seven (7) days. Watering, mowing, rolling, edging, trimming, fertilization, spraying and pest control, as may be required, shall be included in the maintenance period. The Contractor shall be responsible for maintaining adequate protection of the entire project area. Damaged areas caused by erosion, tire damage, grafitti, pests or other damage as deemed by the Engineer shall be repaired at the Contractor's expense. All sidewalks, paved areas and other areas adjacent to the planting areas shall be cleaned of all debris, soil, or other materials at intervals of not more than seven (7) days. 2.02 TREE AND SHRUB CARE: A. Watering: 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: Trees: a. Prune trees to select and develop permanent scaffold branches that are smaller in diameter than the trunk or branch to which they are attached that have vertical spacing of from 18" to 48" and radial orientation. Other pruning shall be performed to correct the following: so permanent scaffold branches do not overlay one another to eliminate diseased or damaged growth to eliminate narrow V-shaped branch forks that lack strength Page 72 of 79 4. to reduce toppling and wind damage by thinning out crowns 5. to maintain growth within space limitations 6. to maintain a natural appearance to balance crown with roots b. No stripping of lower branches, (raising up), of young trees be permitted unless trees are in conflict with walkways, driveways, views or care of building facilities. Lower branches shall be retained in a pinched back condition with as much foliage as possible to promote caliper trunk growth, (tapered trunk). Lower branches can be cut flush with the trunk only after the tree is able to stand erect without staking or other support. No stubbing of major branches will be accepted. c. Trees shall be thinned out and shaped when necessary to prevent wind and storm damage. The primary pruning of deciduous trees shall be done during the dormant season. Damaged trees or those that constitute health or safety problems shall be pruned at any time of the year as required. d. All tree pruning shall be done with hand equipment operated from the ground. If trees are larger than able to be pruned in such a manner, the condition will be brought to the attention of the Engineer. e. Remove no more than 50% of a plant's foliage during pruning operations. f. Lower branches on established street trees shall be pruned 8' up for pedestrian clearance and 12' up for vehicular clearance. g. Topping of trees will not be tolerated unless approved by the Engineer. 2. Shrubs: a. The objectives of shrub pruning are the same as for trees. 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. Page 73 of 79 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. c. Staking and Guying: Remove stakes and guys as soon as they are no longer needed. Stakes and guys are to be inspected to prevent girdling of trunks or branches and to prevent rubbing that causes bark abrasions. Trees found damaged shall be replaced at the Contractor's expense. �. Weed Control: Keep basins and areas between plants free of weeds. Use recommended legally approved pre -emergent and post -emergent herbicides and removal by hand methods. Avoid frequent soil cultivation that destroys shall roots. Use mulches to help prevent weed seed germination. Avoid post -emergent herbicides in groundcover areas where overspray may kill young rooted cuttings. Use of chemical spraying may be necessary to rid turf areas of noxious weeds. 3. Weed control is on-going and shall be consistently performed until the end of the Maintenance Phase. Just prior to the end of the Maintenance Phase, the Contractor shall perform a final weed spraying and removal through the entire project. Should the project meet "industry standard" as determined by the Landscape Architect at the end of the Maintenance Phase, the Engineer shall be responsible for weed control from that point forward. The weed control program shall be extended if the weed control program does not meet "industry standard" as determined by the Landscape Architect, until substantial compliance is determined by the Landscape Architect. E. Mulch Replace mulch in planting areas and basins to meet original requirements of details and specifications. Replacement