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HomeMy WebLinkAboutC-8717-1 - Civic Center Dog Park RefurbishmentCITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039 FAx newportbeachca.gov December 13, 2023 Western State Builders, Inc. Attn: Julian Moen 2141 Orange Ave. Escondido, CA 92029 Subject: Civic Center Dog Park Refurbishment — C-8717-1 Dear Mr. Moen: On December 13, 2022, 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 December 14, 2022, Reference No. 2022000407999. The Surety for the contract is North American Specialty Insurance Company and the bond number is 2331256. Enclosed is the Faithful Performance Bond. Sincerely, Leilani I. rB' own, MMC City Clerk Enclosure PROJECT: CIVIC CENTER DOG PARK EXECUTED IN DUPLICATE REFURBISHMENT, CONTRACT NO. 8717-1 BOND NO. 2331256 EXHIBIT B PREMIUM: $4,616.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE CITY OF NEWPORT BEACH BOND NO. 2331256 FAITHFUL PERFORMANCE BOND PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE The premium charges on this Bond is $ 4,616.00 being at the rate of $ 25.00/$15.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Western State Builders, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of removing and disposing of existing improvements; furnishing and installing synthetic turf in designated areas; furnishing and installing shade structures; installing new water drinking fountains; installing new screen fence; painting of existing fencing, gates and signs; replacing uplifted sidewalk panels; removing and installing paving joint material at existing wall joints and walkways; and other incidental items to complete the work in place as required by the Contract Documents, 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 NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty One Thousand Thirty Six Dollars and 26/100 ($241,036.26) 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 Western State Builders, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed 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 17TH day of WESTERN STATE BUILDERS, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 777 SOUTH FIGUEROA STREET, SUITE 3700 LOS ANGELES, CA 90017 Address of Surety 800/338-0753 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3/?/PD M m C. Harp Attorney :a jignaturei I me DILLAVOU-MOEN, VICE PRESIDENT /1--, a c Authorized Agent Signature MARK D. IATAROLA, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Western State Builders, Inc. i` Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )38. On 20 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 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) Western State Builders, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 5 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 2/17/2022 before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(s) ofSigner(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(s) Is/are- subscribed to the within Instrument and acknowledged to me that he/ehefthey executed the same in his/*erklaeie authorized capacity(fes), and that by his/herAheh signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the Instrument. TRACY LYNN RODRIGUEZ �- COMM.02318838 SANDIEGOCOUNTY NOTARY PUBLIC-CALIFORNIA MY COMMISSION EXPIRES JANUARY 11, 2024� Place Notary Seal and/or Stamp 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 qcrof (Lot:a. Public 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual M Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association ber of Pages: Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: ❑ Attorney in Fact ❑ Guardian of Conservator CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 31189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of SAN DIEGO JY On 2'�Z�'��r'ZZ before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared who proved to me on the basis of satisfac ry vidence to be the person(p) whose name(s) is/armsubscribed to the within Instrument and acknowledged t me that he/she/they executed the same In his/„arm em authorized capacity(fes), and that by hisligejAhel signature(6) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument. „ IY TRACY LYNN ROMurz ,ry COMM.02318838 SANDIEGOCOUNTY NOTARY PUBLIC-CALIFORNII MY COMMISSION EXPIRES JANUARY11,2024 Place Notary Seal and/or Stamp 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 Ur 1 I V rlHL Signature of Notary Public 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JULIAN P. DILLAVOU-MOEN N Corporate Officer — Title(s): VICE PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: ❑ Attorney in Fact ❑ Guardian of Conservator SWISS RE CORPORATE SOL NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kapsas City, Missouri and Westport Insurance Corporation, or�anized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make constitu e and appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, JESSICA SCHMAL, and TRACY LYNN RODRIGUEZ JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Pact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 19, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surely, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seat shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." liCNAprw,y� )RPM..., ,d, uz Ry. $� Lntevntlonallnsnra.c. Company r� 9t.ven P. Anderson, Senior Vice Preddmtl of Waahhngtmn BEAD''• S &Stni.,Vie.Pr.ddentofNeratAmeden.9,ednit,InlaranmC.mpn., to &sem.r Viee PresMenl.f Westport lnsnrmme Corporation F;�t./nnS$Cn6,Seni.r ViCOPYCri(IClrt of WR,14ngt.nlnte... ti.n.1 I11911 r.nea C......rry & Seniar Vim President of North Americmt SPecinity Gnsnran.c Cmnpnny & Senior Viu P. "ident.f weslp.rl rns.rance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 12th day of November 120 21 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation - County of Cook ss: On this 12th day of November 20 21 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vl=President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Erik Janssens Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. - YASMIN A. PArEL ����L%2..w 4 FfIC IAL SEAL ' N.mrYPV9Qe. Soto of Illinnia My COmml.fil.n ExPlro6 M. ss, znts Yasmin A. Patel, Notary I, Jeffrey Goldber>;, the duly elected Senior Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in Pull force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 17th day of FEBRUARY 20 22 Jeffrey G.Idb.rg, Senior Vice Prradent & Assistant Secretary of W.shingt.n Intenmtional Ins ... nee Company & North American Sinseelty Insuraren Company & Vie -President & Assistant Secrmnry orwestpoit Insurance Corporation CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949-644-3005 1 949-644-3039FAx newportbeachca,gov February 21, 2023 Western State Builders, Inc. Attn: Julian Moen 2141 Orange Ave. Escondido, CA 92029 Subject: Civic Center Dog Park Refurbishment - C-8717-1 Dear Ms. Moen: On December 13, 2022, 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 December 14, 2022, Reference No. 2022000407999. The Surety for the bond is North American Specialty Insurance Company and the bond number is 2331256. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure PROJECT: CIVIC CENTER DOG PARK REFURBISHMENT, CONTRACT NO. 8717-1 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 2331256 LABOR AND MATERIALS PAYMENT BOND EXECUTED IN DUPLICATE BOND NO. 2331256 PREMIUM INCLUDED IN PERFORMANCE BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Western State Builders, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of removing and disposing of existing improvements; furnishing and installing synthetic turf in designated areas; furnishing and installing shade structures; installing new water drinking fountains; installing new screen fence; painting of existing fencing, gates and signs; replacing uplifted sidewalk panels; removing and installing paving joint material at existing wall joints and walkways; and other incidental items to complete the work in place as required by the Contract Documents, 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, NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty One Thousand Thirty Six Dollars and 26/100 ($241,036.26) 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. Western State Builders, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. 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 17TH day of FEBRUARY , 20 22 . WESTERN STATE BUILDERS, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 777 SOUTH FIGUEROA STREET, SUITE 3700 LOS ANGELES, CA 90017 Address of Surety 800/338-0753 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: 6S (Fb,) Xaton C. Harp 03QAI:L City Attorney A*1- th ized SignaturetTitle JUL P. DILLAVOU-MOEN, VICE PRESIDENT / /mil. O• Cilea/"UizB Authorized Agent Signature MARK D. IATAROLA, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Western State Builders, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ) ss. On 20 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 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Western State Builders, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 5 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who sig ned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. state of California 1 County of SAN DIEGO J? n 2/17/2022 Date before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA 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/shefthey executed the same in his/trefAheir authorized capacity(ies), and that by his/her/N+e'rr signature(s) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument. TRACY LYNN RODRIGUEZ COMM.1t2318838 y SANDIEGOCOUNTY D NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JAN UARY 11, 2024 Place Notary Seal and/or Stamp 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 Sign re o 6ta lic Ur IVNAL 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: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: ® Attorney in Fact ❑ Guardian of Conservator 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — El Partner — ❑ Limite ❑ Individual ❑ Trustee Title(s): _ I ❑ General ❑ Other: Signer is Representing: ❑ Attorney in Fact ❑ Guardian of Conservator CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of SAN DIEGO JT On IzD?2z before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared who proved to me on the basis of satis cto evidence to be the person(s) whose name( is/aresubscribed to the within instrument and acknowledge me that he/shehhey executed the same in his/herftHeiF authorized capacity(ies), and that by his/herltf+eir signature(e) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. TRACY LYNN RODRIGUEZ COMM. H 2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seat and/or Stamp 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 Sig ture No ublic PJJaL- 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: Document Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JULIAN P. DILLAVOU-MOEN * Corporate Officer — Title(s): VICE PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: SWISS RE CORPORATE NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THATNorth American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri qnd Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, JESSICA SCHMAL, and TRACY LYNN RODRIGUEZ JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION (S125,000,000,00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 110NAr ,. SIONA(�Noy' BY jAPO "ASG Rq N.y� Steven P. Anderson, Senior Vice President of \Vashington late rnetlonel Insurance Company 5`�LF':PPya &Senior Vice PresidentofNmth American Si Insurance Company .me & Senior Vice President of Westport Insurance Corporation '�[ T .._ __........ma Erik Janssens, Senior Vice ere:went of Washington tmernmional Insurance Company & senior Vice President of North American Specialty Insurance company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 12th day of November , 20 21 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook SS: On this 12th day of November , 20 211 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice Presiden! of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Erik Janssens Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. YASMIN � p "'IC. SEALEl v: �YG 0 N olary PUEli0.51ele ofOMnia My Cemm Trion El ILI, Mey11B, 1013 Yasmin A. Patel, Notary 1, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 17th day of FEBRUARY , 20 22 Jeffrey Goldberg, Senior Vice President & Assistant Secretary of Washington International Insurance Company & Nonh American Specialty Insurance Company & Vice President & Assistant Secretary of W eslport Insurance Corporation 12/14/22, 11.42AM Batch 15111275 Confirmation RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II IIIIIII1111111[111111EIIII IIIIIIIIII1111IIIIII11 IIIIJIIIIII NO FEE �$ R 0 0 1 4 1 0 9 9 8 3$ 202200040799911:28 am 12/14/22 90 CR-SC06 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 Govemment Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California, 92660, as Owner, and Western State Builders, Inc., Escondido, California, as Contractor, entered into a Contract on February 8, 2022. Said Contract set forth certain improvements, as follows: Civic Center Dog Park Refurbishment - C-8717-1 Work on said Contract was completed, and was found to be acceptable on December 13, 2022, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is North American Specialty Insurance Company. City of Newport VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on J/1M'/lN?/?/ at Newport Beach, California. City Clerk httpsr//gs.secure-recording.com/Batch/Confirmation/15111275 1 /3 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 Western State Builders, Inc., Escondido, California, as Contractor, entered into a Contract on February 8, 2022. Said Contract set forth certain improvements, as follows: Civic Center Dog Park Refurbishment - C-8717-1 Work on said Contract was completed, and was found to be acceptable on December 13, 2022, by the City Council. Title to said property is vested in the Owner and the Surety for said Contract is Norch American Specialty Insurance Company. BYf 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 UI/7/%/ at Newport Beach, California. BY 4 1A,llI/1/ CITY OF NEWPORT BEACH Clt? 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 12th day of January, 2022, at which time such bids shall be opened and read for CIVIC CENTER DOG PARK REFURBISHMENT PROJECT NO. 22P12 CONTRACT NO. 8717-1 $250,000 Engineer's Estimate pproved by James M. Houlihan puty PWD/City Engineer Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: http://www.planetbids.com/portal/portal.cfm?CompanyID=22078 Hard copy plans are available via Santa Ana Blue Print at (949)756-1001 Located at 2372 Morse Avenue, Irvine, CA 92614 Contractor License Classification(s) required for this project: "A" For further information, call Kathryne Cho, Project Manager at (949) 644-3014 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://newportbeachca.goy/government/open-trans _parent/or)line_serv_ices/bids- rfp_ s- vendor-reqistration City of Newport Beach CIVIC CENTER DOG PARK REFURBISHMENT PROJECT NO. 22P12 CONTRACT NO. 8717-1 TABLE OF CONTENTS NOTICEINVITING 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 CIVIC CENTER DOG PARK REFURBISHMENT PROJECT NO. 22P12 CONTRACT NO. 8717-1 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 Once in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted 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 ACKNOWLEDGEMENT (Line Items to be completed via Planet8ids) 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. 3. 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, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. 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. 7. 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 4100et 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: M 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 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 dernand 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 be revi ed. 106 Contractor's License No. & Classification Au horized Signature/Title 100003001 - 30 • oZZ I Zozz. DIR Registration Number & Expiration Date Date Ape. eon SAM -4- a;, WerS Tin c Bidder 5 City of Newport Beach CIVIC CENTER DOG PARK REFURBISHMENT PROJECT NO. 22P12 CONTRACT NO. 8717-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF GREATER AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of Civic Center Dog Park Refurbishment, Contract No. 8717-1 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 11TH day of JANUARY , 2022. WESTERN STATE BUILDERS, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 777 SOUTH FIGUEROA STREET, SUITE 3700 LOS ANGELES, CA 90017 Address of Surety 800/338-0753 Telephone Authorized Signature/Title JULIAN P. DILLAVOU-MOEN, VICE PRESIDENT ^'�0ja%�0,4, - Authorized Agent Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attaches) 191 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 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) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO / CFO / COO President / Vice -President / Secretary / Treasurer Other: Other Information: 7 (seal) Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. 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 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 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 �'j (seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 01/11/2022 Date personally appeared before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer 1ARK D. IATAROLA Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(-,) whose name(4 is/er-e­subscribed to the within instrument and acknowledged to me that he/fey executed the same in his/ re flFie+� authorized capacity(tes), and that by his/befA ietr signature(6) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TRACY LYNN RODRIGUEZ COMM. # 2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp 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 S at N blic 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 91 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 01/11/2022 Date personally appeared n before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer JULIAN P. DILLAVOU-MOEN Name(s) of Signer(s) who proved to me on thesi of satisfactory evidence to be the person(-,) whose name(-,) is/are subscribed to the within instrument and acknowledged to me that he/e4eA-ham executed the same in his/'nem authorized capacity(ies), and that by his/herAHei signature(s) on the instrument the person(-,), or the entity upon behalf of which the person(s) acted, executed the instrument. TRACY LYNN RODRIGUEZ COMM. # 2318838 ZSAN DIEGO COUNTY Q NOTARY PUBLIC-CALIFORNIAZ Q MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp 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 ap"UTA2 Sign re o ublic AI"ITIl 1 A I 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JULIAN P. DILLAVOU-MOEN DO Corporate Officer — Title(s): VICE PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri and Westport Insurance Corporation, or anized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, JESSICA SCHMAL, and TRACY LYNN RODRIGUEZ JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." s+`QE,�h„ p\\11111ulllllgll////p//G IALry,� p\six pJONAI "� uelasf S,oRPo TSG•., � ��oRPo.. iys By ........ f f .1C' • G �,•.� F , �, • • p R9�..ee % Steven P. Anderson, Senior Vice President of Washington International Insurance Company ,tv,." •• POS 9y�':a tC, 2.' S�L y & Senior Vice President of North American Specialty Insurance Company JYQ�'��"rQt+g me 5 O: %0 j & Senior Vice President of Westport Insurance Corporation s�'= Ste' `� •,� �x' 1973 r. s' ro \ is i .``1s• SH•P 'mar ���� y'�•yqy�; "•r,,,,,.*_u,s+°�igs,,,,,,,,,,,1\1µ\\a Erik Janssens, Senior Vice President of Washington International Insurance Company A & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 12th day of November 120 21 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 12th day of November 2021 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Erik Janssens Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the vnlnntary act anri rleerl nfthnir recnective cmmnnniec YASMIN A. PATEL OFFICIAL SEAL 10 Notary Public. State of Illinois My Commission Expires Mey 28, 2073 Yasmin A. Patel, Notary I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 11th day of J'''ANUARY 120 22 Jeffrey Goldberg, Senior Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation City of Newport Beach CIVIC CENTER DOG PARK REFURBISHMENT PROJECT NO. 22P12 CONTRACT NO. 8717-1 DESIGNATION OF SUBCONTRACTORS) - AFFADAVIT 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 subcontractors as listed in the Bidder's electronic bid 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. Bidders must also include DIR registration numbers for each subcontractor. Oem d de(s ipic U - !?. idder Aut orized Signature/Title 9 City of Newport Beach CIVIC CENTER DOG PARK REFURBISHMENT PROJECT NO. 22P12 CONTRACT NO. 8717-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name We-A&h SA:2'k lkil1 A cS V1 C _ FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $150,000, provide the following information: No. 1 Project Name/Number Moron q0 &U) ;D/C1VCiMVy ! dJ 1i Project Description Qom_ jZ (�{l �Ie�MQ/�'FRri/ S64'00S i?�gy Qqur�0%4t Approximate Construction Dates: From !Vn ZO19 To: pC- Ober 2019 Agency Name / 10VI00.D OA I Ft e6 S6100 i D 1 SSC_ zoq Contact Person Dck l G1 b%Ale k S Telephone ( ) -6(a2' DL(1 S Original Contract Amount $ 2SOK Final Contract Amount $0 If final amount is different from original, please explain (change orders, extra work, etc.) No Clnange ©rLd-eCS 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 Cl0, vrS 10 No. 2 Project Name/Number O l.e U4 moyt o V0.1 ( (� Project Description *JAS+kUaJj0A OF &kt0. S Aey- s avx ?kay 69U#pAAQv1 Approximate Construction Dates: From Matti^ 20 ZO To: N0V'CM10Q f ZO 20 Agency Name _ C-- c� Novena o ` ck � �T% Pierre ('0 2!0 Contact Person Seay\ Cro+4*"'WS Telephone ( ) 290 • 70/9 Original Contract Amount $/We— Final Contract Amount $_Z:50 K If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Sav+&'fcos F&-W4n i ot✓y SCLIVO Play Atho trafi an S Project Description P/« V g V1D V L n l/ CvnCY-I- / S W4 & S"dVCV S Approximate Construction Dates: From • Z01 9 To: t-feky-Ck 202,0 Agency Name Sgjn McaYco S ()" h e d SchuO ( (P(S�l c t Contact Person T ova- Cp-► /Nars Telephone 6 ) 752' /Z Z "1 _ Original Contract Amount $ 0P)11< Final Contract Amount $ 4100< K If final amount is different from original, please explain (change orders, extra work, etc.) value &-halvut Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 4 Project Name/Number 'Sv-0.f' oy �QhOn . rA Project Description +ton OLde S4NC t)MJ Approximate Construction Dates: From SCD4 ZO Z ( To: OC+- 2-0Z-� Agency Name -., lt4 of E71 Contact Person 51viii( V, IIo v Q,r dA,, Telephone ( ) 33 (0 Ct 1 Original Contract Amount $155 k Final Contract Amount $__1__5.8 V, 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. 'P aL y 5XwPkPW' o C ct(m No. 5 Project Name/Number` eve On K ES Fa (/(o,roo k FS Project Description �;A Stu (14,1hcoin cre-R-/C7f-0kd r&7 $(1ad,¢ �(6ygrrovad -a-T Approximate Construction Dates: From 202.