mulch shall be considered a part of the maintenance and provided and installed at the cost of the contractor's maintenance program. F. Insect Control: Maintain a reasonable control with approved materials and Page 74 of 79 methods that are legally accepted in the area. Obtain approval of materials and methods from the Engineer prior to work. G. Disease and Pest Control: The Contractor shall be responsible to control all diseases and pests during the Maintenance Phase. All disease and pest control materials and methods shall be at the direction of a licensed pest control operator. The Engineer shall be made aware of all methods and materials to be used for disease and pest control. The Contractor shall implement the control measures exercising extreme caution in using pesticides and taking all necessary steps to ensure the safety of the public. Fertilization: No fertilization is required during the first 30 days after planting. At approximately 60 days after planting uniformly broadcast sulfur coated urea at the rate of 5 lbs. per 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. For on-going fertilization schedule, refer to the soils laboratory report at the end of these specifications. 2.03 MULCH a. Maintain original mulch depth by providing and installing approved project mulch in all specified planting areas on a regular basis and at the end of the Maintenance Period. 2.04 IRRIGATION SYSTEM k The Contractor shall check all systems for proper operation a minimum of once a month. B. Conventional overhead systems shall be flushed out after removing the last sprinkler head at each end of the lateral at 30 day intervals. All conventional heads are to be adjusted as necessary for 100%, head-to- head coverage. C. Set and program automatic controllers for ET input or for seasonal water requirements. D. Repair all damage 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 75 of 79 E. Replace irrigation equipment with same type and size as originally designed. Replacements by other manufacturers are not acceptable unless no longer available. All substitutions shall be approved prior to installation by the Engineer. 2.05 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. e. All plant material shall have new growth trimmed neatly, turf shall be mowed, and all hardscape shall be cleaned prior to final acceptance. C. Should the project meet substantial compliance to the plans and specifications in the Landscape Architect's opinion, the Landscape Architect shall provide a notice of substantial compliance to the Engineer. This notice will be sent after the final site visit at the end of the Maintenance Phase. This notice will indicate that the intent of the plans and specifications has been fulfilled to "industry standard" in the opinion of the Landscape Architect. Industry standard is being defined herein as work that has reached a normal or reasonable point of completion normally expected and consistent with that degree of care and skill ordinarily exercised by contractors under similar circumstances within the local region. This will relieve the landscape architect from any and all further work relative to this project. Should substantial compliance not be met, a punch list of sub -standard items not meeting "industry standard" in the opinion of the Landscape Architect shall be generated and sent to the Engineer. These items will need to be addressed and completed prior to the final letter of substantial compliance being sent. o. Upon final acceptance of the project by the Engineer, a date shall be agreed upon and set in writing verifying the final date of the ninety (90) day shrub and one (1) year tree guarantee periods. E. Any on-going conflicts which may exist between the Contractor and the Engineer regarding maintenance issues may be resolved per further agreement extensions, new agreements, or other legal means available outside this contract. -END- Page 76 of 79 Waypoint' ANALYTICAL Anaheim Office Lab No: 17-283-0012 October 20, 2017 Kobzeff & Associates Landscape Architechture 22792 Center Drive Suite 107 Lake Forest, CA 92630 PROJECT: WEST PACIFIC COAST HIGHWAY PROJECT -NEWPORT BEACH, CA Attached are the results of the analysis performed on four soil samples that were collected from the above mentioned project site by the client and received by our laboratory on October 10, 2017. These samples were analyzed for nutrient levels and soil suitability in preparation for a landscape renovation. Analytical Results: Salinity (ECe) is elevated in Sample 1 and 4 from 4.1 dS/m to 4.8 dS/m which could restrict the growth of salt sensitive plants. Salinity is safe in Sample 2 and 3. Soluble sodium is safe and properly balanced by calcium and magnesium in all samples, as indicated by the low sodium adsorption ratio (SAR) values. Boron is slightly elevated at 1.43 ppm in Sample 1 and elevated in Sample 4 at 2.57 ppm which could restrict the growth of a boron sensitive plants. Boron is safe and sufficient to meet plant nutritional requirements for that element in the remaining samples. The reaction of the soil is moderately acidic at 5.2 in Sample 1 which is lower than preferred by most plants. Incorporating lime will move the pH upwards towards the preferred slightly acidic range. The soil ranges from moderately acidic (6.0) to slightly alkaline in the remaining samples which is in the preferred range and no pH adjustment is recommended. Qualitative lime is favorably absent. Nitrogen is low in Sample 2 and Sample 3. Nitrogen is optimum in Sample 1 and abundant in Sample 4. Phosphorus is well supplied in Sample 1 and Sample 4. Phosphorus is low in Sample 2 and low optimum Sample 3. Phosphorus is low optimum in the West and the Field Side while very low elsewhere. Potassium is low optimum in S.T. Side and optimum elsewhere. Calcium is optimum in all samples. Magnesium is below optimum in Sample 2 and 3 while sufficient elsewhere. Manganese is abundant in Sample 1 and 4 while low elsewhere. Copper is abundant in Sample 1 and 4. Zinc is well supplied in Sample 1. Zinc is optimum in Sample 2 and 3 while very low in Sample 4. Iron is low optimum in Sample 1 and 4 while low in the remaining samples. Comments The primary concern is the elevated boron and salinity in Sample 1 and 4. Proper plant selection will be an important factor in establishing a successful landscape if these conditions are truly representative. It is recommended to submit additional samples to test for boron to determine if the levels in Sample 1 and 4 are representative of the areas. A sample at 2-12" and 12-24" will determine if the boron will be an issue for the sensitive trees such as Gape Myrtle and Arbutus unedo. If the levels are representative, use plants tolerant of these conditions such as Phoenix dactylifera. Removal of boron by leaching is about three times as difficult as for other salts. We recommend the first several irrigations should be especially thorough to try to accomplish some leaching prior to planting. Irrigations should begin after the incorporation of the organic amendment and prior to the incorporation of any pre -plant fertilizer. The soil should be allowed to dry moderately between thorough irrigations to avoid overly wet conditions for an extended period. 4741 East Hunter Ave., Ste. A Anaheim CA 92807 (714) 282-8777 0 (714) 282-8575 fax www.waypointanalytical.com Page I of 7 Waypoint, ANALYTICAL Recommendations Surface Soil Preparation for Turf. Groundcover and Mass Planting If feasible, prior to amending the areas where severe compaction exists, the surface soil should be ripped or tilled to a 9 - inch depth. Uniformly broadcast and blend the following with existing soil to a 6 -inch depth. Materials Nitrogen fortified organic amendment (compost* or redwood or fir sawdust) Lime (calcium carbonate) Turf Supreme (16-6-8) Triple superphosphate (0-45-0) Amount per 1000 sq.ft. Location 4 cu. Yards All locations 25 lbs. Sample 1 10 lbs. Sample 2 & 3 3 lbs. Sample 2 *Rates and fertilizers may have to be adjusted depending on analysis of selected compost Tree and Shrub Planting Guidelines 1. Excavate planting pits at least twice the diameter of the rootball. 2. The top of the rootball should be at or slightly above final grade. 3. To improve soil chemistry, uniformly blend 2 lbs. of calcium carbonate lime per cubic yard of backfill soil in the Sample 1 location. 4. Organic material is not required in the backfill; however if you wish, the amended surface soil or a soil blend consisting of no more than 20% by volume organic matter can be placed in the upper 12 inches of backfill only. Soil below this depth should not contain any added organic matter because of the threat of plant disease and/or anaerobic soil conditions developing. 