( To: PeceM i;Lr 20 Z Agency Name R (lbroO IC or i Ftt c, CIA,~ f-01 253 � L Contact Person �SUvt %�ICkl�..r Telephone ( ) 3�"f 7 • 19 Z Z Original Contract Amount $Final Contract Amount $_ If final amount is different from original, please explain (change orders, extra work, etc.) No (,'Pvtn�& 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 Glaiw� 12 No. G Project Name/N umberH0UK+Ct(y1 Project Description Deo -t0 / &me 1� COKcrIA/Tt,14 / S4a40- A. P(ay"Un8 �j40q(( Approximate Construction Dates: From rC b 002 ( To: tJOV . aOl Agency Name p(— clorovl0�- Contact Person T-MeeU metr-kr1 Telephone 232 0y3& Original Contract Amount $1 yNK Final Contract Amount $ 11-I'7K If final amount is different from original, please explain (change orders, extra work, etc.) do Chaw�,c 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. c(Qwm, 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. Ats-(vml S-lat B61(U - P', Bidder A t rized Signature/Title 13 City of Newport Beach CIVIC CENTER DOG PARK REFURBISHMENT PROJECT NO. 22P12 CONTRACT NO. 8717-1 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of ) being first duly sworn, deposes and says that he or she is \I - of ]kty vt `i [ b(S 3l C, the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of theStat of California that the foregoing is true and correct. Sioa 6 iId-ers Tnc, 1> . Bidder tho ized Signature/Title Subscribed and sworn to (or affirmed) before me on this I day of Ctv1LC_ 2022 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. [SEAL] 14 Notary Public My Commission Expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 01/11/2022 Date personally appeared before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer JULIAN P. DILLAVOU-MOEN Nome(s) of Signer(s) who proved to me on the ba,,5sjf satisfactory evidence to be the person(-,) whose names) is/&F& subscribed to the within instrument and acknowledged to me that he/s4eAhey executed the same in his/*efA eir authorized capacity(ies), and that by his/herAHei signature(-,) on the instrument the person(r,), or the entity upon behalf of which the person(e) acted, executed the instrument. TRACY LYNN RODRIGUEZ COMM. # 2318838 Z SAN DIEGO COUNTY Qq NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp 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 Q SigA ture of ubtic 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JULIAN P. DILLAVOU-MOEN DO Corporate Officer — Title(s): VICE PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: City of Newport Beach CIVIC CENTER DOG PARK REFURBISHMENT PROJECT NO. 22P12 CONTRACT NO. 8717-1 DESIGNATION OF SURETIES Bidder's nameA&kyh Skcsk bj 1 (64erS nc . 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): �j�la�nnov. C�vnn� nqS - C(3.�"�S U<514 �nSVr,-k c�„ /D ? (9 wood s c cls. Ave Ste, I0 3 5CW4U- CA 97071 (S-sa) go - WC, - Comm . 4vf0 Mai e- -�rCL+O . ro (a, - /'-lt(oKel $ insoeia-cS ;3on d S . -/135 W. &row d pi -ye - 1 C6 CK qzazs (7&oa) 73y. ZW o P,X)V\ckAgt^+ 15 City of Newport Beach CIVIC CENTER DOG PARK REFURBISHMENT PROJECT NO. 22P12 CONTRACT NO. 8717-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's NamMkZtA 1 �k a/ JdA4- S TIAC . 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. 16 Current Record Record Record Record Record Year of for for for for for Record 2021 2020 2019 2018 2017 Total 2022 No. of contracts N 19 5o 35 ZO 2c 20 1y5 Total dollar Amount of Contracts (in Thousands of $ No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to J� another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder \ .t5-kfh 5+o4 13y1 I d-e(S —Th C . Business Address: fly o!!�" OyP, Business Tel. No.: _?_eQ 2?0 t(,,7�9 _ State Contractor's License No. and Classification: /0696 % % (14, Pi C(O% - Title V . _ 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 • ZOZZ 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 ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 2- c> Date personally appeared before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer Name(s) of Signer(s) N who proved to me on the bis f satisfactory evidence to be the person(s) whose names) is/aye subscribed to the within instrument and ac nowledged to me that he/ehe*tey executed the same in his/*er/tIic4 authorized capacity(ies), and that by his/esignatures) on the instrument the person(s), or the entity upon behalf of which the person(e) acted, executed the instrument. TRACY LYNNRODRIGUEZ COMM. # 2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES '' JANcy 11, 2024 Place Notary Seal and/or Stamp 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. I--, _7 D Signature 1104 ".k i atuke ry Public 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: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: JULIAN P. DILLAVOU-MOEN ❑ Corporate Officer - Title(s): 0 Partner - ❑ Limited M General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: City of Newport Beach CIVIC CENTER DOG PARK REFURBISHMENT PROJECT NO. 22P12 CONTRACT NO. 8717-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name VkS�a (%i I&f S �Wc- 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 dvnI a.. • S • z0Z 2 W. City of Newport Beach CIVIC CENTER DOG PARK REFURBISHMENT PROJECT NO. 22P12 CONTRACT NO. 8717-1 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: \/\kkVP% Start -PJ61 (de(S --�hC . Business Address: 21qtDry AVQ Scold d c� o , G�- Telephone and Fax Number:%v0 2-70 8�3 °I California State Contractor's License No. and Class: /069677 L6 ,(3, Cho (• (REQUIRED AT TIME OF AWARD) %11 Original Date Issued: 08S 2OZ0 Expiration Date: /0 3 1 ' 2022, 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: <Cyl ✓1 "U'W1 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 S Tart Mcre r l (e- r altxv� Z/W Of -ah 9( Ak. Telephone 7 /0. Z �SCdnd r clt� C� TVI I�h HVCW\ \ .1>. Z ► ti I o raw, r9►� Er3 9 ES Ca nel r ct-o , 1119 Corporation organized under the laws of the State of ed I Fb" r c%, 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/K NONE 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; N/fq NONE Briefly summarize the parties' claims and defenses; WA - 9 �U oNE Have you ever had a contract terminated by the owner/agency? If so, explain. N O+ NO Have you ever failed to complete a project? If so, explain. NO 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 co liance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? YesD6 20 Are any claims or actions unresolved or outstanding? Yes No If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. WtS�2�h Bidder r o wn ee*l (Print name of Ow er or President oCo oration/Company) ,P. !u orized Signature/Title Title Date I • II.2oZ2 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: 21 (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On X / I t ty02-7- Date personally appeared before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer DILLAVOU-MOEN Name(s) of Signer(s) who proved to me on tlkb sis of satisfactory evidence to be the person(s) whose names} is/afesubscribed to the within instrument and acknowledged to me that he/fey executed the same in his/*erftheir authorized capacity(ies), and that by his/herflielr signatures) on the instrument the person(6), or the entity upon behalf of which the person(e) acted, executed the instrument. TRACY LYNN RODRIGUEZ Z COMM. # 2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp 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 I " C� — t Ntory blic yr � wnr�a. Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: JULIAN P. DILLAVOU-MOEN ❑ Corporate Officer - Title(s): IN Partner - ❑ Limited M General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: CIVIC CENTER DOG PARK REFURBISHMENT CONTRACT NO. 8717-1 THIS CONTRACT FOR PUBLIC WORKS ("Contract") is entered into this 8th day of February, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and WESTERN STATE BUILDERS, INC., a California corporation ("Contractor"), whose address is 2141 Orange Ave., Escondido, CA 92029, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of removing and disposing of existing improvements; furnishing and installing synthetic turf in designated areas; furnishing and installing shade structures; installing new water drinking fountains; installing new screen fence; painting of existing fencing, gates and signs; replacing uplifted sidewalk panels; removing and installing paving joint material at existing wall joints and walkways; and other incidental items to complete the work in place as required by the Contract Documents (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. 8717-1, Standard Specifications for Public Works Construction (current adopted edition and all supplements), and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"), all of which are incorporated herein by reference. The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the Work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION 3.1 As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Two Hundred Forty One Thousand Thirty Six Dollars and 26/100 ($241,036.26). 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 Julian Moen 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 Western State Builders, Inc. Page 2 City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code 900 et seq.). 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: Julian Moen Western State Builders, Inc. 2141 Orange Ave. Escondido, CA 92029 Western State Builders, Inc. Page 3 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the 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. Western State Builders, Inc. Page 4 12. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract or for other periods as specified in the Contract Documents, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 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. Western State Builders, Inc. Page 5 16. RESPONSIBILITY FOR DAMAGES OR INJURY 16.1 City and its elected or appointed officers, agents, officials, employees and volunteers shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Work required hereunder, or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 16.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 16.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its elected or appointed officers, agents, officials, employees and volunteers (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any Work performed or Services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, 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 Western State Builders, Inc. Page 6 retained by it until disposition has been made of such suits or claims for damages as aforesaid. 16.7 Nothing in this Section or any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for above. 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") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Contract, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 18.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. 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. Western State Builders, Inc. Page 7 19.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Contract at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Contract. 20. STANDARD PROVISIONS 20.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Contract. 20.2 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 20.3 Integrated Contract. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 20.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Contract and any other attachments attached hereto, the terms of this Contract shall govern. 20.5 Interpretation. The terms of this Contract shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Contract or any other rule of construction which might otherwise apply. 20.6 Amendments. This Contract may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20.7 Severability. If any term or portion of this Contract is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall continue in full force and effect. 20.8 Controlling Law and Venue. The laws of the State of California shall govern this Contract and all matters relating to it and any action brought relating to this Contract shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. Western State Builders, Inc. Page 8 20.9 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 20.10 No Attorney's Fees. In the event of any dispute or legal action arising under this contract, the prevailing party shall not be entitled to attorneys' fees. 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. K*A �1 /_11,r/: I:7 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] Western State Builders, Inc. Page 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 2/0/9a By: V� W Nv" o on C. Harp City Attorney p'L� ATTEST: Date: �54 Al I ay:1..01,144 . ► i 11/IU� City Clerk .�. Q CITY OF NEWPORT BEACH, a California municipal corporation n !3+o CONTRACTOR: WESTERN STATE BUILDERS, INC. , a California corporation Date: Signed in Counterpart By: James Jared Moen Chief Executive Officer Date: Signed in Counterpart By: Julian Patrick Dillavou-Moen Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements Western State Builders, 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 OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: � i n /a) Date: By: iV� () ( Lal _ By: Aa on C. Harp,��� Kevin Muldoon City Attorney pMayor ATTEST: CONTRACTOR: Date: WESTERN STATE BUILDERS, INC. a California corporation Date: .2 '� 3•ylaz2 By: By.- _ Leilani I. Brown Jame ared Moen City Clerk Chief Executive Officer Date: Z . , ZoZz. By: uli Patrick Dillavou-Moen C ' Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Labor and Materials Payment Bond Exhibit B -- Faithful Performance Bond Exhibit C — Insurance Requirements - =- -== Western State Builders, Inc. Page 10 PROJECT: CIVIC CENTER DOG PARK REFURBISHMENT, CONTRACT NO. 8717-1 EXHIBIT A CITY OF NEWPORT BEACH BOND NO. 2331256 LABOR AND MATERIALS PAYMENT BOND EXECUTED IN DUPLICATE BOND NO. 2331256 PREMIUM INCLUDED IN PERFORMANCE BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Western State Builders, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of removing and disposing of existing improvements; furnishing and installing synthetic turf in designated areas; furnishing and installing shade structures; installing new water drinking fountains; installing new screen fence; painting of existing fencing, gates and signs; replacing uplifted sidewalk panels; removing and installing paving joint material at existing wall joints and walkways; and other incidental items to complete the work in place as required by the Contract Documents, 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, NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty One Thousand Thirty Six Dollars and 26/100 ($241,036.26) 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. Western State Builders, Inc. Page A-1 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. 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 17TH day of FEBRUARY , 20 22 . WESTERN STATE BUILDERS, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 777 SOUTH FIGUEROA STREET, SUITE 3700 LOS ANGELES, CA 90017 Address of Surety 800/338-0753 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: --3/7 T ,/22 By: on C. Harp o3OA�� City Attorney 4� th ized Signature/Title JUL P. DILLAVOU-MOEN, VICE PRESIDENT Authorized Agent Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Western State Builders, Inc. Page A-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 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 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) Western State Builders, Inc. Page A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 2/17/2022 Date personally appeared I before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(4 is/afesubscribed to the within instrument and acknowledged to me that he/may executed the same in his/e4 authorized capacity( es), and that by his/HerAHei signature(s) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. TRACY LYNN RODRIGUEZ� COMM. # 2318838 D Z SAN DIEGO COUNTY D g NOTARY PUBLIC CALIFORNIAZ y MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp 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. i Signature Sign ure o tar lic UP 1 IUNAL 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual E Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator n nthar• Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On Z�?lt- �ZOZ'Z- before me, Date personally appeared TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer JULIAN P. DILLAVOU-MOEN er(s) E who proved to me on the basis of satis cto evidence to be the persons) whose name(&) is/,-wesubscribed to the within instrument and acknowledge me that he/sfteAhey executed the same in his/ e+F authorized capacity( es), and that by his/HeFAhei signature(s) on the instrument the person(&), or the entity upon behalf of which the person(a) acted, executed the instrument. TRACY LYNN RODRIGUEZ COMM. # 2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp 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 Sig ture No ublic UP 1 IUNAL 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JULIAN P. DILLAVOU-MOEN N Corporate Officer — Title(s): VICE PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator n nthar- Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Misspuri and Westport Insurance Corporation, orgganized under the laws of the State of Missouri, and having its principal office In the City of Kansas City, Missouri, each does hereby make constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, JESSICA SCHMAL, and TRACY LYNN RODRIGUEZ JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." s• noway,+ ua+mxame°xnuin 3:aa°"�piIONA4 By c e" �6 �,,��tt�r4,pS�tr z� OPC��JT o Cp�' OItPO •"•s'G $y Steven P. Anderson, Senior Vice President of Washington International Insurance Company Ns`; • • SGQL �'y 3 '' Z L &Senior Vice President ofNorth American Specialty Insurance Company ��eX a` S [1 A ��® £ SJ y = pt f m & Senior Vice President of Westport Insurance Corporation p• . ts�F^Sy �•[�� 'n $�'. tn€ T � :��° °fit y 1973 j laWs�; ►bi ` ysb � a B .....\ y „_ * .,,w••° 9gr,,,,,,,__.,,__•,,,,xhm`� Erik Janssens, Senior Vice President or Washington International Insurance Company & Senior Vice Presidentof North American bpecrahy insurance s.ompany & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 12th day of November 120 21 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook ss: On this 12th day of November 2021 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice Presider..•.•+. of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Erik Janssens Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. YASMI OFFICIAL A. PATEL (•f%v? ZZf�` G/L, Gl x pFFIC IAL SEAL L El@- -Notary Public, State of Illinois My Commission Expires Mey2lf, 2023 Yasmin A. Patel, Notary I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 17th day of FEBRUARY 20 22 Jeffrey Goldberg, Senior Vice President & Assistant Secretary of Washinglon International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation PROJECT: CIVIC CENTER DOG PARK EXECUTED IN DUPLICATE REFURBISHMENT, CONTRACT NO. 8717-1 BOND NO. 2331256 EXHIBIT B PREMIUM: $4,616.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE CITY OF NEWPORT BEACH BOND NO. 2331256 FAITHFUL PERFORMANCE BOND PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE The premium charges on this Bond is $ 4,616.00 , being at the rate of $ 25.00/$15.00 thousand of the Contract price. WHEREAS, the City of Newport Beach, State of California, has awarded to Western State Builders, Inc. hereinafter designated as the "Principal," a contract for: The work necessary for the completion of this contract consists of removing and disposing of existing improvements; furnishing and installing synthetic turf in designated areas; furnishing and installing shade structures; installing new water drinking fountains; installing new screen fence; painting of existing fencing, gates and signs; replacing uplifted sidewalk panels; removing and installing paving joint material at existing wall joints and walkways; and other incidental items to complete the work in place as required by the Contract Documents, 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 NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred Forty One Thousand Thirty Six Dollars and 26/100 ($241,036.26) 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 Western State Builders, Inc. Page B-1 event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed 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 17TH day of FEBRUA Y ,20 22 . WESTERN STATE BUILDERS, INC. Name of Contractor (Principal)uJ1hrized Signature/Title J P. DILLAVOU-MOEN, VICE PRESIDENT NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 777 SOUTH FIGUEROA STREET, SUITE 3700 LOS ANGELES, CA 90017 Address of Surety 800/338-0753 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3 /?IPD V11) )n C. Harp Attorney A, 0. Authorized Agent Signature MARK D. IATAROLA, ATTORNEY-IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Western State Builders, Inc. Page B-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 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 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. 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) Western State Builders, Inc. Page B-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 2/17/2022 Date personally appeared before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer MARK D. IATAROLA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose names} is/afesubscribed to the within instrument and acknowledged to me that he/may executed the same in his/*efA+tc4f authorized capacity(tes), and that by his/HerAHei signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal and/or Stamp 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 a re ofota Public 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: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual N Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: TRACY LYNN RODRIGUEZ Z COMM. #2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ Qq MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp 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 a re ofota Public 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: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual N Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 9 SAN DIEGO On _ Z/ 2�'�2'before me, Date personally appeared TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer P. D of S VOU-MOEN who proved to me on the basis of satisfacN ry vldence to be the person(s) whose name(&) is/are subscribed to the within instrument and acknowledged me that he/she{ executed the same in his/` - authorized capacity(ies), and that by his/her4hei signature(-,) on the instrument the person(-,), or the entity upon behalf of which the person(s) acted, executed the instrument. qR:?� TRACY LYNN RODRIGUEZ COMM.#2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JANUARY 11, 2024 Place Notary Seal and/or Stamp 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 Ut' 1 IUNAL Signature of Notary Public 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JULIAN P. DILLAVOU-MOEN N Corporate Officer — Title(s): VICE PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Misspuri and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri, each does hereby make constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, JESSICA SCHMAL, and TRACY LYNN RODRIGUEZ JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." tre,MrgMI 11aaI1111NlllN/ +0gOtAtTY/�•., ��p baa nq�ii yp `s10Nq�/y+4w By 1� ; •OF�Rgj .G tf,Q`. �ItPO ••,SG vc� Ch J �t s,, a 'L :'G �T'•...pp Steven P. Anderson, Senior Vice President of Washington International Insurance Company (��y > �l SEAL""' a — _% SCA tt` & Senior Vice President of North American Specialty Insurance Company �Cv �T�% 4y$. swe J a = 0t [../'S & Senior Vice President of Westport Insurance CorporationIF �sY�' y 1973 Qg� s y'?y 3� 8a y kt�dp5,. *�r% ••.........* air Erik Janssens, sJ Eik JSenior Vice President of Washington International Insurance Company ° p� 'ir a fl & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 12th day of November 120 21 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook Ss: On this 12th day of November 2021 before me, a Notary Public personally appeared Steven P. Anderson , Senior Vi, -,e President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Erik Janssens Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. YASMIN A. PA7El. OFFICIAL SEAL Notary Public. Siete of Illinois My Commission Expires May 28, 2023 - VX? am -/- a A " Yasmin A. Patel, Notary I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 17th day of FEBRUARY , 20 22 Jeffrey Goldberg, Senior Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation *:/:11 11KOA INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers.. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an Western State Builders, Inc. Page C-1 insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees and volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees and volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten Western State Builders, Inc. Page C-2 (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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be Western State Builders, Inc. Page C-3 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. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Western State Builders, Inc. Page C-4 K. Maintenance of General Liability Coverage. Contractor agrees to maintain commercial general liability coverage for a period of ten (10) years after completion of the Project or to obtain coverage for completed operations liability for an equivalent period. Western State Builders, Inc. Page C-5 City of Newport Beach CIVIC CENTER DOG PARK REFURBISHMENT PROJECT NO. 22P12 CONTRACT NO. 8717-1 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 Councilmembers: The undersigned declares that the Contractor 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. 8717-1 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: L(1. 2o-zz Date 7bd ?--10 b% 3 5 Bidder's Telephone and Fax Numbers /0G11677 ('A1131c6,-P3q) Bidder's License No(s). and Classification(s) 0000 3 (a 07 8� DIR Registration Number V44s7krh SQA� 3u � 1 d-er s vac.• Bidder 4--4, U, P- idder's Authorized Signature and Title 2l4t ertnL-t Bidder's Address f Scnk,-4L cAo, Oma} C( 2029 Bidder's email address: 3v 1 tcm& W eAe✓n Ccvn Wis ,i sic tc-vo,3 P' k 7' . 77 11'-1, °,idd r 71.1 G Bid Results Bidder Details Vendor Name Western State Builders Inc Address 2141 Orange Ave Delivery Method Escondido, California 92029 Bid Responsive United States Respondee Julian Moen RespondeeTitle Vice President Phone 760-270-8639 Email julian@westernstatebuilder.com Vendor Type CADIR License # 1069677 CADIR Bid Detail Bid Format Electronic Submitted 01/12/2022 9:23 AM (PST) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 277527 Respondee Comment Buyer Comment Attachments File Title File Name File Type Civic Center Dog Park Bid Package.pdf Civic Center Dog Park Bid Package.pdf General Attachment Bid Bond C 8717 1 Western State Builders Inc.pdf Bid Bond C 8717 1 Western State Builders Inc.pdf Bid Bond .,,I( nt,r Gni P ,. '���1�1 ,� _ .r; IM 'PST: Subcontractors Showing 1 Subcontractor Name & Address Desc FieldTurf USA, Inc. Remove and 175 N. Indurtrial Blvd NE Install turf Calhoun, Georgia 30701 License Num 849044 CADIR Amount Type 1000004625 $79,479.09 C,rt ..r P,rk"'PI 7171 Line Items Discount Terms No Discount Item If Item Code Type Item Description BASE BID - Award to be based on this section only 1 Mobilization 2 Traffic Control 3 Shade Sail Structures 4 Concrete Paving 5 Remove Existing, Install New Joint Material at Wall (Hort) 6 Remove Existing, Install New EMSEAL DMS Sys at Wall (Horz) 7 Remove Existing, Install New Joint Material at Walkway 8 Remove Existing, Install New EMSEAL DMS Sys at Wall (Vert) 9 Remove and Install Drinking Fountain and Footing 10 Repaint Existing Rod Fence, Gates, and Park Signage 11 Remove and Install New Screen Fence 12 Remove and Install New Artificial Turf 13 Provide As -Bulli Plans Alternate Bid 1 (Award to be based on Base Bid Section only) 14 Remove and Install Drinking Fountain (If existing footing can be re -used) UOM CITY Unit Price Line Total Response Comment $241,036.26 LS 1 $3,500.00 $3,500.00 Yes LS 1 $6,500.00 $6,500.00 Yes EA 2 $35,000.00 $70,000.00 Yes SF 308 $21.11 $6,501.88 Yes LF 485 $5.29 $2,565.65 Yes LF 58 $43.10 $2,499.80 Yes LF 205 $5.29 $1,084.45 Yes EA 3 $450.00 $1,350.00 Yes EA 2 $11,000.00 $22,000.00 Yes LS 1 $29,000.00 $29,000.00 Yes LS 1 $15,000.00 $15,000.00 Yes SF 4968 $16.11 $80,034.48 Yes LS 1 $1,000.00 $1,000.00 Yes $18,000.00 EA 2 $9,000.00 $18,000.00 Yes ine Item Subtotals Section Title BASE BID - Award to be based on this section only Alternate Bid 1 (Award to be based on Base Bid Section only) Grand Total � 9 4 Line Total $241,036.26 $18,000.00 $259,036.26 �p,�1DSCAPF\\ 4-1, -A • O—Jl—C3 s Ran I oat 9 12 08 21 'Nz- \CF CA��FG� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CIVIC CENTER DOG PARK REFURBISHMENT PROJECT NO. 22P12 CONTRACT NO. 8717-1 PART 1 - GENERAL PROVISIONS 100% Submittal SECTION 1 -TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT 2-3 SUBCONTRACTS 2-3.2 Self Performance 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents 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 3-3.2.2 Basis for Establishing Cost 3-3.2.3 Markup SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General 5-2 PROTECTION 5-4 RELOCATION SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 Construction Schedule 6-7 TIME OF COMPLETION 6-7.1 General 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY 6-9 LIQUIDATED DAMAGES 1 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 4 4 4 4 5 5 5 5 5 5 6 7 100% Submittal SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services 7-2 LABOR 7-2.2 Prevailing Wages 7-7 COOPERATION AND COLLATERAL WORK 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage in Public Streets 7-8.6 Water Pollution Control 7-8.6.2 Best Management Practices (BMPs) 7-10 SAFETY 7-10.3 Haul Routes 7-10.4 Safety 7-10.4.1 Work Site Safety SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK 9-3 PAYMENT 9-3.1 General 9-3.2 Partial and Final Payment. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel 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 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General PART 6 — TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL 7 7 7 8 8 8 8 8 8 8 8 9 9 9 9 9 9 9 9 12 12 12 12 12 12 12 12 12 12 12 12 13 13 13 13 13 13 14 14 14 14 14 14 14 14 14 600-2 VEHICULAR ACCESS 600-3 PEDESTRIAN ACCESS SECTION 601- WORK AREA TRAFFIC CONTROL 601-1 GENERAL 601-2 TRAFFIC CONTROL PLAN (TCP) R/Hdo TECHNICAL SPECIFICATIONS SECTION 02 4113 - DEMOLITION SECTION 07 9005 - JOINT SEALANT SECTION 07 9106 - EMSEAL DSM JOINT SEALS SECTION 09 9000 - EXTERIOR PAINTING SECTION 12 9300 - SITE FURNISHINGS SECTION 13 3123 - SHADE STRUCTURES SECTION 32 1314 - CONCRETE PAVING SECTION 32 1813 - SYNTHETIC GRASS SURFACING 100% Submittal 15 15 15 15 15 17 17 17 17 17 17 17 17 17 100% Submittal CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CIVIC CENTER DOG PARK REFURBISHMENT PROJECT NO. 22P12 CONTRACT NO. 8717-1 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. P -5269-S); (3) the City's Design Criteria and Standard Drawinqs for Public Works Construction, (2021 Edition); (4) Standard Specifications for Public Works Construction (2015 Edition) including supplements. The City's Design Criteria and Standard Drawings for Public Works Construction are available at the following website: http://www.newportbeachca.gov/government/departments/public-works/resources Copies of the Standard Specifications for Public Works Construction may be purchased online at www.bnibooks.com/products/standard-specifications-public-works-construction or call 888-BNI BOOK (888-264-2665). The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 - GENERAL PROVISIONS SECTION 1 — TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS Add the following definition: City — City of Newport Beach SECTION 2 - SCOPE AND CONTROL OF THE WORK 2-1 AWARD AND EXECUTION OF THE CONTRACT Page SP 1 of 17 100% Submittal At the time of the award and until completion of work, the Contractor shall possess a Class "A" license. At the start of work and until completion of work, the Contractor and all Subcontractors shall possess a valid Business License issued by the City. 2-3 SUBCONTRACTS 2-3.2 Self Performance The following items shall be designated as "Specialty Items": • Synthetic Turf • Shade Structures 2-5 PLANS AND SPECIFICATIONS 2-5.2 Precedence of Contract Documents If there is a conflict or discrepancy between different Contract Documents, the more stringent requirement as determined by the Engineer shall control. 2-6 WORK TO BE DONE The work necessary for the completion of this contract consists of removing and disposing of existing improvements; furnishing and installing synthetic turf in designated areas; furnishing and installing shade structures; installing new water drinking fountains; installing new screen fence; painting of existing fencing, gates and signs; replacing uplifted sidewalk panels; removing and installing paving joint material at existing wall joints and walkways; and other incidental items to complete the work in place as required by the Contract Documents. 2-9 SURVEYING 2-9.1 Permanent Survey Markers Delete the second paragraph and replace with the following: The Contractor shall submit to the Engineer, a minimum of 7 days prior to the start of work, a list of controlling survey monuments which may be disturbed. The Contractor shall: a) set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) file a Corner Record or Record of Survey with the County Surveyor after reestablishment of the disturbed (permanent) controlling survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during Page SP2of17 100% Submittal 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 Corner Record or Record of Survey with the County Surveyor upon monument restoration. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and/or monuments damaged by the Work. SECTION 3 - CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.2 Basis for Establishing Cost 3-3.2.2.3 Tool and Equipment Rental Tool and equipment rental rates shall be based on the current Caltrans rental rates. 3-3.2.3 Markup 3-3.2.3.1 Work by the Contractor Delete this section and replace with the following: The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit: 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 in this subsection, one (1) percent may be added as compensation for bonding. 3-3.2.3.2 Work by a Subcontractor Delete this section and replace with the following: When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3.1 shall be applied by the Subcontractor to the actual costs and shall constitute the markup for all overhead and profit. An additional markup of five (5) percent of the total subcontracted cost may be added by the Contractor. To the sum of the costs and markups provided in this subsection, one (1) percent may be added as compensation for bonding. Page SP3of17 100% Submittal SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.1 General All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer with full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - UTILITIES 5-1 LOCATION 5-1.1 General The Contractor is responsible for, and shall at his or her expense, pothole all existing utilities which may be affected by the work to verify points of connection and potential conflicts. No segment of work shall begin until the contractor has potholed and verified points of connection and related connection material requirements, and coordinated the final/existing layout of the laterals/pipeline with the Engineer, including adjustments due to field conflicts with other utilities or structures above or below ground. Within seven (7) calendar days after completion of the work or phase of work, the Contractor shall remove all USA utility markings. Removal by sandblasting is not allowed. Any surface damaged by the removal effort shall be repaired to its pre - construction condition or better at the contractor's expense. 5-2 PROTECTION In the event that an existing pull box, meter box or any other utility box is damaged by the Work and is not re -useable, the Contractor shall provide and install a new replacement pull box, meter box or any other utility box of identical type and size at no additional cost to the City. Page SP 4 of 17 100% Submittal 5-4 RELOCATION All City owned pull boxes, water meter boxes, water valve boxes, sewer cleanout boxes and survey monument boxes (collectively known as "utility boxes") which are affected by the Work shall be replaced to finish grade with new utility boxes. During asphalt paving operation, manholes within paving area shall be temporarily lowered and covered. Upon completion of paving operation, manholes shall be permanently adjusted to finish grade. The Contractor will be required to contact Southern California Edison, The Gas Company, cable television companies, telecommunication companies and any other utility companies 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. The Contractor shall provide the necessary survey control for all utility companies to adjust boxes and vaults to the final grade. The Contractor will be required to coordinate with these companies for inspection of the work. SECTION 6 - PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 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 baseline schedule to the Engineer for approval a minimum of five working days prior to the pre -construction meeting. The Engineer will review the baseline 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 baseline schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the baseline schedule and has demonstrated the ability to maintain the 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. Contractor shall update the schedule periodically or as directed by the Engineer to reflect any delay or extension of time. In addition, Contractor shall prepare 2 -week look -ahead schedules on a bi-weekly basis with detailed daily activities. 6-7 TIME OF COMPLETION 6-7.1 General After the provision of a material and equipment procurement schedule, the Engineer shall issue a Notice to Procure. The time allotted during the Notice to Procure shall be Page SP 5 of 17 100% Submittal granted for shop drawing preparation, equipment manufacturing and delivery. The City currently estimates the Notice to Procure time to be 90 calendar days. The Notice to Proceed will be issued at the expiration of the Notice to Procure. The Contractor shall complete all work under the Contract within 20 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. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., outside of the working hours. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6:00 p.m. on Saturdays only. A request for working outside the normal working hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $146 per hour when such time periods are approved. The following days are designated City holidays and are non -working days: 1. January 1St (New Year's Day) 2. Third Monday in January (Martin Luther King Day) 3. Third Monday in February (President's Day) 4. Last Monday in May (Memorial Day) 5. July 4th (Independence Day) 6. First Monday in September (Labor Day) 7. November 11 th (Veterans Day) 8. Fourth Thursday and Friday in November (Thanksgiving and Friday after) 9. December 24th, (Christmas Eve) 10. December 25th (Christmas) 11. December 26th thru 30th (City Office Closure) 12. December 31 It (New Year's Eve) If the holiday falls on a Sunday, the following Monday will be considered the holiday. If the holiday falls on a Saturday, the Friday before will be considered the holiday. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY Prior to acceptance of work, the Contractor shall submit a full size set of plans to the Engineer. Retention payment and bonds will not be released until the as -built plans are reviewed and approved by the Engineer. A set of approved plans and specifications shall be on the job site at all times. The Contractor shall maintain as -built drawings of all work as the job progresses. A separate set of drawings shall be maintained for this Page SP6of17 100% Submittal purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress payment is submitted. Any changes to the approved plans that have been made with approval from the Engineer shall be documented on the as -built plans. 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. 6-9 LIQUIDATED DAMAGES For each consecutive calendar day after the time specified under the approved schedule as part of the Notice to Procure in Section 6-7.1, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. For each consecutive calendar day after the time specified in Section 6-7.1 for completion of the work after issuance of the Notice to Proceed, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00. Execution of the Contract shall constitute agreement by the City and Contractor that the above liquidated damages per calendar day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 THE CONTRACTOR'S EQUIPMENT AND FACILIITIES 7-1.2 Temporary Utility Services If the Contractor elects to use City water, Contractor shall arrange for a meter and tender a $973.00 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, dust control, 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 such water. Page SP7of17 100% Submittal 7-2 LABOR 7-2.2 Prevailing Wages In accordance with California Labor Code Section 1720.9, hauling and delivery of ready - mixed concrete for public works contracts are subject to prevailing wages. 7-7 COOPERATION AND COLLATERAL WORK City forces will perform all shut downs of water, sewer and storm drain facilities as required. The Contractor shall provide the City advanced notice a minimum of seven calendar days prior to the time contractor desires the shutdown these City facilities. 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. It is the Contractor's responsibility to notify the affected businesses and residents of the upcoming water shutdown with a form provided by the Engineer at least 48 hours in advance of the water shut down. 7-8 WORK SITE MAINTENANCE 7-8.4 Storage of Equipment and Materials 7-8.4.2 Storage 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 7-8.6.2 Best Management Practices (BMPs) 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. Page SP8of17 100% Submittal c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City 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 14.36.030 of the City's Municipal Code. 7-10 SAFETY 7-10.3 Haul Routes Haul routes shall be submitted to the Engineer for review and approval. 7-10.4 Safety 7-10.4.1 Work Site Safety 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. 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. SECTION 9 - MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK Contractor shall submit a detailed schedule of value for all lump sum bid items to the Engineer within 15 days after award of contract. 9-3 PAYMENT 9-3.1 General Revise paragraph two to read: The unit and lump sum bid prices 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 Page SP 9 of 17 100% Submittal 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. Contract will be awarded based on the lowest base bid received. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization and Demobilization: Work under this item shall include, but not be limited to, providing bonds, insurance and financing, implementing the BMP Plan, establishing a material and equipment storage location, providing submittals, pre - construction photos, construction schedule, 6 foot tall screened construction fencing and all required reporting documentations; attending all project coordination meetings, and all other related work as required by the Contract Documents. It shall also include work to demobilize from the project site including but not limited to site cleanup, removal of USA Markings and providing any required documentation and turnover items as noted in these Special Provisions. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents and businesses. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, coordinating traffic control with all applicable agencies, water districts, stakeholders and utility companies, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow boards and changeable message signs, K -rail, temporary striping, and 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 Furnish and Install Shade Sail Structures including Deferred Structural Submittals: Work under this item shall include, but not limited to, the cost of all design (including structural design cost), labor, equipment, and materials for designing, furnishing and installing the Shade Sail Structures including footings, restoring all existing improvements damaged by the work, and all other work items required for performing the work complete and in place. Pavement replacement to be paid out of Bid Item No. 4. Item No. 4 Construct 5 -inch Thick Paving: Work under this item shall include, but not limited to, the cost of all labor, tools, equipment, and materials for grading, furnishing and installing fill material as needed, subgrade compaction, constructing 5 - inch thick P.C.C. paving, material costs for saw cutting, removing existing raised concrete panels, repairing the subbase and base course as required and installing a new concrete panel, restoring all existing improvements damaged by the work, and all other work items required for performing the work complete and in place. Item No. 5 Remove and Install Paving Joint Material at Existing Wall Joint: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of the existing joint material, cleaning the joint, installing new backer rod, filler, caulking, and all other work items as required to complete the work in place. Page SP 10 of 17 100% Submittal Item No. 6 Remove and Install EMSEAL DMS System at Existing Wall Joint: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of the existing caulking, cleaning the joint, installing new caulking, and all other work items as required to complete the work in place. Item No. 7 Remove and Install Paving Joint Material at Walkway: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of the existing joint material, cleaning the joint, installing new backer rod, filler, caulking, and all other work items as required to complete the work in place. Item No. 8 Remove and Install EMSEAL DMS System at Existing Vertical Wall Joint: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of the existing caulking, cleaning the joint, installing new caulking, and all other work items as required to complete the work in place. Item No. 9 Remove and Install Drinking Fountain and Footing: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of the existing drinking fountain and footing, and constructing new drinking fountain footing, installing a new drinking fountain, restoring all existing water and drain connection, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. If Bid Alt Item No. 1 is used, this bid item may be removed at no cost to the City. Item No. 10 Repaint Existing Rod Fence, Gates and Park Signage: Work under this item shall include, but not limited to, the cost of all labor, equipment, and materials for, removal of park signage prior to painting, sanding, priming, applying two finish coats to fence, gates and park signage, reinstalling park signage, restoring all existing improvements' damaged by the work, and all other work items as required to complete the work in place. Item No. 11 Remove and Install New Screen Fence: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing existing vinyl screen mesh, furnishing and installing new PVC Coated Chain Link fence, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 12 Remove and Install New Artificial Turf: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing the existing artificial turf, base, and nailer board, making any required repairs to the sub -base, installing new artificial turf, base, and nailer board, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 13 Provide As -Built Plans: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for all actions necessary to Page SP 11 of 17 100% Submittal provide as -built drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. An amount of $1,000.00 is determined for this bid item. The intent of this pre-set amount is to emphasize to the Contractor the importance of as -built drawings. Bid Alt Item No. 1 Remove and Install New Drinking Fountain: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for removing and disposing of the existing drinking fountain, furnishing and installing a new drinking fountain on the existing footing, restoring all existing water and drain connections, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. 9-3.2 Partial and Final Payment. From each progress payment, five (5) percent will be retained by the City, and the remainder less the amount of all previous payments will be paid. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. PART 2 - CONSTRUCTION MATERIALS SECTION 200 — ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General Crushed Miscellaneous Base (CMB) shall be used as the untreated base material. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements 201-1.1.2 Concrete Specified by Class and Alternate Class Portland cement concrete shall be Class 560-C-3250 unless shown otherwise on the plans. 201-2 REINFORCEMENT FOR CONCRETE 201-2.2 Steel Reinforcement 201-2.2.1 Reinforcing Steel Page SP 12 of 17 100% Submittal Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. PART 3 - CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 Removal and Disposal of Materials 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 found on the City's website at: http://newportbeachca.gov/index.aspx?page=157 and then selecting the link for Franchised Haulers List. 300-1.3.1 General The Contractor shall maintain the job site in a clean and safe condition. The Contractor shall remove any broken concrete, debris or other deleterious material from the job site at the end of each workday or as directed by the Engineer. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 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. 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, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of two (2) inches. 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. Page SP 13 of 17 100% Submittal 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 302-6.7 Traffic and Use Provisions The Contractor shall not allow vehicular traffic on new concrete until the concrete has attained a minimum compressive strength of 3000 psi. High early strength concrete may be attained to meet the time constraints by the use of additional portland cement or chemical admixtures in accordance with Section 201-1 and with prior approval of the Engineer. The cost of high early strength concrete shall be included in the unit prices for all concrete bid items. SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303-5.1 Requirements 303-5.1.1 General Sidewalks and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or asphalt concrete patchback shall be placed within 72 hours following concrete placement. PART 6 - TEMPORARY TRAFFIC CONTROL SECTION 600 - ACCESS 600-1 GENERAL Ten (10) working days prior to starting work, the Contractor shall distribute construction notices to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notices. Forty-eight (48) hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notices when construction operations will start for each block or street. An interruption of work at any location in excess of 14 calendar days shall require re -notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. Page SP 14 of 17 100% Submittal 600-2 VEHICULAR ACCESS The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which shall be posted 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. City "Temporary Tow -Away, No Parking" signs are available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high non -erase letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 600-3 PEDESTRIAN ACCESS Pedestrian access along the MacArthur Blvd sidewalk and other sidewalks surrounding the Dog Park within the limits of work must be maintained at all times, with the exception of the staging area closure during work hours. 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. SECTION 601 — WORK AREA TRAFFIC CONTROL 601-1 GENERAL The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbons, changeable message signs (CMS), 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. Messages for the CMS shall be updated by the Contractor as directed by the Engineer. 601-2 TRAFFIC CONTROL PLAN (TCP) The Contractor shall submit to the Engineer, at least five working days prior to the pre - construction meeting, traffic control plans and/or detour plans for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H.), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. Page SP 15 of 17 100% Submittal 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. 4. At a minimum, the Contractor shall maintain one lane of traffic in each direction at all times when completing the work. 5. Sidewalk closures in non-residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 6. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. Page SP 16 of 17 100% Submittal R/Hdo TECHNICAL SPECIFICATIONS Dated December 08, 2021 SECTION 02 4113 — DEMOLITION SECTION 07 9005 — JOINT SEALANT SECTION 07 9106 — EMSEAL DSM JOINT SEALS SECTION 09 9000 — EXTERIOR PAINTING SECTION 12 9300 — SITE FURNISHINGS SECTION 13 3123 — SHADE STRUCTURES SECTION 32 1314 —CONCRETE PAVING SECTION 32 1813 — SYNTHETIC GRASS SURFACING Page SP 17 of 17 CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD SECTION 02 4113 DEMOLITION PART 1 - GENERAL 1.1 REQUIREMENTS A. Related Requirements: Review the General Contract Conditions and Division One, General Requirements, which contain information and requirements that apply to this section. 1.2 SECTION INCLUDES A. Demolition and removal of drinking fountain feature including footings and foundations. After removal of existing drinking fountain, the Engineer to determine if existing footing and piping can be used and with new specified drinking fountain. If not re -usable removal and replacement of footing is included as an Optional Bid Item. B. Saw cutting and demolition and removal of existing paving. C. Disconnecting and temporarily cap existing lines, if drinking fountain foundation is to be removed and replaced (refer to item #1 above). D. Removal of existing artificial turf, base material and nailer board. E. Remove existing Dog Park Signage, store and protect for repainting and replacement. F. Removal of existing caulking and backer road. G. Removal of existing vinyl mesh screen and zip ties. H. Handling and disposal of removed materials. 1.3 RELATED DOCUMENTS AND SECTIONS A. Section 01 7410 - Cleaning Requirements: Progress cleaning requirements, including disposal of debris. B. Section 31 1100 — Site Clearing: Site Clearing and removal of above ground and below ground improvements. 1.4 DEFINITIONS A. Remove: Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or to remain City's property. B. Remove and Salvage: Items indicated to be removed and salvaged remain the Owner's property. Remove clean, pack or crate items to protect against damage. Identify contents of containers and deliver to City's designated storage area. C. Remove and Reinstall: Remove items indicated; clean, service, and otherwise prepare them for reuse store and protect against damage. Reinstall items in locations indicated. December 8, 2021 SECTION 02 4113 - 1 DEMOLITION CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD D. Existing to Remain: Protect construction indicated to remain against damage and demolition. When permitted by the Construction Manager. items may be removed to a protected storage location during demolition and then cleaned and reinstalled in their original locations. 1.5 OWNERSHIP OF MATERIALS. A. Ownership of Materials: Except for items or -materials indicated to be reused, salvaged or otherwise indicated to remain the City's property, demolished materials shall become the Contractor's property and shall be removed from the site with further disposition at the Contractor's option. 1.6 SUBMITTALS A. Demolition Procedures: For Project record, submit the following: 1. Proposed dust -control measures. 2. Proposed noise -control measures. 3. Protection of existing pavements, wall, benches and plantings. B. Demolition and Removal Procedures and Schedule: Submit schedule indicating the following: 1. Detailed sequence of demolition and removal work, with starting and ending dates for each activity. 2. Dates for shutoff, capping, and continuation of utility services. C. Pre -Demolition Record: Produce photographs or videotape, sufficiently detailed, of conditions of adjoining construction and site improvements that might be misconstrued as damage caused by demolition operations. Annotate Copy of record drawing from previous demolition work performed, identifying conditions which have changed. D. Project Record Drawings: At Project closeout submit drawings that identify and accurately locate capped utilities and other subsurface structural, electrical, or mechanical conditions. 1.7 QUALITY ASSURANCE A. Demolition Firm Qualifications: Engage an experienced, licensed firm having satisfactory experience in demolition work of similar scope and complexity indicated for this Project. B. Regulatory Requirements: 1. Determine governing environmental protection regulations before starting demolition and comply with all requirements of authorities having jurisdiction. 2. Comply with handling, transport and disposal regulations of authorities having jurisdiction, including as applicable, regulations governing hazardous materials. 1.8 PROJECT CONDITIONS A. Pedestrian Protection. Provides temporary barriers and or other measures as necessary to protect pedestrians walking along MacArthur Blvd, The Contractor shall note that the City intends to also close the Large Dog Park during this project and barriers will be required to protect this area as well. 1. Conditions existing at time of inspection for bidding purpose will be maintained by City as far as practical. 2. Field Measurements and Conditions: In addition to provisions of the Conditions of the Contract, verify dimensions and field conditions prior to Bidding. Verify against field conditions and conditions of substrate and adjoining Work before proceeding with demolition Work. December 8, 2021 SECTION 02 4113 - 2 DEMOLITION CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 1.9 DISPOSAL OF MATERIALS: A. All demolished materials that will not be stockpiled for later use, shall be promptly removed from the site. Storage or sale of removed items or materials on-site will not be permitted without approval by the City. 1.10 SEQUENCING AND SCHEDULING A. All demolished materials that will not be stockpiled for later use, shall be promptly removed from the site. Storage or sale of removed items or materials on-site will not be permitted without approval by the City. B. Sequencing and Scheduling: Sequence and schedule demolition to coordinate with site clearing and grading work. Some demolition activities will be performed in coordination with the construction activity in that area, instead of during the overall demolition phase. 1.11 TRAFFIC CONTROL A. Refer to Section 7-10 of the Reference Specifications, The Work Area Traffic Control Handbook (W.A.T.C.H.) latest edition, and Section 01 5500 Vehicular Access and Construction Parking. 1.12 ENVIRONMENTAL REQUIREMENTS A. Refer to Regulatory Requirements and Coordination Sections for South Coast Air Quality Management District notification and permit requirements. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 EXAMINATION A. Examination: Contractor shall examine existing conditions prior to bidding. 1. Examine existing conditions and correlate with requirements indicated to determine extent of demolition required. 2. Examine conditions as the Work progresses to detect hazards resulting from demolition activities. B. Verification: Prior to demolition Work, perform the following: 1. Verify that utilities have been disconnected and capped. 2. Verify existing conditions and prepare record of existing conditions with photographs or videotape, as agreed with Owner. 3.2 SAFETY AND PROTECTION A. Protect existing buildings, substructures, and other improvements within and adjacent to the work site in conformance with the Basic Site Materials and Methods and Excavation Safety Requirements Sections. B. Provide, erect, and maintain barriers, barricades, and guard rails as required to protect general public, workers, and adjoining properties. C. Cease operation and notify Engineer immediately if demolition appears to endanger life, facilities, or property. Do not resume operations until safe conditions have been restored. December 8, 2021 SECTION 02 4113 - 3 DEMOLITION CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD D. Refer to Regulatory Requirements Section for additional requirements in the event that undocumented hazardous wastes are discovered. 3.3 UTILITY SERVICES A. Utility Services: Maintain existing utilities indicated to remain in service and protect from damage during demolition operations. 1. Do not interrupt existing utilities serving occupied or operating facilities, except when authorized in writing by Owner and authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, except drinking fountains serving the Dog Park, as acceptable to Owner and to governing authorities. 2. Provide not less than 72 hours' notice to Owner's Representative if shutdown of required during changeover. B. Utility Requirements: Locate, identify, disconnect, and seal or cap off indicated utility serving structures to be demolished. Contractor shall arrange to shut off indicated utilities with utility companies. 3.4 POLLUTION CONTROLS A. Dust Control: Use water mist, temporary enclosures, and other suitable methods to limit spread of dust and dirt. Comply with governing environmental protection regulation Do not create hazardous or objectionable conditions, such as flooding and pollution, when using water. B. Debris Removal: Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. Remove debris from elevated portions of building by chute, hoist, or other service that will convey debris to grade level. C. Cleaning: Clean adjacent buildings and improvements of dust, dirt, and debris caused by demolition operations. Return adjacent areas to condition existing before start of demolition. 3.5 FLATWORK AND SITEWORK DEMOLITION A. Flatwork Demolition: Demolish flatwork and site completely and remove from the site. Use methods required to complete Work within limitations of governing regulations and as follows: 1. Use techniques acceptable to authorities having jurisdiction and which will achieve intended results and provide protection of surrounding features to remain. 2. Verify existing conditions prior to start of demolition. 3. Sawcut along existing score lines and demolish concrete and masonry in small sections. Final limits of demolition to be determined after preparation of Shade Vendor supplied footing design. 4. Clearing of Debris: Clear soil areas of debris 1 -in. diameter and larger, weeds, and other extraneous materials prior to amending existing soil. 3.6 UTILITIES DEMOLITION A. Utilities Demolition: 1. Prior to excavation or removal of onsite utilities, cut and cap existing utilities main or at locations directed by utility companies. Water line valves are shown on the plan and should be in the off position when replacing the drinking fountains. 2. Utilities demolition shall be in accordance with all applicable requirements of serving utility and authorities having jurisdiction. 3. Remove utilities in a manner to minimize disturbance of portions to remain and adjacent properties. December 8, 2021 SECTION 02 4113 - 4 DEMOLITION CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 4. Coordination: Coordinate cutting and capping sequences and procedures with serving utility and those affected by such activities. 5. Existing abandoned utilities that are encountered during excavation need to be removed from the excavation and to the extent necessary to allow backfilling to occur. 3.7 DISPOSAL OF DEMOLISHED MATERIALS A. Disposal of Demolished Materials: Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site. B. Demolished Material greater than 3" in any dimension shall be removed. C. Should Contractor decide to move any large items off the site intact, Contractor shall make arrangements for required permits, clearances, and utilities. D. Remove vermin infested and harmful materials from site. Dispose of materials in conformance with applicable health regulations to protect workers, tenants, and the public. E. Burning: Do not burn demolished materials. F. No debris shall be allowed to enter harbor waters. 3.8 BACKFILL EXCAVATIONS A. Filled areas within and around previously demolished structure footprints shall be graded to retain stormwater on City property in conformance with Earthwork and Regulatory Requirements Sections unless indicated otherwise on Drawings. END OF SECTION December 8, 2021 SECTION 02 4113 - 5 DEMOLITION CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD SECTION 07 9005 PAVING JOINT SEALANTS PART 1 - GENERAL 1.1 GENERAL CONDITIONS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions, Division 1 Specification Sections, and related documents, apply to this section. B. Work Included in this section: 1. Furnish materials, labor, transportation, services, and equipment necessary to install joint sealers as indicated on Drawings and as specified herein. C. Work related in other Sections: 1. Section 12 9300 Site Furnishings 2. Section 32 1314 — Concrete Paving. 1.2 REFERENCES A. AAMA 800 - Specifications and Tests Methods for Sealants. B. ASTM C 661 - Indentation Hardness of Elastomeric Type Sealants by Mean of Durometer. C. ASTM C 920 - Elastomeric Joint Sealants. D. ASTM C 962 - Use of Elastomeric Joint Sealants. E. ASTM C 1193 - Standard Guide for Use of Joint Sealants. F. ASTM D 1667 - Standard Specification for Flexible Cellular Materials - Vinyl Chloride Polymers and Copolymers (Closed -Cell Foam). G. SWI: Sealants - The Professional's Guide. 1.3 SYSTEM PERFORMANCE A. Provide elastomeric joint sealants that have been produced and installed without causing staining or deterioration of adjacent paving surfaces. 1.4 SUBMITTALS A. In accordance with Division 1. B. Submit a list of sealants used on project. C. Provide data indicating sealant chemical characteristics, manufacturer's instructions, performance criteria, substrate preparation, limitations and color availability. December 8, 2021 SECTION 07 9005- 1 JOINT SEALANT CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD D. Samples: 1. Submit two samples of each sealant type and color specified for use on project for review and approval by Engineers. 2. Match sealant color with adjacent paving color. Provide colors from manufacturer's standard or extended color palette, however, Engineer's will not be limited to manufacturer's standard or extended color palette. 3. Unavailability of a specified color in conjunction with a manufacturer's product requires providing a product of another specified manufacturer in which designated color is available. 1.5 QUALITY ASSURANCE A. Applicator Qualifications: Company specializing in performing Work of this Section with a minimum of 5 years documented experience. B. Coordination with Other Trades: 1. Coordinate installation of sealant materials of this section with adjacent work of other trades. C. Pre -Installation Conference: 1. Prior to commencing Work of this Section, schedule a meeting with representatives of trades affected by joint sealant work, in order to review, discuss and agree upon methods and procedures to be used that affect joint sealant work. D. Manufacturer's Supervision: 1. Obtain manufacturer's local representative supervision for the following: a) Inspection of Work just prior to start of sealant application. b) Provide initial instruction at start of Work, to ensure that physical conditions which could result in defective work are properly corrected before materials are applied. c) Instruct personnel in correct procedures. d) Verify that proper procedures are being followed. e) Notify manufacturer at least 72 hours prior to time it is required. f) Failure or refusal of manufacturer's local representative to provide inspection and supervision required by this Section constitutes grounds for non -acceptability of materials manufactured by it even though such materials have been specified or approved. 1.6 MOCK-UPS A. Provide five linear feet of each sealant specified. Obtain direction from Engineers on location of paving sealant mock-ups. 1. Apply sand to 30" of joint mockup with specified silica sand - see Section 3.4. December 8, 2021 SECTION 07 9005- 2 JOINT SEALANT CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 1.7 DELIVERY, STORAGE AND HANDLING A. Deliver materials to Project in original factory wrappings and containers, clearly labeled with identification of manufacturer, brand name, and lot number. B. Store materials in original undamaged packages and containers, inside well -ventilated area protected from weather, moisture, soiling, extreme temperatures, and humidity. 1.8 PROJECT CONDITIONS A. Conform to sealant manufacturer's recommendations for temperatures (ambient, surface and material), moisture, humidity, and similar factors that affect installation of joint sealant materials. B. Install joint sealant materials at times when temperatures of surface materials are approximately at median of service temperature extremes. 1.9 ENVIRONMENTAL REQUIREMENTS A. Maintain temperature and humidity recommended by sealant manufacturer during and after installation. 1.10 COORDINATION A. Coordinate Work with sections of work referencing this Section. 1.11 WARRANTY A. Include coverage for installed sealants and accessories which fail to achieve airtight seal, watertight seal, exhibit loss of adhesion, cohesion, or do not cure for a period of 5 years from date of Final Acceptance by Owner. PART 2 -PRODUCTS 2.1 SEALANT TYPES A. Type 1 (vertical joint applications): Two-part, non -sag polyurethane sealant conforming to ASTM C 920, Type M, Grade NS, Use NT, M, A, and O for non -traffic, vertical applications not subject to service temperatures in excess of 150°F. or joint movement in excess of ±50%. 1. Acceptable Manufacturer's: a) Dynatrol II; Pecora Corp. b) Sikaflex-2C NS- TG; Sika Corporation. c) Sonolastic NP 2; Sonneborn Building Products. d) Dymeric 240FC; Tremco. B. Type 3 (horizontal joint applications): Two-part, non -sag polyurethane sealant conforming to ASTM C 920-87, Type M, Grade NS, Class 25, Use T, M, A, and O with an average Shore A December 8, 2021 SECTION 07 9005- 3 JOINT SEALANT CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD hardness (in accord with ASTM C 661) of 30 or more, for traffic -bearing, horizontal applications not subject to joint movement in excess of ±25%. 1. Acceptable Manufacturer's: a) Dynatred; Pecora Corp. b) THC -901; Tremco. c) Sikaflex 2C -NS; Sika Corporation. d) Sonolastic SL -2; Sonneborn Building Products. 2.2 ACCESSORY MATERIALS A. Joint Cleaner: Non -corrosive and non -staining type, recommended by sealant manufacturer; compatible with joint forming materials. B. Masking Tape: Provide masking tape on horizontal surfaces prior to installing sealant. 1. Acceptable Manufacturers: Long -mask 2090; 3M. C. Primer: Non -staining type, recommended by sealant manufacturer to suit application. D. Backer Rod: 1. Horizontal Joints: 9 Ib. density, non -gassing, closed -cell polyethylene backer rod. Oversize rod to 25 to 30% of joint width. 2. Vertical Joints: 2 Ib. density, non -gassing, closed -cell polyethylene backer rod. Oversize rod to 25 to 30% of joint width. 3. Acceptable Manufacturers: a) Sonolastic; Sonneborn Building Products. b) Sof-Rod; Nomaco. c) 101 ITP Standard backer Rod; ITP. E. Joint Sand: 1. Silica sand, grade 60 PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that substrate surfaces and joint openings are ready to receive Work. B. Verify that backer rod and bond breaker tape are compatible with sealant. 3.2 JOINT PREPARATION A. Ensure demolition operations properly removed existing caulk, loose materials and foreign matter from joint, which might impair adhesion of backer rod and sealant. B. Clean and prime joints in accordance with manufacturer's instructions. Do not spill primer onto visible concrete. Immediately wipe off primer if spilling occurs. December 8, 2021 SECTION 07 9005- 4 JOINT SEALANT CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 3.3 BACKER ROD INSTALLATION A. Allow primer to dry before installing backer rod. B. Measure joint dimensions and size backer rod to be larger than 25 to 30% of the joint to achieve width -to -depth ratio, neck dimension, and surface bond area as recommended by manufacturer. C. Do not leave gaps between ends of backer rod. D. Do not stretch, twist, puncture, or tear backer rod. 3.4 SEALANT INSTALLATION A. Provide masking tape along joint edges prior to installing sealant. B. Install sealant in accordance with sealant manufacturer's instructions. C. Install sealant by proven techniques that result in sealant directly contacting and fully wetting joint substrates, completely filling recesses provided for each joint configuration, and providing uniform, cross-sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. D. Install sealants at same time sealant backings are installed. E. Install sealant free of air pockets, foreign embedded matter, ridges, and sags. F. Apply sealant within recommended application temperature ranges. Consult manufacturer when sealant cannot be applied within these temperature ranges. G. Tooling: 1. Tool joints concave. 