5. Place slow release fertilizer tablets in the upper 12 inches of backfill at manufacturer's recommended rates. If fertilizer amended soil is used as a backfill the addition of slow release fertilizer tablets is not necessary. 6. Do not cover the original rootball with other soil. Ideally, a temporary soil berm is often constructed around the outer edge of the rootball to help channel water into the rootball and then into surrounding soil until roots are established in the backfill and the rootball is no longer the sole source of water for the plant. 7. Ideally, a weed and turf free zone, preferably 2-3 ft. in diameter, should be maintained just beyond the diameter of the planting hole. A 2-4 inch deep layer of coarse mulch can be placed around the tree or shrub; mulch should be kept a minimum 4-6 inches from the trunk. 4741 East Hunter Ave., Ste. A Anaheim CA 92807 (714) 282-8777 G (714) 282-8575 fax www.waypointanalytical.com Page 2 of 7 (20) Wa ®int.: ANALYTICAL Maintenance Fertilization Fertilizers are not required in the maintenance program within the first 30 days after planting. Uniformly broadcast sulfur coated urea at the rate of 5 lbs. per 1000 sq. ft. The first application should occur approximately 60 days after planting, with repeat applications every 60-90 days or as growth and color dictate. In early fall and spring, substitute a complete fertilizer such as 16-6-8, or equal, for the sulfur coated urea at the rate of 6 lbs. per 1000 sq. ft. to ensure continuing supplies of phosphorus and potassium. Tree and shrub plantings can be maintained with the above fertilizers; however, the frequency between applications should be every 120 days, with the first application 90 days after planting. Follow each fertilization with a thorough irrigation. When plants have become well established, fertilizer applications can be less frequent. As noted above, iron and manganese are below optimum. When these nutrients are low, especially in an alkaline soil, deficiencies can sometimes show in the plants. If deficiencies show once plants have become established, they may be addressed upon the first sign of deficiency. Symptoms of manganese deficiency may be seen as a general loss of color in the young leaves, followed by yellowing between veins and brownish -black spots appearing. Iron deficiency symptoms are often characterized by yellow, almost white, interveinal chlorosis on the youngest growth. If these symptoms are apparent once plants are established, then application of iron and/or manganese chelate at the manufacturer's label rate may improve appearance. Chelates are generally more effective on alkaline soils than some of the other forms of trace elements. These can be applied either foliar or soil applied at manufacturer's rates if deficiencies begin to show. If we can be of any further assistance, please feel free to contact us. Joe Kiefer 4741 East Hunter Ave., Ste. A Anaheim CA 92807 (714)282-8777 0 (714)282-8575fax www.waypointanalytical.com Page 3 of 7 4741 East Hunter Ave. Suite A Waypoint Anaheim, 28 92807 Main 714-282-8777 0Fax 714-282-8575 ANALYTICAL www.waypointanalytical.com SOIL ANALYSIS Send To: Project : Report No : 17.283.0012 Kobzeff & Associates Landscape Architechure West Pacific Coast Highway Project Cust No: 09618 22792 Center Drive Newport Beach, CA Date Printed: 10/16/2017 Suite 107 Date Received : 10/10/2017 Lake Forest, CA 92630 Page: 1 of 4 Lab Number : 11300 Sample Id : Sample 1 SATURATION EXTRACT - PLANT SUITABILITY r Test Effect on Plant Growth Result Sensitive Crops Many Clops'^'., Restricted Restricted Salinity (ECe) 4.1 dS/m ' Sodium Adsorption 171 Ratio (SAR)' Boron (B) 1.43 ppm 92i Sodium (Na) 8.3 meq/L S, Chloride (Cl) Carbonate (003) Bicarbonate (HCO3) Fluoride (F) Structure and water infiltration of mineral soils potentially adversely affected at SAR values higher than 6. EXTRACTABLE NUTRIENTS Cu, Zn, Mn and Fe were analyzed by DTPA extract. PARTICLE SIZE ANALYSIS Graphical interpretation is a general guide. Optimum levels will vary by crop and objectives. Page 4 of 7 4741 East Hunter Ave. Suite A