2. Immediately after sealant application and prior to time curing begins, tool sealant to form smooth, uniform beads, eliminate air pockets, and to ensure contact and adhesion of sealant with sides of joint. 3. Remove excess sealant from adjacent joint surfaces. 4. Do not use tooling agents that discolor sealant or adjacent surfaces or are not approved by sealant manufacturer. H. Silica Sand Coating: 1. After Sealant has been applied and while it is still tacky, apply silica sand to reduce surface sheen of sealant. 2. Once Sealant has cured, blow excess and away and clean up. 3.5 CLEANING A. Clean adjacent soiled surfaces. December 8, 2021 SECTION 07 9005- 5 JOINT SEALANT CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 3.6 PROTECTION OF FINISHED WORK A. Protect sealants until fully cured. END OF SECTION December 8, 2021 SECTION 07 9005- 6 JOINT SEALANT CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD SECTION 07 9106 EMSEAL DSM PART1 GENERAL 1.1 ADMINISTRATIVE REQUIREMENTS A. Pre -Installation Conference: 1. Convene at Project site one week prior to beginning work of this Section. 2. Attendance: City inspector, joint seal installer, and related trades 3. Review and discuss: a. Joint seal manufacturer's requirements, project conditions, substrate requirements allowable structural movement at joints, and protection of completed work. b. Transitions in plane and direction, and requirement for continuity of seal through watertight transitions from wall expansion joint to other interfacing expansion joint systems at adjacent construction. 1.2 SUBMITTALS A. Action Submittals: 1. Shop Drawings: a. Indicate joint locations, dimensions, and adjacent construction. b. Provide details for transitions in plane and direction for continuity of seal through watertight transitions from wall expansion joint to other interfacing expansion joint systems at adjacent construction. 2. Product Data: Material description and application instructions. 3. Samples: a. Minimum 2 x 2 inch joint seal samples showing available colors. b. Minimum 6 inch long samples of each joint seal. B. Informational Submittals: 1. Manufacturer's certification that: a. Products are capable of withstanding temperature of 150 degrees F (65 degrees C) for 3 hours while compressed to minimum of movement capability dimension without evidence of bleeding of impregnation medium from material. b. Same material after heat stability test and after cooling to room temperature will self - expand to maximum of movement capability dimension within 24 hours at 68 degrees F (20 degrees C). 1.3 QUALITY ASSURANCE A. Manufacturer Qualifications: 1. Minimum 10 years documented experience in production of specified materials. 2. Certified to ISO 9001 and 14001. B. Installer Qualifications: Minimum 2 years documented experience in work of this Section. 1.4 DELIVERY, STORAGE AND HANDLING A. In accordance with manufacturer's instructions. December 8, 2021 SECTION 07 9106 - 1 EMSEAL DSM JOINT SEALS CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD PART 2 PRODUCTS 2.1 MANUFACTURERS A. Contract Documents are based on DSM Deck to Wall Joint System, by Emseal Joint Systems, Ltd., 800-526-8365, www.emseal.com. B. Substitutions: Not permitted. PART 3 EXECUTION 3.1 PREPARATION A. Clean joints thoroughly; remove loose and foreign matter that could impair adhesion or performance. 3.2 INSTALLATION A. Install joint seal in accordance with manufacturer's instructions and approved Shop Drawings. B. Remove joint seal from precompressed packaging, cut to correct length, immediately insert into joint, and allow to expand. C. Use temporary retainers if required to maintain joint seals in position until expansion is complete. END OF SECTION December 8, 2021 SECTION 07 9106 - 2 EMSEAL DSM JOINT SEALS CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD SECTION 09 9000 EXTERIOR PAINTING PART 1 - GENERAL 1.1 SUMMARY A. Provide painting work as specified and as shown, complete. The work includes the cleaning and preparation of all exterior surfaces to be painted or finished, and the painting and finishing of all exterior surfaces unless hereinafter excluded. B. "Paint" as used herein means all coating systems materials, including primers, emulsions, enamels, stains, sealers, and fillers, and other applied materials whether used as prime, intermediate, or finish coats. C. Paint exposed surfaces whether or not colors are designated in "schedules," expect where a surface or material is specifically indicated not to be painted or is to remain natural. Where an item or surface is not specifically mentioned, paint the same as similar adjacent materials or surfaces. If color or finish is not designated, the Architect will select from standard colors or finishes available. 1. Painting includes field painting exposed bare and covered pipes and ducts (including Color -coding), hangers, exposed steel and iron work and rimed metal surfaces of mechanical and electrical equipment. D. Work not to be painted: In general, the following items will not require finish unless specifically designated. 1. Anodized aluminum, stainless steel, chromium plate, brass, bronze and similar finished materials with not require finish painting, except as otherwise indicated. 2. Do not paint any moving parts or operating units, mechanical or electrical parts, such as valve and damper operators, linkages, sinkages, sensing devices, motor and fan shafts, unless otherwise indicated. 3. Labels: Do not paint over Underwriters' Laboratories, Factory Mutual or other code - required labels or equipment name, identifications, performance rating, or nomenclature plates. 4. Concealed Surfaces: Unless otherwise indicated, Painting is not required on wall or ceiling surfaces in concealed areas and inaccessible areas such as furred areas, pipe spaces, duct shafts as applicable to this project. Paint all exposed piping, equipment, and other such items a required. 5. Finish Hardware, except prime -coated items. 6. Walking surfaces. 7. Exterior masonry. E. Shop Priming: Unless otherwise specified, shop priming of ferrous metal items is included under various sections for structural steel, miscellaneous metal, hollow metal work, and similar items. Also, for shop -fabricated or factory -built mechanical and electrical equipment or accessories. December 8, 2021 SECTION 09 9000- 1 EXTERIOR PAINTING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 1.2 SUMBITTALS A. COMPLY WITH PERTINENT PROVISIONS OF Section 01300. B. Product Data: Manufacturer's technical information, label analysis, and application instructions for each material proposed for use. List each material and cross-reference the specific coating and finish system and applications. Identify each material by the manufacturer's catalog number and general classification C. Samples: After receipt of Architect's color schedule, submit samples for Architect's review of color and texture only. Provide a listing of material and applications for each coat of each finish samples. Provide three 8-1/2" x 11" painted samples of each color and material, with texture to simulate actual conditions. Resubmit samples as required by Architect until acceptable sheen, color, and textures is achieved D. Maintenance Materials: Provide Owner with unopened, clearly labeled containers of each type and color of paint used. Provide a minimum of 2% of quantities actually used, but not less than one (1) gallon each. 1.3 QUALITY ASSURANCE A. Single -Source Responsibility: Provide primers and undercoat paint produced by the same manufacturer as the finish coats. B. Codes and Standards: Conform work and materials to regulations of State Fire Marshall, Safety Color Coding in conformance with OSHA, and all local or State Ordinances, having jurisdiction. Conform to the most stringent requirements and authorities having jurisdiction. 1. Conform to the requirements of the California Air Resources Board (CARB) C. Approved Equal: Material or products specified herein by trade name shall be provided as specified. Reference to brands names shall be interpreted as establishing a standard of quality and shall not be construed as limiting competition. Brand names where used in specifications shall be presumed to be followed bywords "or approved equal". Such approval will be granted only as set forth in in the Contract Documents and with certification that materials submitted are equal or superior to brand names in specifications in construction, efficiency and utility. 1.4 DELIVERY, STORAGE, AND HANDLING A. Deliver materials to the job site in the manufacturer's original, unopened packages and containers bearing manufacturer's name and label and the following information: 1. Product name or title of material. 2. Product description (generic classifications or binder type). 3. Federal Specification number, if applicable. 4. Manufacturer's stock number and date of manufacture. SECTION 09 9000 December 8, 2021 - 2 EXTERIOR PAINTING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 5. Contents by volume, for pigment and vehicle constituents. 6. Thinning instructions. 7. Application instructions. 8. Color name and number. B. Store materials not in use in tightly covered containers in a well -ventilated area at a minimum ambient temperature of 45 deg F (7 deg C). Maintain containers used in storage in a clean condition, free of foreign materials and residue. Keep storage area neat and orderly. Remove oily rags and waste daily. Take necessary measure to ensure that workers and work areas are protected from fire and health hazards resulting from handling, mixing, and application. 1.5 PROJECT CONDITIONS A. Apply water-based paints only when the temperature of surfaces to be painted and surrounding air temperatures are between 50 deg F (10 deg C) and 90 deg F (32 deg C). B. Apply solvent -thinned paints only when the temperature of surfaces to be painted and surrounding air temperatures are between 45 deg F (7 deg C) and 95 deg F (35 deg C). C. Do not apply paint in rain, fog, or mist, when the relative humidity exceeds 85 percent, at temperatures less than 5 deg F (3 deg C) above the dew point, or to damp or wet surfaces. Painting may continue during inclement weather if surfaces and areas to be painted are enclosed and heated within temperature limits specified by the manufacturer during application and drying periods. D. Painting Work by Other Trades: Examine drawings and specifications including requirements specified in other sections for painting work by other trades. Notify Architect in writing of any conflict between work of this section and that of other trades and sections, and any errors, omissions or impractical requirements. All surfaces that are left unfinished by the requirements of their specification shall be painted or finished as specified as work of this section. PART 2 -PRODUCTS 2.1 MATERIAL QUALITY A. Provide best quality grade of various types of coatings as regularly manufactured by acceptable paint materials manufacturers. Material not displaying manufacturer's identification as standard, best -grade product will not be acceptable. B. Unless otherwise specified or approved, use paint products of one manufacturer. Oils, thinners, dryers, primers and catalyst shall be approved for used by manufacturer of paint. C. Provide paints of durable and washable quality. Do not use paint materials, which will not withstand normal washing, as required to remove pencil marks, ink, ordinary soils, etc., without showing discoloration loss of gloss, staining or other damage. December 8, 2021 SECTION 09 9000- 3 EXTERIOR PAINTING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD D. Provide undercoat paint produced by same manufacture as finish coat. Use only thinners approved by paint manufacturer and use only within recommended limits. 2.2 COLORS AND FINISHES: A. Manufacturer's catalog names and numbers are used to aid in establishing kind and quality of material required and are not used as an indication of color desired. B. Opaque Pain and Hardwood Transparent Finish Materials: Systems specified herein, are products of ICI Dulux Paints. Equivalent opaque and hardwood transparent finish products manufactured by the following will be acceptable, as approved by the Architect. Dunn -Edwards C. The repainting of the fence will match the color of the existing fence. D. Paint Coordination: Provide finish coats which are compatible with the prime paints used. Review other sections of these specifications in which prime paints are to be provided to ensure compatibility of the total coatings system for various substrates. Upon requests from other subcontractors, furnish information on the characteristics of the specified finish materials, to ensure that compatible prime cost is used. Provide barrier coats over incompatible primers or remove and reprime as required. Notify the Architect in writing of any anticipated problems using the coating system as specified with substrates primed by others. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions under which painting will be performed for compliance with requirements for application of paint. Do not begin paint application until unsatisfactory conditions have been corrected. Start of painting will be construed as the Applicator's acceptance of surfaces and conditions within a particular area. 3.2 PREPARATION A. General Procedures: Remove hardware and hardware accessories, plates, machined surfaces, lighting fixtures, and similar items in place that are not to be painted or provide surface -applied protection prior to surface preparation and painting. Remove these items if necessary for complete painting of the items and adjacent surfaces. Following completion of painting operations in each space or area, have items reinstalled by workers skilled in the trades involved. Clean surfaces before applying paint or surface treatments. Remove oil and grease prior to cleaning. Schedule cleaning and painting so that dust and other contaminants from the cleaning process will not fall on wet, newly painted surfaces. 2. Provide barrier coats over incompatible primers or remove and reprime. Notify Architect in writing of problems anticipated with using the specified finish -coat material with substrates primed by others. 3. Clean floors in room being painted of all loose dirt and dust before painting is started. SECTION 09 9000 December 8, 2021 - 4 EXTERIOR PAINTING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 4. Cementitious Materials: Prepare concrete, concrete masonry block, cement plaster, and mineral -fiber -reinforced cement panel surfaces to be painted. Remove efflorescence, chalk, dust, dirt, grease, oils, and release agents. Roughen as required to remove glaze. If hardeners or sealers have been used to improve curing, use mechanical methods of surface preparation. a. Use abrasive blast -cleaning methods if recommended by the paint manufacturer. b. Fill cracks, holes, and other blemishes with Portland cement patching plaster or a stiff paste mixed of finish paint and fine sand, finished to match adjoining surface. 5. Uncoated Steel and Iron: Wash all surfaces with mineral spirits to remove and dirt or grease before applying paint. Where rust or scale is present, it shall be wire brushed and sandpapered clean. Clean field welds and abraded portions of field welded and erected ferrous metal components. 6. Shop Coated Work: Thoroughly clean of all oil, grease, dirt and foreign matter. Spot prime field connections, welds, soldered joints, and burned and abraded portions. Factory finished surfaces indicated to be repainted shall be sanded or etched to increase adherence of finish coats. Galvanized Surfaces: Clean galvanized surfaces with non -petroleum-based solvents so that the surface is free of oil and surface contaminants. Remove pretreatment form galvanized sheet metal fabricated from coil stock by mechanical methods. B. Materials Preparation: Carefully mix and prepare paint materials in accordance with manufacturer's directions. Maintain containers used in mixing and applications of paint in a clean condition, free of foreign materials and residue. 2. Stir material before application to produce a mixture of uniform density; stir as required during application. Do not stir surface film into material. Remove film and, if necessary, strain material before using. Use only thinners approved by the paint manufacturer, and only within recommended limits. 3.3 APPLICATION A. Apply paint in accordance with manufacturer's directions. Use applicator and techniques best suited for substrate and type of material being applied. B. Backprime all exterior wood. C. Backprime interior wood that will be set against plaster, concrete or masonry surfaces. D. Wood Doors: Roll and redistribute paint to an even and fine texture. Leave no evidence of rolling such as laps, irregularity in texture, skid marks, or other surface imperfections. E. Signs, Numbers, and Graphics: Obtain services of a professional sign painter for application of painted signs, numbers and graphics. December 8, 2021 SECTION 09 9000- 5 EXTERIOR PAINTING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD F. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint film. 1. Provide finish coats that are compatible with primers used. 2. Minimum Coating Thickness: Apply each material at not less than the manufacturer's recommended spreading rate, to provide a total dry film thickness of not less than 5.0 mils for the entire coating system of prime and finish coasts for three coat work. Provide a total dry film thickness of not less than 3.5 mils for the entire coating system of prime and finish coat for two -coat work. 3. Apply additional coats when undercoats, stains, or other conditions show through final coat of paint until paint film is of uniform finish, color, and appearance. Give special attention to ensure that surfaces, including edges, corners, crevices, welds, and exposed fasteners, receive a dry film thickness equivalent to that of flat surfaces. 4. The term "exposed surfaces" includes areas visible when permanent or built-in fixtures, convector covers, covers for finned tube radiation, grilles, and similar components are in place. Extend coating in these areas as required to maintain the system integrity and proved desired protection. 5. Paint surfaces behind movable equipment and furniture same as similar exposed surfaces. Paint surfaces behind permanently fixed equipment or furniture with prime coat only before final installation of equipment. 6. Paint interior surfaces of ducts, where visible through registers or grilles, with a flat, nonspecular black paint. 7. Paint backsides of access panels and removable or hinged covers to match exposed surfaces. G. Included Work: Finish tops, bottoms, and edges of doors same as balance of door after door has been fitted by Carpenter. Where doors open into rooms or spaces having different finishes, communicating doors shall have edges finished as directed. Where walls are specified to be painted, include all columns, arises, reveals, soffits, returns, and the like. H. Priming: Where shop coats and touch-up painting is specified under other sections of the work, omit prime coat. Prime all un -galvanized ferrous metals. Prime all doors requiring paint, as soon as possible after delivery to job. Prime all edges created by louver and glazing cutouts. 3.4 CLEANING A. Cleanup: At the end of each workday, remove empty cans, rags, rubbish, and other discarded paint materials form the site. B. Upon completion of painting, clean glass and paint -spattered surfaces. Remove spattered paint by washing and scraping, using care not to scratch or damage adjacent finished surfaces. 3.5 PROTECTION A. Protect work of other trades, whether to be painted or not, against damage by painting. Correct damage by cleaning, repairing or replacing, and repainting, as acceptable to Architect. SECTION 09 9000 December 8, 2021 - 6 EXTERIOR PAINTING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD B. Provide "wet paint' signs to protect newly painted finishes. Remove temporary protective wrappings provided by others for protections of their work after completion of painting operations. At completion of construction activates of other trades, touch up and restore damages or defaced painted surfaces. 3.6 PAINT SYSTEM SCHEDULE A. Provide following paint systems for various substrates, as indicated. B. Exterior Surfaces: Cement Plaster (Flat 100% Acrylic): Two Coats: No. SA 1300 Stuc-O-Life, 100% Acrylic. (Paint over finish plaster color coat) Galvanized Metal (Enamel Finish): Pretreatment: ICI Devoe Coatings No. 88 Devprep 1St Coat: ICI Sinclair No. SA14N Corro Prime 2nd & 3rd Coats: ICI Sinclair No. SAGX22 Sash and Trim Enamel Un -galvanized Metal (Enamel Finish): 1St Coat: ICI Devoe Coatings No. 4160 Devguard Primer 2nd & 3rd Coats: ICI Sinclair No. SAGX22 Sash and Trim Enamel 4. Metal (Flat 100% Acrylic Finish) Pretreatment (Galvanized Metal ICI Devoe Coatings No. 88 Devprep) 1St Coat: Galvanized: ICI Sinclair No. SA14N Corro Prime Ferrous: ICI Devoe Coatings No. 4160 Devguard Primer Aluminum: ICI Sinclair No. SA14N Corro Prime 2nd & 3rd Coats: ICI Sinclair No. SA1300 Stuc-O-Life, 100% Acrylic END OF SECTION December 8, 2021 SECTION 09 9000- 7 EXTERIOR PAINTING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD SECTION 12 9300 SITE FURNISHINGS PART 1 - GENERAL 1.1 DESCRIPTION A. Related Requirements: Review the General Contract Conditions and Division One, General Requirements, which contain information and requirements that apply to this section. B. Furnish all materials, labor, transportation, services, and equipment necessary to furnish and install site furnishings as shown on the Drawings and as specified herein. C. Work included in this Section: 1. Installation of Drinking Fountain including new foundation (if Alternate Bid Item is accepted by the City) and connecting to existing water and drain lines. D. Related Work in other Sections: 1. Section 03 3300 Cast In Place Concrete 2. Section 32 1314 - Concrete Paving. 1.2 QUALITY ASSURANCE A. Manufacturer's Directions: 1. Manufacturer's directions and drawings shall be followed in all cases where the manufacturers of articles used in the Section furnish directions covering points not shown in the Drawings and Specifications. B. Project Assurance: 1. Do not fabricate components, which require fitting to structural elements or into finished spaces until dimensions have been verified in the field. 1.3 SUBMITTALS A. The specific submittal requirements of this section shall be guided by Division 1. 2. Product Data: 1. Submit manufacturer's catalog cuts and a typed listing of all products specified in this Section, Including samples of each type of mounting anchors. B. Shop Drawings: 1. Submit for review and approval all manufacturers' catalogue information or shop drawings indicating size, materials, finishes, specifications, installation methods and quantities of items being supplied. The Shade Structure shall be completed engineered and shop drawing sealed by a licensed structural engineer submitted as a deferred submittal December 8, 2021 SECTION 12 9300 - 1 SITE FURNISHINGS CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 1.4 PRODUCT HANDLING A. Delivery: 1. Deliver all specified products on-site in their original unopened packages for review by Engineer. If damage has occurred to the product(s), the Contractor shall be responsible to replace it (them) with matching new product(s) at his own expense. B. Storage: 1. Store materials in a dry and protected location. Protect from damage, deformation, staining, and moisture damage. C. Protection: 1. Protect products from damage due to Contractor negligence, vandalism and inclement weather. 1.5 COORDINATION A. The Contractor shall notify all other trades, such as plumbers, electricians and concrete installers in ample time to install his work, including sleeves, bolts and drains. PART 2 - PRODUCTS 2.1 DRINKING FOUNTAIN As manufactured by Elkay Manufacturing Company (800) 476-4106 Specifications are as follows: Series: Elkay Outdoor EZH2O Bottle Filling Station Bi -Level Model No: LK4420BFl UDBEVG Size: 26" Length, 64" tall Color: TBD Options: Free Standing/Surface Mount Quantity: Two total PART 3 - EXECUTION 3.1 INSTALLATION A. Dimensions upon which work of this Section may be contingent upon shall be verified by the Contractor at the job site to ensure proper placement and fit of the site furnishings specified. B. Work shall be set plumb, level, and true to line and shall present a neat and finished appearance. Include setting each item in its correct place, fastening it, connecting it, or incorporating it into other portions of the work, as each item may require. C. The work of this Section shall include the furnishing of anchors and adhesives required for installing and attaching the equipment specified herein. All furnishings shall be installed per manufacturers' recommendations unless noted otherwise in the Drawings. SECTION 12 9300 December 8, 2021 - 2 SITE FURNISHINGS CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD All anchoring materials shall be stainless steel unless otherwise permitted by Engineer. D. Adequately protect all work from damage by subsequent construction operations. Damaged work shall be replaced by Contractor at no cost to the Owner. 3.2 DRINKING FOUNTAINS A. Locate as indicated on the Drawings. Review Location Engineer. Assemble after location is approved. Anchor per Manufacturer's Instructions. B. Upon completion of the work under this Section, remove all rubbish, waste and debris resulting from his operations offsite. Remove all equipment and leave the entire work area in a neat and clean condition as accepted by the Engineer. END OF SECTION December 8, 2021 SECTION 12 9300 - 3 SITE FURNISHINGS CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD SECTION 13 3123 TENSION FABRIC STRUCTURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions and Division 1 Specification Sections, apply to this section. 1.2 SUMMARY A. The contractor shall be responsible for the complete design, engineering, fabrication, supply and installation of the shade structure and work specified herein. The intent of this specification is to have only one contractor be responsible for the above functions. 1.3 SUBMITTALS A. With Bid Submittal: 1. Provide proof of installed reference sites with structures for similar scope of project and installation that are engineered to current building codes. Include in reference list 5 structures similar in design to the structures shown on the plans B. Award of Contract Submittals: 1. The Contractor shall make a deferred submittal, providing wet sealed structural engineering drawings and calculations. 2. Provide fabric samples and powder coat colors for final order selection. 1.4 QUALITY ASSURANCE A. All bidders shall have at least 10 years experience in the design, engineering, manufacture, and installation of structures, engineered to California Building Code requirements with similar scope and a successful construction record of in-service performance. B. All bidders shall be able to provide proof with bid submittal of meeting the insurance requirements of the General Conditions. C. All bidders shall be a licensed contractor in the state of California and shall be bonded and provide proof of a minimum bonding capacity of $6,000,000 with bid. D. Manufacture shall be accredited by the IAS (International Accreditation Service) for Structural Steel Fabrication under UBC 97 & 2000 Section 1701.7 and IBC 2000 Section 1704.2.2. 1.5 PROJECT CONDITIONS A. Field Measurements: Verify layout information for shade structures shown on the Drawings in relation to existing structures, benches, trees and hardscape and verify locations by field measurements prior to construction. 1.6 WARRANTY 1. The successful bidder shall provide a 12 month warranty on all labor and materials. 2. A supplemental warranty from the manufacturer shall be provided for a period of 5 years on fabric and 10 years on the structural integrity of the steel from date of substantial completion. December 8, 2021 SECTION 13 3123 - 1 TENSION FABRIC STRUCTURES CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 3. The warranty shall not deprive the Owner of other rights the Owner may have under the provisions of the Contract Documents and will be in addition to and run concurrent with other warranties made by the Contractor under requirements of the Contract Documents. PART 2 - PRODUCTS 2.1 GENERAL A. Design -Build Package: The structures shall be a custom sail, triangular in shape to the dimensions found in 2.2 Shade Structure and as shown on the plans. The proposed custom structure(s) as designed, engineered, manufactured and installed by Skyways, a brand of Landscape Structures Inc., or approved equal, shall be considered a design -build project. The proposed structure shall be modular and pre -fabricated and include the structural steel frame, fabric roof, steel cables, all fasteners and foundation hardware, and installation of structure(s) including foundations. Deferred Structural Submittals will be the responsibility of the Manufacturer. 1. The supplied units shall be designed by manufacturer to maximize coverage while working around existing site conditions. 2. All fabric tops must be connected to the structural frame via an internal Rapid Release system, designed to improve removal of the fabric tops in the winter months. B. All modular shades structures shall be palletized and shipped as a pre -fabricated package. This should include structural frame members, fabric roof, all fasteners, and installation manual. The palletized shipment should have a central pick -point so that the shipment can safely and easily be unloaded via forklift equipment. 2.2 Shade Structure As manufactured by Landscape Structures/Skyways (888) 438-6574. Specifications are as follows: Series: Skyways Model No: 3 Post Shade Sails Size: 22'x22'x22' & 22'-9"x21'x19-6", 13' and 10' Posts Height Color: To Match Existing Shade Structure at Large Dog Park Quantity: Two total A. To qualify as an approved equal, please submit alternate product documentation, footing design and engineering calculations, fabric samples and quality assurance criteria as per section 1.4 at least 10 days prior to bid opening to be considered. City of Newport Beach will make the final determination on accepting any substitutions. B. The shade structure shall conform to the current adopted version of the California Building Code 2019 including local agency amendments and additions to the code. C. All shade structures should be engineered and designed to meet a minimum of 105 mph wind load, Exposure C and seismic (earthquake) load based on Zone 4. All shade structures shall be engineered with a zero wind pass through on the fabric. SECTION 13 3123 December 8, 2021- 2 TENSION FABRIC STRUCTURES CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD D. Steel: 1. All steel members of the shade structure shall be designed in strict accordance with the requirements of the "American Institute of Steel Construction" (AISC) Specifications and the "American Iron and Steel Institute" (AISI) Specifications for Cold Formed Members and manufactured in an (IAS) accredited facility. 2. All connections shall have a maximum internal sleeving tolerance of .0625 inches using high tensile strength steel sections with a minimum sleeve length of 10 inches. 3. All non -hollow structural steel members shall comply to ASTM A-36. All hollow structural steel members shall be cold formed, high strength steel and comply with ASTM A-500, Grade B or C as required. 4. All steel plates shall comply to ASTM A-572, Grade 50 or to ASTM A-36 as required. E. Bolts: 1. All structural field connections of the shade structure shall be designed and made with high strength bolted connections using either ASTM A-325, Grade B or SAE J249, Grade 8 as required. 2. All stainless steel bolts shall comply with ASTM F-593, Alloy Group 1 or 2. 3. All bolt fittings that secure sleeve connections shall include rubber washer for water tight seal at joints. 4. All nuts shall comply with ASTM F-594, Alloy Group 1 or 2. Welding: 1. All shop welded connections of the shade structure shall be designed and performed in strict accordance with the requirements of the "American Welding Society" (AWS) Specifications. 2. Structural welds shall be made in compliance with the requirements of the "Prequalified" welded joints where applicable and by certified welders. 3. No onsite or field welding shall be permitted. 4. All full penetration welds shall be continuously inspected by an independent inspection agency and shall be tested to the requirement of 2007 CBC. G. Powder coating: 1. Carbon structural steel tubing preparation prior to powder coating shall be executed in accordance to commercial blast cleaning SSPC-SP6 or NACE #3. 2. A commercial blast cleaned surface, when viewed without magnification, shall be free of all visible oil, grease, dirt, mill scale, rust, coating, oxides, corrosion, as well as other products or foreign material. 3. All metal parts and surfaces, except hardware, shall be coated with ProShield finish where a minimum .002" of epoxy zinc rich primer is applied. A minimum .004" of architectural -grade Super Durable polyester TGIC powder is applied. The average ProShield film thickness is .006". 4. ProShield is formulated and tested per the following ASTM standards. Each color must meet or exceed the ratings listed below: a. Hardness (D3363) rating 2H b. Flexibility (D522) pass 1/8" mandrel C. Impact (D2794) rating minimum 80 inch -pounds d. Salt Fog Resistance (6117 and D1654) 4,000 hours and rating 6 or greater e. UV Exposure (G154, 340 bulb) 3,000 hours, rating delta E of 2, and 90 percent gloss retention f. Adhesion (D3359, Method B) rating 5 5. Manufacturer to provide Hatch Test results to verify finish adhesion. 6. Manufacturer to provide in -process quality reports results to verify finish thickness. 7. Manufacturer to provide in -process quality reports results to verify complete cure of the finish. December 8, 2021 SECTION 13 3123 - 3 TENSION FABRIC STRUCTURES CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD H. Fabric Tension Cable: 1. All steel cables diameters and types, shall be determined based on calculated engineering load. 2. Structural wire rope cables shall conform to the latest revision of ASTM A 603, "Standard specification for zinc -coated steel structural wire rope". 3. Structural strand cables shall conform to the latest revision of ASTM A 586, "Standard specification for zinc -coated parallel and helical steel wire structural strand". 4. Seven wire pre -stressing strand shall conform to the latest revision of ASTM A 416, "Standard specification for uncoated seven wire stress relieved strand for pre -stressed concrete", and shall be grade 270. Fabric Roof Systems: 1. UV Shade Fabric: Color to be selected by City. 2. UV Shade Fabric shall be made of UV -stabilized high-density polyethylene (HDPE). This mesh fabric must be lock stich knit with monofilament and tape yarn. 3. Fabric Weight shall be 8.7 Oz/SQFT. 4. Fabric shall conform to and pass the ASTM E-84 testing standard, NFPA701 Test Method 1 and 2 standards, and the CSFM 1237.1 Title 19 standard. 5. Fabric shall have a life expectancy of 12 -year minimum with continuous sun exposure. 6. Fabric shall have minimal fading after 5 years of continuous exposure to the elements. 7. Tensile Strength Warp, 206.82 lbs / Weft, 368.68 lbs 8. Elongation Warp, 111.7% / Weft, 58.1 % 9. Tear Strength Warp, 39.56 lbs / Weft, 53.05 lbs 10. Burst Pressure 456 (psi) 11. Burst Strength 359.02 lbs 12. Fabric shall block a minimum of 88.5% of the UV Spectrum. 13. Fabric shall provide a minimum of 58.9% Shade Factor. 14. All fabric joints to be prefabricated, no sewing is allowed on site. 15. Thread shall be manufactured from 100% expanded polytetrafluoroethylene (PTFE). This mildew -resistant, exterior -approved thread shall meet or exceed the following: a. Flexible temperature range b. Very low shrinkage factor C. Extremely high strength; durable in outdoor climates d. Resists flex and abrasion of fabric e. Unaffected by cleaning agents, as well as acid rain, mildew, saltwater f. Rot -resistant, and unaffected by most industrial pollutants g. Specially treated for prolonged exposure to the sun h. Lockstitch thread - 1200 Denier or approved equal i. Chain stitch thread - 1200 Denier or approved equal 16. All corners shall be reinforced with extra non -tear fabric and strapping to properly distribute load(s). 17. The perimeters of the fabric top that contain the cables shall be double lockstitches. 18. Rapid Release system designed to improve the removal/reinstallation process of the fabric. a. This system must be integrated internally into the structure, and is not an external hardware attachment. b. This system must have superior corrosion resistance than the typical finish of the structure. C. The mechanism of this system must function with an Acme Threaded Rod. PART 3 - EXECUTION 3.1 INSTALLATION A. Installations of shade structures shall be performed by a State of CA licensed and bonded contractor with certified Rope Access Technicians on staff with experience in tension fabric structures. SECTION 13 3123 December 8, 2021- 4 TENSION FABRIC STRUCTURES CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD B. The contractor installing the structure shall comply with manufactures instructions for assembly, installation, and erection per approved drawings. C. Concrete: 1. Concrete work shall be executed in accordance with the latest edition of American Concrete Building Code ACI 318. 2. Concrete specifications shall comply in accordance with the section 03 3000, and detailed as per plans, shall be as follows: a. 28 Days Strength F'c = 3000 psi b. Aggregate: HR c. Slump: 3 — 5 d. Portland Cement shall conform to C-150 e. Aggregate shall conform to ASTM C-33 3. All reinforcement shall conform to ASTM A-615 grade 60. 4. Reinforcing steel shall be detailed, fabricated, and placed in accordance with the latest ACI Detailing Manual and Manual of Standard Practice. 5. Whenever daily ambient temperatures are below 80 degrees Fahrenheit, the contractor may have mix accelerators and hot water added at the batch plant (See Table 1). 6. The contractor shall not pour any concrete when daily ambient temperature is below 55 degrees Fahrenheit. TABLE 1 D. Foundations: 1. All Anchor Bolts set in new concrete shall be ASTM A-325. 2. All Anchor Bolts shall be Hot Dipped Galvanized. 3. Footings shall be placed in accordance with and conform to manufacturers engineered specifications and drawings. END OF SECTION December 8, 2021 SECTION 13 3123 - 5 TENSION FABRIC STRUCTURES Temperature Range % Accelerator Type Accelerator 75-80 degrees 1% High Earl non calcium 70-75 degrees 2% High Earl non calcium Below 70 degrees 3% High Earl non calcium D. Foundations: 1. All Anchor Bolts set in new concrete shall be ASTM A-325. 2. All Anchor Bolts shall be Hot Dipped Galvanized. 3. Footings shall be placed in accordance with and conform to manufacturers engineered specifications and drawings. END OF SECTION December 8, 2021 SECTION 13 3123 - 5 TENSION FABRIC STRUCTURES CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD SECTION 32 1314 CONCRETE PAVING PART 1 - GENERAL 1.1 GENERAL CONDITIONS A. Related Requirements: Review the General Contract Conditions and Division One, General Requirements, which contain information and requirements that apply to this section. B. Work Included in this section: 1. Portland cement concrete for sidewalks and flatwork as shown on the plans. C. Work related in other sections 1. Standard Specifications — Section 201 — Concrete, Mortar and Related Materials, Section 300 Earthwork and Section 303 Concrete and Masonry Construction. 2. Section 07 9005 — Joint Sealants 1.2 REFERENCES A. Standard Specifications: Standard Specifications for Public Works Construction ("Green Book"), by Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California Districts of the Associated General Contractors of California. 1.3 SUBMITTALS A. Product Data: All manufactured products, including joint fillers, admixtures and curing compounds. B. Shop Drawings: Submit shop drawings indicating locations of construction joints and score lines that are different from the locations shown on the plans C. Concrete Mix Submittals: 1. Concrete mix design: For each type of concrete and each compressive strength required by the Contract Documents. 2. Test data: When and as directed by Inspector of Record/Construction Manager, submit certified laboratory test reports confirming physical characteristics of materials used in the performance of the Work specified in this Section. 1.4 QUALITY ASSURANCE A. Industry Standard: Perform concrete paving Work in accordance with ACI 301. B. Regulatory Requirements: Where reference is made to Standard Specifications, the following shall apply. 1. Perform on-site Work as indicated and referenced on the Contract Drawings and as specified herein. C. Source Quality Control: Obtain like materials from one source throughout. December 8, 2021 SECTION 21 1314- 1 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD D. Lines and Levels: Established by licensed Surveyor. Costs of surveying services shall be included in the Contract Sum. E. Industry Standard: Perform concrete paving Work in accordance with ACI 301. F. Pre -Construction Meeting: 1. Schedule at least (2) weeks prior to beginning of work, a Pre -Construction Meeting with Owner, General Contractor, and other contractor's that may be affected by the Contractor's work. 2. Record relevant discussions of Pre -Construction Meeting including decisions, directions and agreements reached that effect the Contractor's work. 3. Furnish copies of report to parties in attendance. 4. Review methods and procedures related to work of this Section, including, but not limited to the following: a) Submittals. b) RFI's. c) Required materials, tools, and procedures. d) Construction schedule and sequencing of work. e) Construction details. f) Construction schedule and sequencing of work. g) Coordination with other trades and site conditions. h) Procedures for coping with unfavorable weather conditions. i) Waste disposal. j) Testing, inspections, reviews and procedures for approvals. G. Testing: 1. Owner will incur costs for required tests and inspections, except re -tests and re - inspections required due to failures by the Contractor. 2. Owner will choose a qualified testing agency. If not, the Contractor's recommended testing agency may be hired as long as requirements of ASTM C 1077 are met and personnel conducting laboratory tests are certified as ACI Concrete Laboratory Technician, Grade 1. Field testing to be conducted by personnel certified as ACI Concrete Field Testing Technician, Grade 1. 3. Samples of materials may be taken and analyzed for conformity to this Section. If requested, furnish samples to Engineer. H. Concrete Batch Plant Tickets: 1. Provide Engineer with concrete batch plant tickets for each concrete load delivered. Ensure that each ticket contains mix design number, type of cement, fine and coarse aggregates, admixtures, initial mix time, initial quantity of water added, total quantity of water allowed and signature of ready -mix plant dispatcher. 2. List color additives by designating manufacturer, product number and name. Protection of Existing Paving: Limit transport trucks to 12 -ton cartage, so that existing paving is not subject to overweight damage. All damage to existing paving and other improvements shall be repaired or replaced by Contractor at no change in Contract Sum and Contract Time. SECTION - 32 1314 - 2 December 8, 2021 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 1.5 DELIVERY, STORAGE AND HANDLING A. Delivery, Storage and Handling: Comply with requirements specified for regular concrete in Section 303 Concrete and Masonry Construction B. Colored Admixture: Comply with manufacturer's instructions. Deliver colored admixtures in original, unopened packaging. Store in dry conditions. 1.6 PROJECT CONDITIONS A. Water and Dust Control: Maintain control of concrete dust and water at all times. Do not allow adjacent planting areas to be contaminated. B. Schedule delivery of concrete to provide consistent mix times from batching until discharge. Mix times shall meet manufacturer's written recommendations. C. Concrete Environmental Requirements: 1. Schedule placement to minimize exposure to wind and hot sun before curing materials are applied. 2. Avoid placing concrete if rain, snow, or frost is forecast within 24 -hours. Protect fresh concrete from moisture and freezing. 3. Comply with professional practices described in ACI 305R and ACI 306R. D. Ensure that substrate to receive concrete paving is acceptable prior to beginning Work. Do not begin Work until unsatisfactory conditions have been rectified to Engineer's satisfaction. E. Sequencing and Scheduling of Work: 1. Other Trades Work: a) Coordinate with other trades, items that need to be furnished and set in place prior to beginning Work. b) Install accessories embedded in concrete for provision of holes, vaults, and openings, necessary to execution of other trades work. c) After wood forms have been placed and approved by the Engineer, immediately notify other trades in order to give them sufficient time to complete their portion of work. F. Do not place concrete when subbase surface temperatures are below 40 degrees F or when surfaces are wet. 1.7 COORDINATION A. Ensure that utilities including irrigation sleeves and other surface elements such as plaques, lids, and boxes, are coordinated with other trades prior to placing concrete. 1.8 INSPECTION OF SITE A. Verify conditions at site that affect Work of this Section. Report significant discrepancies between actual field conditions and Drawings to the Engineer for resolution prior to commencing work. December 8, 2021 SECTION 21 1314- 3 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD PART 2 - PRODUCTS 2.1 BASE MATERIALS A. Soil: As specified in Section 400 Alternate Rock Products. 2.2 COLORS A. Concrete Colors: Provide cement, sand aggregate and colored admixture as required to match existing paving. 2.3 FORM MATERIALS (IF REQUIRED) A. Form Materials: Steel or wood, at Contractor's option, profiled to suit Project conditions, to the lines and grades shown on Drawings. 1. Lumber shall be S4S No. 2 or better Douglas fir. At straight forms, use 2x lumber. At curved forms, provide laminated 1x lumber or plywood. 2. Soil forms are not permitted to form paving work. B. Formwork: Construct formwork to result in concrete formed the lines, profiles and grades shown on Drawings. Provide adequate bracing in conformance with the general material requirements. Soil forms shall not be used for Portland cement concrete paving. C. Headers and Stakes: Pressure preservative treated Douglas fir, 2x6 nominal sizes except at curves provide laminated 1x6. Use hot dipped galvanized nails only. 2.4 REINFORCEMENT A. Reinforcement, General: As indicated on the Drawings and specified following. B. Steel Reinforcing Bars, On -Site Work: ASTM A 61 5, Grade 60, unless otherwise indicated, deformed billet steel bars, clean and free from rust, scale and coatings that would reduce bond. Unless otherwise indicated on the Drawings, provide minimum No. 4 reinforcing bars at 12" on center each way. C. Dowels: Smooth or deformed epoxy coated steel reinforcing bars, as indicated on the Drawings and to work with dowel sleeves specified below. 1. Steel shall be fully epoxy coated in accordance with ASTM 775, by a plant certified by the Concrete Reinforcing Steel Institute. 