Waypoint. Anaheim, CA 92807 -8575 Main 714-252-8777 °Fax 714-282-8575 ANALYTICAL www.waypointanalytical.com SOIL ANALYSIS Send To:Project : Report No: 17-283.0012 Kobzeff & Associates Landscape Architechure West Pacific Coast Highway Project Cust No : 09618 22792 Center Drive Newport Beach, CA Date Printed : 10/16/2017 Suite 107 Phosphorus(P) - Olsen 7 ppm 0.4 Date Received : 10/10/2017 Lake Forest, CA 92630 Ratio (SAR)' Page : 2 of 4 Magnesium (Mg) 66 ppm 0.7 Magnesium -sat. ext. 1.3 meq/L Lab Number: 11301 Sample Id: Sample 2 SATURATION EXTRACT - PLANT SUITABILITY Effect on Plant Growth Test Result - Sensitive Crops M Restricted R` Result Sufficiency FactorLow SOIL TEST RAnNGS Medium Oplimarp` Salinity(ECe) 0.6 dS/m Available -N 15 ppm 0.5 �' _ Y; j '1134 - Sodium Adsorption 0.39 7 ppm 8 ppm 39 meq/kg Phosphorus(P) - Olsen 7 ppm 0.4 Potassium (K) 104 ppm 1.3 Potassium - sat. ext. 0.4 meq/L Ratio (SAR)' Calcium - sal. ext. 4.3 meq/L Magnesium (Mg) 66 ppm 0.7 Magnesium -sat. ext. 1.3 meq/L Copper (Cu) 0.8 ppm 1.5 Boron (B) 0.31 ppm '1067 Manganese (Mn) 1 ppm 0.2 _ I J Iron (Fe) 4 ppm 0.2 Sodium (Na) 0.7 meq/1- eq/LChloride Sulfate - sat. ext. 3.1 meq/L 1.0 Exch Aluminum Chloride(Cl) Carbonate (003) Bicarbonate (HCO3) Fluoride (F) Structure and water infiltration of mineral soils potentially adversely affected at SAR values higher than 6. EXTRACTABLE NUTRIENTS Test Result Sufficiency FactorLow SOIL TEST RAnNGS Medium Oplimarp` V Available -N 15 ppm 0.5 �' _ Y; j '1134 - 7 ppm 8 ppm 39 meq/kg Phosphorus(P) - Olsen 7 ppm 0.4 Potassium (K) 104 ppm 1.3 Potassium - sat. ext. 0.4 meq/L Calcium (Ca) 642 ppm 1.0 Calcium - sal. ext. 4.3 meq/L Magnesium (Mg) 66 ppm 0.7 Magnesium -sat. ext. 1.3 meq/L Copper (Cu) 0.8 ppm 1.5 Zinc (Zn) 3 ppm 1.4 '1067 Manganese (Mn) 1 ppm 0.2 _ I J Iron (Fe) 4 ppm 0.2 Boron (B) - sat. ext. 0.31 ppm 1.0 Sulfate - sat. ext. 3.1 meq/L 1.0 Exch Aluminum Cu, Zn, Mn and Fe were analyzed by DTPA extract. PARTICLE SIZE ANALYSIS Graphical interpretation is a general guide. Optimum levels will vary by crop and objectives. Page 5 of 7 4741 East Hunter Ave. Suite A Waypoint. Anaheim,28 -8575 Maln 714-282-8777 0Fax 714-282-8575 ANALYTICAL www.waypointanalytical.com SOIL ANALYSIS Send To: I Project : Report No : 17-283-0012 Kobzeff & Associates Landscape Architechure West Pacific Coast Highway Project Cust No: 09618 22792 Center Drive Newport Beach, CA Date Printed : 10/16/2017 Suite 107 Potassium - sat. ext. 0.2 meq/L Date Received : 10/10/2017 Lake Forest, CA 92630 Magnesium (Mg) 57 ppm 0.6 Page: 3 of 4 Copper (Cu) 1.0 ppm 1.8 Zinc (Zn) 5 ppm 2.4 Lab Number: 11302 Sample ld : Sample 3 SATURATION EXTRACT - PLANT SUITABILITY Structure and water infiltration of mineral soils potentially adversely affected at SAR values higher than 6. Test Available -N Result 20 ppm Sufficiency Factori1=,LGw 0.5 EXTRACTABLE NUTRIENTS SOIL TEST RATINGS Medium Optimum%, V H.. _ _� _ 567 il"W 15 42 ppm ppm meq/kg Phosphorus (P) - Olsen 16 ppm 0.7 Potassium (K) 72 ppm 0.7� Potassium - sat. ext. 0.2 meq/L Calcium (Ca) 700 ppm 1.0 Calcium - sat. ext. 2.7 meq/L Magnesium (Mg) 57 ppm 0.6 Magnesium -sal. ext. 0.7 meq/L Copper (Cu) 1.0 ppm 1.8 Zinc (Zn) 5 ppm 2.4 Manganese (Mn) 0 ppm Iron (Fe) 7 ppm 0.3 Borun(B)-set. ext. 0.26 ppm 0.9 Sulfate - sat. ext. 1.7 meq/L 0.6 Exch Aluminum Cu, Zn, Mn and Fe were analyzed by DTPA extract. PARTICLE SIZE ANALYSIS Graphical interpretation is a general guide. Optimum levels will vary by crop and objectives. Page 6 of 7 4741 East Hunter Ave. Suite A Waypoi n Anaheim, 92807 Main 714-282-8777 0Fax 714-2288 2-8575 ANALYTICAL www.waypointanalytical.com SOIL ANALYSIS Send To: Project : Report No : 17.283-0012 Kobzeff & Associates Landscape Architechure West Pacific Coast Highway Project Cust No: 09618 22792 Center Drive Newport Beach, CA Date Printed : 10/16/2017 Suite 107 Date Received : 10/10/2017 Lake Forest, CA 92630 Page: 4 of 4 Lab Number: 11303 Sample Id : Sample 4 SATURATION EXTRACT - PLANT SUITABILITY Structure and water infiltration of mineral soils potentially adversely affected at SAR values higher than 6. EXTRACTABLE NUTRIENTS Cu, Zn, Mn and Fe were analyzed by DTPA extract. V-1 it l M R=IW YA=0IF-MM11 Graphical interpretation is a general guide. Optimum levels will vary by crop and objectives. Page 1 of 7