2. Fiberglass dowels may be used as a substitute for dowels at no additional cost to City: Provide the following, or equal: a) Fiberdowel, as manufactured by RJD Industries, Laguna Hills, CA 92653 (800)344-4753, www.r'dindustries.com, or approved equal. D. Dowel Sleeves: Speed Dowel slip -dowel system, as manufactured by Greenstreak, (800)325- 9504, or equivalent in accordance with the "or equal" provision specified in Section 01630 — Substitutions. 1. Sleeves shall be two-piece design, with sleeve to slip over smooth or deformed reinforcing bar and base plate to secure sleeve in form. 2. Sleeve materials shall be polypropylene plastic. SECTION - 32 1314 - 4 December 8, 2021 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD E. Supports for Reinforcement: Wire -bar -type chairs, bolsters, bar supports and spacing devices, complying with CRSI Manual of Standard Practice, for spacing, supporting and fastening reinforcing bars and welded wire fabric in place. Provide size and shape as required for strength and support of reinforcement during reinforcement installation and concrete placement. F. Tie Wires: 18 gage minimum, black annealed steel. G. Reinforcement Fabrication: To required shapes and dimensions, in accordance with Standard Specifications 201-2 and 303-1.7.3. 2.5 NATURAL COLOR CONCRETE MATERIALS A. Concrete Materials, General: 1. Comply with Standard Specifications for site paving. 2. For exterior slabs on grade comply with requirements specified in Division 3 - Concrete. B. Portland Cement: Class 560-C-3250. C. Fine and Coarse Aggregates: ASTM C 33, clean, hard and durable. 1. Fine aggregates: Manufactured or natural sand. Fine aggregates shall be from single source and of like visual appearance. Fly Ash will not be allowed. 2. Coarse aggregates: Size ranging from 3/8 -inch to 1/2 -inch. Coarse aggregates shall be from single source and of like visual appearance. D. Chemical Admixtures: ASTM C 49 4, types as follows. Admixtures which result in more than 0.1 percent of soluble chloride ions by weight of cement are prohibited. Use no admixtures not included in mix design. Admixtures used in integral -color concrete shall comply with requirements of manufacturer of color additive and finishing products. 1. Water Reducing: Type A. 2. Set Retarding: Type B. 3. Set Accelerating: Type C. 4. Water Reducing and Set Retarding: Type D. 5. Water Reducing and Set Accelerating: Type E. 6. High Range Water Reducing Type F and G. E. Curing Compounds for Natural Color Concrete: Non -staining, dissipating resin, conforming to ASTM C 309, Type 1, Class B, translucent, complying with applicable air quality (VOC) regulations. 1. W. R. Meadow's Sealtight 1100. 2. L&M Cure R, manufactured by L&M Construct ion Chemicals, or approved equal. F. Water: Clean and not detrimental to concrete. 2.6 INTEGRALLY COLORED CONCRETE MATERIALS (If Required to Match Existing) A. Colored Admixture for Integrally Colored Concrete: CHROMIXO Admixtures for Color - Conditioned Concrete including CHROMIX P° Admixtures, CHROMIX ML° Admixtures or CHROMIX LO Admixtures; L. M. SCOFIELD COMPANY. 1. Admixture shall be a colored, water -reducing, admixture containing no calcium chloride with coloring agents that are lime proof and ultra -violet resistant. 2. Colored admixture shall conform to the requirements of ACI 303.1, ASTM C979, ASTM C494 and ASSHTO M194. 3. Raw pigments are not an equivalent and may not be substituted. December 8, 2021 SECTION 21 1314- 5 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD B. Curing Compound for Integrally Colored Concrete: Curing compound shall comply with ASTM C309 and be of same manufacturer as colored admixture, for use with integrally colored concrete. 1. Exterior Integrally Colored Concrete: Exterior Integrally Colored Concrete: LITHOCHROME° ColorwaxTM;L. M. SCOFIELD COMPANY Company. Use to cure exterior flatwork that will be allowed to cure naturally with only occasional maintenance. C. Curing and Sealing Compound: SCOFIELD Cureseal-W Semi -gloss and SCOFIELD Cureseal- S Matte; L.M. Scofield Company. Curing and sealing compound shall comply with ASTM C309 and be of same manufacturer as colored admixture, for use with integrally colored concrete. D. Substitutions; the use of products other than those specified will be considered providing that the Contractor requests its use in writing within 14 -days prior to bid date. This request shall be accompanied by the following: 1. A certificate of compliance from material manufacturer stating that proposed products meet or exceed requirements of this Section, including standards AC1303.1, ASTM C979, ASTM C494 and AASHTO M194. 2. Documented proof that proposed materials have a 10 -year proven record of performance, confirmed by at least 5 local projects that Engineer can examine. 2.7 CURING FOR INTEGRALLY COLORED CONCRETE A. Integrally Colored Concrete: Apply curing and sealing compound for integrally colored concrete according to manufacturer's instructions using manufacturer's recommended application techniques. Apply curing and sealing compound at consistent time for each pour to maintain close color consistency. B. Curing compound shall be same color as the colored concrete and supplied by same manufacturer of the colored admixture. C. Precautions shall be taken in hot weather to prevent plastic cracking resulting from excessively rapid drying at surface as described in CIP 5 Plastic Shrinkage Cracking published by the National Ready Mixed Concrete Association. D. Do not cover concrete with plastic sheeting. 2.8 ACCESSORY MATERIALS A. Form Release Compound: Debond Form Coating, manufactured by L&M Construction Chemicals, or equivalent product of another manufacturer in accordance with the "or equal" provision specified in Section 01630 — Options and Substitutions: B. Bonding Agent: One of the following, or approved equal 1. Everbond, manufactured by L&M Construction Chemicals. 2. Weldcrete, manufactured by Larsen Products Corporation. C. Expansion Joint Filler, Paving: Deck -O -Foam Expansion Joint Filler manufactured by W.R. Meadow s, Inc. (local representative, Pomona, CA, (909)469 -2606 or (800)342-5976), or equivalent product of another manufacturer in accordance with the " or equal" provision SECTION - 32 1314 - 6 December 8, 2021 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD specified in Section 01630 — Options and Substitutions, conforming to AASHTO-M-153 -84, Type 1 and Type 2, 1/2 -inch thick, compatible with joint sealing products. D. Top Surface Retardent (for Acid Wash Finish) - Top Cast Grade 03 Water Based Retardent by Grace Construction Products or approved equal. E. Top Surface Retardent (for Medium Sandblast Finish) - Top Cast Grade 15 Water Based Retardent by Grace Construction Products or approved equal. F. Top Surface Retardant (for Heavy Sandblast Finish) - Top Cast Grade 125 Water Based Retardant by Grace Construction Products or approved equal. G. Expansion Joint Sealant, Paving: Three -component urethane joint sealant, as specified in Section 07 9005 — Joint Sealers, color to match adjacent concrete color. Include sand for seeded sand finish. H. Acidic Cleaner: Manufacturer's standard acidic masonry restoration cleaner composed of hydrofluoric acid blended with other acids, detergents, wetting agents, and inhibitors. Acceptable products: 1. 80 1 Heavy Duty Masonry Cleaner by American Building Restoration Products, Inc. 2. 10 1 Masonry Restorer by Diedrich Technologies Inc. 3. Hydroclean Concrete Cleaner (HT -477) by Hydrochemical Techniques, Inc. 4. Price Heavy Duty Restoration Cleaner by Price Research, Ltd. 5. SureKlean Heavy -Duty Restoration Cleaner by ProSoCo. Concrete Sealer: HLQ-125 as manufactured by SINA K Corp., San Diego, CA (619/231-1771), or equivalent product of another manufacturer in accordance with the " or equal" provision specified in Section 01630 — Options and Substitutions, penetrating sealer that interacts with mineral compounds and siliceous materials in Portland cement concrete to produce more dense, non -dusting surface. Concrete Sealer for Abrasive and retardant finishes. Miracle Cover as manufactured by Miracle Cover, Incorporated (800/304-7325) K. Joint Dowels: Plain Steel epoxy coated bars conforming to ASTM A36 and be free of any rust dirt, grease or oils. Speed Dowel: Provide as manufactured by Greenstreak Inc. 800.325-9504 two part speed dowel system comprised of a reusable base and a plastic sleeve. Both pieces shall be manufactured from polypropylene plastic. 2.9 CONCRETE MIXES A. Concrete Mix and Delivery Requirements, General: Comply with requirements specified in Section 303 Concrete and Masonry Construction. B. Concrete Mix for Pedestrian (Sidewalk) Pavements, Natural Color: 1. Natural color concrete for paving on site, see Standard Specifications Type 560 C 3250. C. Concrete mix design for integrally colored concrete December 8, 2021 SECTION 21 1314- 7 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 1. Minimum Cement Content: 5 sacks per cubic yard of concrete. 2. Minimum 28 day compressive strength as indicated on Drawings or, if not indicated, 3250 psi. 3. Slump of concrete shall be consistent throughout Project at 4 -inches or less. At no time shall slump exceed 5 -inches. 4. Do not add calcium chloride to mix as it causes mottling and surface discoloration. 5. Supplemental admixtures shall not be used unless approved by manufacturer. 6. Do not add water to the mix in the field. 7. Add colored admixture to concrete mix according to manufacturer's written instructions. PART 3 - EXECUTION 3.1 EXAMINATION A. Verification of Conditions: Notify the Engineer 24 hours prior to commencement of placing concrete. Excavations, formwork, reinforcement, aggregate base and embedded items shall be reviewed by the Engineer prior to placement of concrete. 3.2 PREPARATION A. Identification of Existing Conditions: Contractor shall take precautionary measures as necessary to protect all existing utilities, structures, landscaping and other improvements to remain where Work is performed. 1. Identify required lines, levels, contours and datum. 2. The Drawings do not purport to show all below grade conditions and objects on the site. 3. Identify above and below grade utilities. Contact serving utilities and contact Underground Service Alert (USA) at (800)227-2600, to locate and mark existing underground utility lines on site. Coordinate marking with Utility Location Service for location of underground pipes. a) Notify USA at least 48 hours in advance of performing Work near underground utilities. b) Notify serving utilities to terminate, remove and relocate utilities as necessary. c) Maintain and protect existing utilities remaining in Work area. d) Mark paving and install stakes and flags in unpaved locations to indicate presence and characteristics of existing utilities. Should utilities and other below - grade conditions be encountered which adversely affect the Work, discontinue affected Work and notify Engineer for direction. Unforeseen conditions will be resolved in accordance with provisions of the Conditions of the Contract. Should a utility line or structure be damaged, immediately notify the responsible utility company or agency and notify Engineer. a) Repair or replace all damaged utility lines and structures as directed by the responsible utility company or agency. b) Repair or replacement of damaged utility lines and structures whose location or existence has been made known to the Contractor shall be at no change in Contract Time and Contract Price. c) Encounters with unknown utility lines and structures shall be governed by the provisions of the General Conditions of the Contract. SECTION - 32 1314 - 8 December 8, 2021 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD B. Protection: Protect existing concrete walls, fence, shade structures and benches, streets, roads, sidewalks, drainage channels, adjacent property, designated trees, and other existing improvements to remain. 1. Erect and maintain temporary barriers and take other protective measures to prevent spread of debris, to provide for continued use of adjacent properties and to protect existing construction which is not indicated to be altered. 2. Review location and type of construction of temporary barriers with Owner. 3. Barriers shall control dust, debris and provide protection for persons occupying and using adjacent facilities. 4. Maintain protected egress and access at all times, in accordance with requirements of authorities having jurisdiction. 3.3 SUB -BASE A. Sub -Base Preparation and Aggregate Base Placement, General: As specified in Section 300 of the Standard Specifications. 1. Fine grading, checking, shaping, and compacting of subgrade shall be complete before start of Portland cement concrete paving Work. B. Sub -Base Preparation: Prepare subgrade in compliance with Standard Specifications, Section 301-1. Prepare and place sub -base, if indicated on the Drawings, in compliance with Section 301 - Treated Soils, in the Standard Specifications. C. Aggregate Base Placement: Where indicated, place and compact aggregate base material in accordance with Standard Specifications, Subsection 301-2. Base shall be in place and properly compacted before start of Portland Cement Concrete Work. D. Place and compact aggregate base at paving, curbs and gutters and at other locations indicated on the Drawings. E. Curbs and Gutters: Schedule Portland cement concrete curbs and gutters to be in place and cured prior to start of adjoining asphaltic concrete and Portland cement concrete paving Work. Moisture Conditioning: Moisten base to minimize absorption of water from fresh concrete. Do not place concrete on standing water. 3.4 FORMING (IF REQUIRED) A. Concrete Formwork Construction: Comply with Standard Specifications and the following. 1. Forming material in contact with finished face of concrete shall be in like -new condition. 2. Construct formwork accurately and to configurations and dimensions indicated for finish concrete Work. 3. Formwork shall be substantial, mortar -tight and braced to maintain position and shape during placement of reinforcing and concrete. 4. Hold forms rigidly in place by stakes, clamps, spreaders and braces where required to ensure rigidity. 5. Construct curb forms wit h smooth side placed next to exposed concrete face. 6. Curb forms shall have true, smooth upper edge. 7. Depth of curb forms at back of curbs shall be equal to full depth of curb. 8. Depth of face forms shall be equal to full face height of curb. December 8, 2021 SECTION 21 1314- 9 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 9. Benders or thin plank forms may be used to form curves and at grade changes and curb returns. 10. Back forms for curb returns may be made of 1 /2 -inch thick benders cleated together for full depth of the curb. 11. Formwork shall not deviate more than 1/8 -inch from required posit ions and levels. 12. Verify formwork alignment and levels as Work proceeds, promptly making adjustments and adding bracing as necessary. 13. Construct and assemble formwork to permit easy stripping and dismantling without damage to concrete. Locate joints at acceptable locations. 14. Benders or thin plank forms may be used to form curves and at grade changes. 15. Place embedded joint filler in position, vertically and in straight lines. Secure joint filler to formwork during concrete placement. B. Surfaces and Edges: Except where special finishes and tooled edges are indicated, provide all exposed finish surfaces of dense concrete with sharp arises and out side corners. C. Recesses and Openings: As indicated on Drawings or as directed. D. Formwork Removal: Remove forms without damaging concrete. 1. Remove the form on the front of curbs in not less than one hour nor more than 6 hours after the concrete has been placed. 2. Remove side forms for sidewalks, gutter depressions, island paving and driveways, not less than 12 hours after the finishing has been completed. 3.5 REINFORCEMENT A. Unless otherwise indicated on Drawings or in Standard Specifications, provide concrete cover in compliance with ACI 318. 1. Place, support and secure reinforcement against displacement. B. Reinforcement Spacing: Space reinforcement as indicated on Drawings or and per Paragraph 2.5. If not otherwise indicated, maintain clear spacing of two times bar diameter but not less than 1-1/2 inches, nor less than 1-1/3 times maximum size aggregate. C. Coordination: Locate reinforcement to accommodate embedded products and formed openings and recesses. D. Reinforcement Supports: Provide load bearing pads under supports or provide precast concrete block bar supports. E. Dowels: Secure tie dowels in place in plastic dowel sleeves before depositing concrete. Provide No. 3 bars for securing dowels w here no other reinforcement is provided. 1. Use plastic headed vibrators or other non metal tools to consolidate concrete. 3.6 COORDINATION WITH EXISTING CONSTRUCTION A. Connection to Existing Construction: Provide expansion joints at intersection of new concrete and existing concrete paving. Dowel new concrete to existing construction. Drill holes in existing concrete, insert steel dowels and pack with non -shrinking grout. SECTION - 32 1314 - 10 December 8, 2021 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD B. Preparation of Existing Concrete: Prepare previously placed concrete by cleaning with steel brush and apply bonding agent in accordance with manufacturer's instructions. Omit bonding agent where expansion joint occurs. 3.7 CONSTRUCTION JOINTS A. Joints, General: Locate joints and score lines dimensionally to match existing joint pattern. Refer to Construction Drawings for primary joint layout. B. Isolation Joints: 1. Install isolation joints and caulking under Section 07 9005 — Concrete Pavement Joint Sealants. 2. Provide isolation joints at intersections of concrete paving & curbs and gutters with building walls, foundations, retaining walls and similar cast -in-place concrete elements. 3. Install continuous expansion joint filler full depth at construction joints and at vertical surfaces. Remove top portion of joint filler and apply joint sealant. 4. Place expansion control filler to correct elevation and profile. C. Expansion Joints: Unless otherwise indicated, provide expansion (contraction) joints as indicated on the Drawings but not greater than 10 feet on centers for flatwork and 10 feet on centers for curbs. Extend joint entirely through slabs and curbs. Premolded plastic joints will not be acceptable. Comply also with the following: 1. Coordinate locations to align expansion joints in adjoining concrete walks, curbs, gutters and other exterior flatwork. 2. Provide expansion joints at construction (cold) joints. 3. Provide expansion joints at beginning and end of all curved segments. 4. Lay out expansion joint locations to occur where possible at penetrations such as handrail posts and columns. 5. Break reinforcing steel at expansion joints only and provide slip dowel joints 6. Install continuous expansion joint filler full depth at construction joints and at vertical surfaces. Remove top portion of joint filler and apply joint sealant. 7. Place expansion control filler to correct elevation and profile. 8. Tool exposed edges. 9. Align curb, gutter, and sidewalk joints. D. Joint Filler: Place expansion control filler to correct elevation and profile, as indicated on Drawings. 1. Where joint is indicated to receive joint sealer, recess top of filler 1/2 -inch. 2. Where joint is not indicated to receive joint sealer, place top of filler slightly recessed from finished concrete surface. 3. Refer to Landscape Drawings for additional information and expansion joint locations. E. Joint Sealer: Install joint sealer after concrete placement, finishing and curing as specified in Section 07 9005 - Joint Sealers. Include seeded sand finish. 1. Refer to ACI 302 "Guide for Concrete Floor and Slab Construction" for work under this section. F. Control Joints, Construction Joints, and Decorative Sawcuts: December 8, 2021 SECTION 21 1314- 11 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 1. Saw cut Control and construction joints in locations, evenly spaced as indicated on the Drawings but not to exceed 16 feet on center maximum. If joints locations are not indicated, provide control joints as directed and in compliance with the following: a) Lay out control joint locations to occur at penetrations such as handrail posts and columns and where shown on Drawings. b) Coordinate control joint locations to align with expansion joints in adjoining concrete walks, curbs, gutters and other exterior flatwork. 2. Perform jointing with a new diamond tip circular saw. 3. Joint Width: 3/16 -inch. Do not exceed 3/16 -inch in width. 4. Saw cut Depth: a) Control Joints: Cut joints as to depth indicated on the Drawings. b) Decorative Saw cut Joints: % inch. 5. Saw cut joints in a straight line with no over cutting at intersections. 6. Use a hand grinder with a 4 -inch diamond blade to saw cut up to vertical edges such as walls, steps, curbs and columns. Do not over cut into vertical surfaces or adjacent concrete. 7. Location of Construction Shall coincide with expansion joints to maintain even color for large fields and bands, consistent with the extent of work to be performed in a single day. G. Dowelling 1. Provide Slip Dowelling at all expansion joints. 3.8 CONCRETE MIXING, CONVEYING AND PLACEMENT A. Mixing: Comply with Standard Specifications, Subsection 2 01-1.4. If batch plant is within travel time not exceeding maximum limit s, transit mix concrete in accordance with ASTM C 94. If travel time exceeds limits, provide alternative means for mixing and submit for review and approval. B. Concrete Conveying and Placement: Convey and place concrete between predetermined construction joints, in accordance with ACI 30 1, ACI 30 4 and Standard Specifications Subsection 20 1-1.5 and Subsection 3 02-6.3. Place concrete continuously between predetermined construction joints. 1. Hot Weather Placement: Comply also with ACI 305. 2. Cold Weather Placement: Comply also with ACI 306. C. Concrete Consolidation: Comply with ACI 304. D. Protection: Ensure that reinforcement, embedded products, joint fillers and joint devices are not disturbed during concrete placement. 3.9 CONCRETE PAVING FINISHING AND CURING A. Concrete Paving, General: Provide Portland cement concrete paving with smooth and textured surfaces, at exterior paving locations as indicated on Landscape Drawings. Unless otherwise indicated, provide natural grey color concrete and acid wash finish. Paving to be finished per Paving Schedule, as shown on the Plans. SECTION - 32 1314 - 12 December 8, 2021 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD B. Finishing of Concrete with Troweled Surface: At concrete paving, curbs and gutters in public rights-of-way, comply with Standard Specifications Subsection 3 02-6.4. All concrete surfaces shall have cross -slope of 1/4 -inch per foot (2 percent) for drainage. 1. Trowel Finish, Surfaces with Less Than 6 -Percent Slope: Two-step trowel finish, followed after surface has achieved initial set by lightly roughening concrete surface by brooming with fiber -bristle broom perpendicular to main traffic route, to achieve "medium broom finish." 2. Trowel Finish, Surfaces with 6 -Percent and Greater Slope: Two-step trowel finish, followed after surface has achieved initial set by roughening concrete surface by brooming with fiber bristle broom perpendicular to main traffic route, to achieve "heavy broom finish." Trowel Finish at Curbs and Gutters: Two-step trowel finish. See also requirement specified below for paving finish at wheelchair -accessible curb cuts. C. Tooled Edges: Rounded, minimum 1 /8 -inch and maximum 3/16 -inch radius, at all edges of Portland cement concrete paving unless specifically noted otherwise. D. Detectable Warning Grooves: As specified below for ramps. E. Acid Wash and Sandblast (Retardant) Finishes 1. Apply retardant uniformly to surface of wet concrete after initial water bleed rises to the surface. Spray with low-pressure sprayer until surface has a complete hiding coat 2. 12 hours after retardant has dried, wash retardant coating away with high pressure stream of water. Wash uniformly and without interruption for each contiguous panel. Match finish of approved mockup F. Abrasive Blast Finishes at Concrete Paving: (Alternate Method) ACI 301, two-step trowel finish to dense, smooth surface, free of trowel marks and other blemishes. 1. After curing, mask areas not indicated to receive abrasive blast finish. 2. Perform abrasive blasting no sooner than 28 days after placement of each concrete section. 3. Use backup boards to maintain uniform edges and corners. 4. Use abrasive grit of suitable type and gradation to remove surrounding matrix and expose aggregate. 5. Provide blast finishes matching reviewed samples. a) Medium abrasive blast: Evenly blast uncovered areas to expose fine aggregate with occasional exposure of coarse aggregate and uniform color. Maximum reveal shall be 1/16 -inch (1.5 mm). b) Heavy abrasive blast Evenly blast uncovered areas to expose coarse aggregate and uniform color. Maximum reveal shall be 5/8 -inch (16 mm). 6. Perform abrasive blasting as continuous operation, utilizing same crew of workers, to maintain consistency. Use same nozzle, nozzle pressure and blasting technique as used for sample panel. Finish shall be uniform in color and texture. 7. Maintain control over abrasive grit and concrete dust. Provide covers and barriers as necessary to prevent dust from soiling and contaminating surrounding areas. 8. Remove all expended abrasive grit and concrete dust at the end of each work period, and dispose legally and properly off site. 9. After abrasive blasting, wash surface with specified concrete cleaner. December 8, 2021 SECTION 21 1314- 13 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 10. Abrasive blasted areas shall have static coefficients of friction of not less than 1.4 to 1.6 (dry) and 1 2 to 1 4 (wet) when field tested in accordance with ASTM C 1028. G. Finishing Wheelchair -Accessible Walkways, Ramps and Curb Cuts: Form and finish wheelchair accessible curb ramps and curbs in compliance with California Building Code (CBC) Section 1127B and as indicated on the Drawings. 1. Trowel surface and apply Heavy broom finish contrasting with adjacent paving. 2. Tool or otherwise form detectable grooves at pedestrian traffic walkways, curb cuts and accessible ramps, in compliance with requirements of California Building Code (CBC) Section 1127B.5.7 and as indicated on the Contract Drawings. Unless otherwise indicated, provide 12 -inch wide border with 1/4 -inch by 1/4 -inch grooves at 3/4 -inch on centers at the level surface along the top and side of wheelchair -accessible ramps and curb cuts. Except when curb ramp surface slopes at greater than 6.67% (1:15), provide truncated domes on sloped surface in compliance with California Building Code (CBC) Section 1127B.5.8 and as indicated on the Contract Drawings. Provide truncated dome tiles as indicated on the Drawings and specified in Section 02840 Parking Striping. 3.10 FIELD QUALITY CONTROL A. Request review from the Engineer for each of the following: 1. Subgrade preparation. 2. Layout of formwork. 3. Reinforcement installation. 4. Control and decorative joints layout, including joints in curbs. 3.11 CURING AND SEALING OF PORTLAND CEMENT CONCRETE PAVING A. Curing of Natural Color Concrete: Apply curing compound immediately after finishing. Comply with manufacturer's instructions and recommendations. 1. Concrete Curing at Natural Color Paving, Curbs and Gutters: Apply curing compound immediately after finishing. Comply with manufacturer's instructions and recommendations and Standard Specifications. 2. Concrete Curing at Exterior Slabs on Grade: Moist cured by sheet method, as specified in Section 03300 — Cast -in -Place Concrete. 3. Curing procedure shall not cause loss of adhesion of exposed aggregate. 3.12 TOLERANCES AND TESTS A. Exterior Concrete Tolerance: ACI 301, Class B, 1/4 -inch in 10 feet, except Work in public rights-of-way shall comply with Standard Specifications. B. Drainage Test: After concrete has thoroughly cured, flood test all paving to demonstrate positive drainage. No standing water shall remain 1 -hour after test. SECTION - 32 1314 - 14 December 8, 2021 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 3.13 ADJUSTMENTS A. Adjustments: Remove concrete paving that is defective. Defective concrete shall be concrete determined by Engineer to be damaged, marred, stained, not true to line and plane, not properly finished, cracked, not pitched to properly drain and exposed voids (honeycomb). 1. Sacking of concrete voids will not be acceptable. 2. Remove defective concrete from expansion (contraction) joint to expansion (contraction) joint. 3. Reconstruct removed concrete paving in compliance with specified requirements. 4. Reconstructed concrete shall be indistinguishable from other Work. 3.14 PROTECTION A. Protection During Curing: Protect concrete from premature drying, excessive hot or cold temperatures, and mechanical injury. B. Protection from Traffic and Mechanical Damage: Protect paving from soiling, chipping, marring and cracking due to construction activities subsequent to placing, finishing and curing Portland cement concrete paving. 1. The Contractor shall not open site improvements to use until Concrete Paving has attained the minimum compressive strength specified in Section 201-1.1-2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6-7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer. 2. Prohibit all vehicular traffic across pedestrian paving unless suitable base and reinforcement have been added. 3. Provide lumber ramping and plywood covering where curbs and gutters are subject to vehicular and equipment traffic during construction. 3.15 CLEANING A. Cleaning: Apply cleaning solution to all finish concrete paving to remove cement haze and expose clean concrete. Comply with manufacturer's instructions and recommendations and applicable industrial safety regulations. 1. Perform cleaning in multiple washes, to achieve finish to match reviewed mock-ups. 2. Provide solution containment and disposal in compliance with applicable environmental protection regulations. B. Cleaning, Control Joints: Clean by compressed air or by abrasive blasting as necessary to remove excess concrete. C. Patching: No patching will be acceptable. Remove defective concrete as specified above for damaged concrete. December 8, 2021 SECTION 21 1314-15 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 3.16 REQUEST FOR INSPECTIONS A. Submit request for inspections after completion of each phase. Do not Proceed to the next phase unless the previous phase has been completed. END OF SECTION SECTION - 32 1314 - 16 December 8, 2021 CONCRETE PAVING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD SECTION 32 18 13 SYNTHETIC GRASS SURFACING COMMAND DUO PART 1 - GENERAL 1.1 SUMMARY A. Furnish all labor, materials, tools and equipment necessary to install synthetic grass surfacing system as indicated on the plans and as specified herein; including components and accessories required for a complete installation, including but not limited to: 1. Repair to sub -base after demolition and removal of existing synthetic grass and gravel base. 2. Coordination with related trades to ensure a complete, integrated, and timely installation: aggregate base course, sub -base material (tested for permeability), grading and compacting, piping and drain components (when required); as provided under its respective trade section. 1.2 RELATED SECTIONS A. Section 300 - Earthwork as found in The Greenbook "Standard Specifications for Public Works Construction" B. Section 301 — Treated Soil, Subgrade Preparation and Placement of Base Materials as found in The Greenbook "standard Specifications for Public Works Construction" C. Section 31 23 16 — Excavation Section 300 - Earthwork as found in The Greenbook "Standard Specifications for Public Works Construction" 1.3 REFERENCE STANDARDS A. ASTM — American Society for Testing and Materials. 1. D1577 - Standard Test Method for Linear Density of Textile Fiber. 2. D5848 - Standard Test Method for Mass Per Unit Area of Pile Yarn Floor Covering. 3. D1338 - Standard Test Method for Tuft Bind of Pile Yarn Floor Covering. 4. D1682 - Standard Method of Test for Breaking Load and Elongation of Textile Fabrics. 5. D5034 - Standard Test Method of Breaking Strength and Elongation of Textile Fabrics (Grab Test). 6. D4491 - Standard Test Methods for Water Permeability of Geotextiles by Permittivity. 7. D2859 - Standard Test Method for Ignition Characteristics of Finished Textile Floor Covering Materials. 1.4 PERFORMANCE REQUIREMENTS A. Completed synthetic grass surfacing system shall be capable of meeting the following performance requirements. - 1 . equirements:1. ASTM D4491: Water permeability test. Synthetic grass surface shall drain at a rate of 300 inches or more, of water per hour. 2. ASTM D1338: Tuft bind. Synthetic grass surfacing shall have a tuft bind, without infill material of 8 pounds or more. 1.5 SUBMITTALS A. Substitutions: Other products are acceptable if in compliance with all requirements of these specifications. To qualify as an approved equal, please submit alternate products to Architect December 8, 2021 SECTION 32 1813 - 1 SYNTHETIC GRASS SURFACING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD for approval at least 10 days prior to bid opening. City of Newport Beach will make the final determination on accepting any substitutions. 1. Provide substantiation that proposed system does not violate any other manufacturer's patents, patents allowed or patents pending. 2. Provide a sample copy of insured, non -prorated warranty and insurance policy information. B. Comply with Section 01 33 00, Submittals Procedures. Submit for approval prior to fabrication. C. Product Data: 1. Submit manufacturer's catalog cuts, material safety data sheets (MSDS), brochures, specifications; preparation and installation instructions and recommendations. 2. Submit fiber manufacturer's name, type of fiber and composition of fiber. 3. Submit data in sufficient detail to indicate compliance with the contract documents. 4. Submit manufacturer's instructions for installation. D. Samples: Submit samples, illustrating details of finished product in amounts as required by General Requirements, or as requested by Architect. E. List of existing installations: Submit list including respective Owner's representative and telephone number. F. Warranties: Submit warranty and ensure that forms have been completed in Owner's name and registered with approved manufacturer. G. Testing Certification: Submit certified copies of independent (third -party) laboratory reports on ASTM testing: 1. Pile Height, Face Weight & Total Fabric Weight, ASTM D5848. 2. Primary & Secondary Backing Weights, ASTM D5848. 3. Tuft Bind, ASTM D1335. 4. Grab Tear Strength, ASTM D1682 or D5034. 5. Water Permeability, ASTM D4491 6. Artificial turf fiber proposed for the field(s) must have successfully undergone a minimum of 100,000 cycles on the Lisport wear test. This fiber must be exactly the same fiber that is being proposed for the field(s). Official report must be provided. 1.6 QUALITY ASSURANCE A. Comply with Section 01 43 00, Quality Assurance. B. Manufacturer Qualifications: Engaged in manufacturing synthetic grass surfacing products for a minimum of fifteen (15) years. 1. The Manufacturer shall be experienced in the manufacturing and installation of specified type of synthetic grass surfacing system. This includes use of a ridged monofilament fiber, slit -film fiber, backing, the backing coating, and the installation method. 2. The Manufacturer shall own and operate its own manufacturing plant. Manufacturing the fiber, tufting of the fibers into the backing materials and coating of the synthetic grass system must be done in-house by manufacturer. 3. The Manufacturer must hold ISO 9001, ISO 14001 and ISO 45001 certifications demonstrating its manufacturing efficiency with regards to quality, environment and safety management systems. C. Installer/Contractor Qualifications: Company shall specialize in performing the work of this section. 1. The Company shall provide competent workmen skilled in this specified type of SECTION — 32 1813 - 2 December 8, 2021 SYNTHETIC GRASS SURFACING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD synthetic grass system installation. 2. The designated Supervisory Personnel on the project shall be certified, in writing by the manufacturer, as competent in the installation of specified type of synthetic grass system, including gluing seams and proper installation of the infill material. 3. The Company shall be certified by the manufacturer and licensed (if required). D. Pre -Installation Conference: Conduct conference at project site at time to be determined by Architect. Review methods and procedures related to installation including, but not limited to, the following: 1. Inspect and discuss existing conditions and preparatory work performed under other contracts. 2. In addition to the Contractor and the installer, arrange for the attendance of installers affected by the Work, The Owner's representative, and the Architect. E. The Installer/Contractor shall verify special conditions required for the installation of the synthetic grass system if required. F. The Installer/Contractor shall notify the Architect of any discrepancies. 1.7 DELIVERY, STORAGE, AND HANDLING A. Comply with Section 01 60 00, Product Requirements. B. Deliver and store components with labels intact and legible. C. Store materials/components in a secure manner, under cover and elevated above grade. D. Protect from damage during storage, handling and installation. Protect from damage by other trades. E. Inspect all delivered materials and products to ensure they are undamaged and in good condition. 1.8 SEQUENCING AND SCHEDULING A. Coordinate the Work with installation of work of related trades as the Work proceeds. B. Sequence the Work in order to prevent deterioration of installed system. 1.9 WARRANTY A. See Section 01 78 00, Closeout Submittals, for Additional Warranty Requirements. B. The Installer/Contractor shall provide a warranty to the Owner that covers defects in materials and workmanship of the synthetic grass product for a period of eight (8) years from the date of completion. The synthetic grass manufacturer must verify that their representative has inspected the installation and that the work conforms to the manufacturer's requirements. The manufacturer's warranty shall include general wear and damage caused from UV degradation. The warranty shall specifically exclude vandalism, and acts of God beyond the control of the Owner or the manufacturer. The warranty shall be fully third party insured; pre- paid for the entire 8 year term and be non -prorated. The Installer/Contractor shall provide a warranty to the Owner that covers defects in the installation workmanship, and further warrant that the installation was done in accordance with both the manufacturer's recommendations and any written directives of the manufacturer's representative. The insurance policy must be underwritten by an "AM Best" A rated carrier and must reflect the following values: 1. Pre -Paid 8 -year insured warranty. SECTION — 32 1813 - 3 December 8, 2021 SYNTHETIC GRASS SURFACING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 2. Maximum per claim coverage amount of $33,000,000. 3. Minimum of thirty-three million dollar ($33,000,000) annual aggregate. 4. Must cover full 100% replacement value of total square footage installed. 5. Policies that include self-insurance or self -retention clauses shall not be considered. 6. Policy cannot include any form of deductible amount. 7. Sample policy must be provided at time of bid to prove that policy is in force. A letter from an agent or a sample Certificate of Insurance will not be acceptable. PART 2 -PRODUCTS 2.1 MANUFACTURER AND DISTRIBUTOR A. Approved Manufacturer: FieldTurf USA, Inc. 175 N. Industrial Blvd, Calhoun, GA 30701 Contact: Johnny Kane 760-505-8486, johnny.kane@fieldturfcommercial.com. B. Approved Product: COMMAND Duo 2.2 MATERIALS AND PRODUCTS A. Synthetic grass surfacing system shall consist of the following: 1. Synthetic grass surfacing made with a combination of ridged monofilament polyethylene fibers and slit -film fibers, tufted into a fibrous, perforated and porous backing. 2. Infill: Graded dust -free silica sand that partially covers the synthetic grass. Graded dust -free acrylic coated silica sand may be substituted for silica sand as requested by Architect. 3. Glue, thread, seaming fabric and other materials used to install and mark the synthetic grass. B. Synthetic grass surfacing system shall have the following properties: Standard Property Specification ASTM D1577 Fiber Denier 12000 ASTM D1577 Secondary Fiber Denier 5000 ASTM D5823 Pile Height 1.5" ASTM D5793 Stitch Gauge 3/8" ASTM D5848 Pile Weight 55 oz/square yard ASTM D5848 Primary Backing >7oz/square yard ASTM D5848 Secondary Backing .>18 oz/square yard ASTM D5848 Total Weight >80 oz/square yard ASTM D1338 Tuft Bind (Without Infill) 8lbs ASTM D4491 Turf Permeability 300 inches/hour N/A Infill Component 3 lbs/square foot Variation of +/- 5% on above listed property values is within normal manufacturing tolerances C. Synthetic grass surfacing product shall consist of ridged monofilament fibers and slit -film fibers tufted into a primary backing with a secondary backing. D. Backing: Primary backing shall be a triple -layered polypropylene fabric. SECTION — 32 1813 - 4 December 8, 2021 SYNTHETIC GRASS SURFACING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 2. Secondary backing shall consist of an application of porous urethane to permanently lock the fiber tufts in place. 3. Perforated (with punched holes), backed turf is acceptable. 4. Turf with attached scrim in lieu of porous urethane is unacceptable. E. Primary fiber shall be 12,000 denier, low friction, and UV -resistant fiber measuring not less than 1.5 inches high. Secondary fiber shall be 5,000 denier. F. Infill materials shall be approved by the manufacturer. 1. Infill shall consist of graded dust -free sand. Graded dust -free acrylic coated silica sand may be substituted for silica sand as requested by Architect. G. Glue and seaming fabric, for seaming of synthetic grass shall be as recommended by the synthetic grass manufacturer. 2.3 QUALITY CONTROL IN MANUFACTURING A. The manufacturer shall own and operate its own manufacturing plant in North America. Both tufting of the fibers into the backing materials and coating of the turf system must be done in- house by the synthetic grass manufacturer. Outsourcing of either is unacceptable. B. The manufacturer shall have full-time certified in-house inspectors at their manufacturing plant that are experts with industry standards. C. The manufacturer's full-time in-house certified inspectors shall perform pre -tufting fiber testing on tensile strength, elongation, tenacity, and denier, upon receipt of fiber spools from fiber manufacturer. D. Primary backing shall be inspected by the manufacturer's full-time certified in-house inspectors before tufting begins. E. The manufacturer's full-time in-house certified inspectors shall verify "pick count", yarn density in relation to the backing, to ensure the accurate amount of face yarn per square inch. F. The manufacturer's full-time, in-house, certified inspectors shall perform product inspections at all levels of production including during the tufting process and at the final stages before the synthetic grass is loaded onto the truck for delivery. G. The manufacturer shall have its own, in-house laboratory where samples of synthetic grass are retained and analyzed, based on standard industry tests, performed by full-time, in-house, certified inspectors. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that all sub -base leveling is complete prior to installation. B. Installer/Contractor shall examine the surface to receive the synthetic grass and accept the sub- base planarity in writing prior to the beginning of installation. 1. Acceptance is dependent upon the Owner's test results indicating compaction and planarity are in compliance with manufacturer's specifications. 2. The surface shall be accepted by Installer as "clean" as installation commences and shall be maintained in that condition throughout the process. C. Compaction of the aggregate base shall be 90%, in accordance with ASTM D1557 (Modified Proctor procedure); and the surface tolerance shall not exceed 0-1/4 inch over 10 feet and 0-1/2 SECTION — 32 1813 - 5 December 8, 2021 SYNTHETIC GRASS SURFACING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD inch from design grade. D. Correct conditions detrimental to timely and proper completion of Work. E. Do not proceed until unsatisfactory conditions are corrected. F. Beginning of installation means acceptance of existing conditions. 3.2 PREPARATION A. Prior to the beginning of installation, inspect the sub -base for tolerance to grade. B. Sub -base acceptance shall be subject to receipt of test results (by others) for compaction and planarity that sub -base is in compliance with manufacturer's specifications and recommendations. C. When requested by Architect, installed sub -base shall be tested for porosity prior to the installation of the synthetic grass system. A sub base that drains poorly is an unacceptable substrate. 3.3 INSTALLATION A. The installation shall be performed in full compliance with approved Shop Drawings. B. Only trained technicians, skilled in the installation of synthetic grass systems working under the direct supervision of the approved installer supervisors, shall undertake any cutting, sewing, gluing, shearing, top -dressing or brushing operations. C. The designated Supervisory personnel on the project must be certified, in writing by the manufacturer, as competent in the installation of this material, including gluing seams and proper installation of the Infill material. D. Install at location(s) indicated, to comply with final shop drawings, manufacturers'/installer's instructions. E. The Installer/Contractor shall strictly adhere to specified procedures. Any variance from these requirements shall be provided in writing, by the manufacturer's on-site representative, and submitted to the Architect and/or Owner, verifying that the changes do not in any way affect the Warranty. Infill materials shall be approved by the manufacturer and installed in accordance with the manufacturer's standard procedures. F. Synthetic grass system shall be installed directly over the properly prepared aggregate base. Extreme care shall be taken to avoid disturbing the aggregate base, both in regard to compaction and planarity. 1. Repair and properly compact any disturbed areas of the aggregate base as recommended by manufacturer. 2. Seams shall be flat, tight, and permanent with no separation or fraying. G. Infill Materials: 1. Infill materials shall be applied in thin lifts. The turf shall be brushed as the material is applied. The infill material shall be installed to a depth determined by the manufacturer. 2. Infill material shall be installed in a systematic order. 3. Infill materials shall be installed to fill the voids between the fibers and allow the fibers to remain vertical and non -directional. The Infill installation consists of graded dust - free silica sand. Graded dust -free acrylic coated silica sand may be substituted for silica sand as requested by Architect. SECTION — 32 1813 - 6 December 8, 2021 SYNTHETIC GRASS SURFACING CIVIC CENTER DOG PARK REFURBISHMENT PROJECT 100% CD 4. The Installer/Contractor shall keep area clean throughout the project and clear of debris. Upon completion of installation, the finished project shall be inspected by the installation crew and an installation supervisor. 3.4 ADJUSTMENT AND CLEANING A. Do not permit traffic over unprotected surface. B. Contractor shall provide the labor, supplies, and equipment as necessary for final cleaning of surfaces and installed items. C. All usable remnants of new material shall become the property of the Owner. D. The Contractor shall keep the area clean throughout the project and clear of debris. E. Surfaces, recesses, enclosures, and related spaces shall be cleaned as necessary to leave the work area in a clean, immaculate condition ready for immediate occupancy and use by the Owner. 3.5 PROTECTION Protect completed synthetic grass surfacing system throughout construction process until project completed. END OF SECTION SECTION — 32 1813 - 7 December 8, 2021 SYNTHETIC GRASS SURFACING