Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-3966 - Corporation Yard Building "G" Roof Repair and Rehabilitation
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC October 14, 2009 Pre -Fab Builders, Inc. 3006 E. Coronado Street Anaheim, CA 92806 Subject: Corporation Yard "G" Roof Rehabilitation (C -3966) To Whom it May Concern: On October 14, 2008, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 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 October 23, 2008, Reference No. 2008000489326. The Surety for the contract is Old Republic Surety Company, and the bond number is WCN1250284. Unfortunately, my office just discovered that the Labor & Materials Payment Bond was not released at the appropriate time. I have enclosed the Labor & Materials Payment Bond and the Faithful Performance Bond, and apologize for the delay. Sincerely, Q"'� Por'' Leilani 1. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us This Documen s electronically recorded by • � Cert Mail F RecprTled in Official Records, Orange County RECORDING REQUESTED BY AND Tom Daly, clerk- Recorder WHEN RECORDED RETURN W: OCT 30 ftl !0 a�■IIIE�NIYI111IY11 NO FEE City Clerk aY IN N20Y0I8000489326 09:41am 10/23/08 City of Newport Beach 213 92 N12 f 3300 Newport Boulevard r 040 01.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Pre -Fab Builders, Inc., of Anaheim, California, as Contractor, entered into a Contract on May 27, 2008. Said Contract set forth certain improvements, as follows: Corporation Yard "G" Roof Rehabilitation (C -3966) Work on said Contract was completed, and was found to be acceptable on October 14, 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Old Republic Surety Company. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 4�k, at Newport Beach, California. BY (/ J/I l/ �Lrt �' / •� City Clerk • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC October 15, 2008 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: 1) Coast Highway Sidewalk Morning Canyon to Seward Road (C -3965) 2) Corporation Yard Building "G' Roof Rehabilitation (C -3966) 3) West Newport & Newport Island Park Playground Equipment Replacement (C -4005) 4) McFadden Square Centennial Monument (C -3981) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Pre -Fab Builders, Inc., of Anaheim, California, as Contractor, entered into a Contract on May 27, 2008. Said Contract set forth certain improvements, as follows: Corporation Yard "G" Roof Rehabilitation (C -3966) Work on said Contract was completed, and was found to be acceptable on October 14. 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Old Republic Surety Company. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed onc/s aNco,> at Newport Beach, California. BY City Clerk 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 October 14, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur /Associate Civil Engineer 949 - 644 -3312 or tsandefur @city.newport- beach.ca.us SUBJECT: CORPORATION YARD BUILDING "G" ROOF REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3966 RECOMMENDATIONS: Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On May 27, 2008 the City Council authorized the award of the Corporation Yard Building "G" Roof Rehabilitation project to Pre -Fab Builders, Inc. The contract provided for removing and reinstalling of the existing metal roof, removing deteriorated metal roof members, gutter and flashing, installing new roof members, gutter and flashing, painting exposed roof members and installing bird netting under roof. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $118,592.00 Actual amount of bid items constructed: $118,614.00 Total amount of change orders: $ 4.200.00 Final contract cost: $122,814.00 The final overall construction cost including Change Orders was 3.5% percent over the original bid amount. Corpo ard Building "G" Roof Rehabilitaton - Completi Acceptance of Contract No. 3966 October 14, 2008 Page 2 One Change Order in the amount of $4,200 provided for the removal of some additional pieces of roof that were deteriorated. Schedule Summary Estimated Completion date per June `07 Schedule: October 13, 2008 Project award for construction: May 27, 2008 Estimated completion date at award: August 6, 2008 Actual completion date: August 6, 2008 Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Funding Availability: In addition to the primary construction contract, this project involved other project expenses summarized as follows: Construction Building Supplies Electrical Construction Drawings Incidentals Total Project Cost $122,814.00 $7,650.23 $1,856.98 $2,922.46 $1,066.41 $136,310.08 Funds for the construction project were expended from the following account: Account Description Account Number Amount General Fund 7011- C1002002 $122,814.00 Prepared by: Tom Sandefur Associate Civil Engineer Total: $122,814.00 Submitted by: * CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 on the 30th day of April, 2008, at which time such bids shall be opened and read for CORPORATION YARD BUILDING "G" ROOF REHABILITATION Title of Project Contract No. 3966 $110,000 Engineer's Estimate Approved , by -e.. S en G. Badum Public Works Director Prospective bidders may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Genera! "A ", "C -39" or "C -51 " Contractor's License required for this project For further information, call Tom Sandefur, Project Manager at(949)644-3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.city.newport-beach.ca.us CLICK: e- ontineservicesle- bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 `a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 1 The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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 3 0 0 substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer oi an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 780533 C -51 Contractor's License No. & Classification Pre -Fab Builders, Inc. Bidder Signature/Title r:. Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 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 Tan Percent of the Total Amount a w _------- Dollars ($ -10% of Bid -_ -_) to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CORPORATION YARD BUILDING "G" ROOF REHABILITATION, Contract No. 3966 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 2911h day of Pre -Fab Builders, Inc. Name of Contractor (Principal) Old Republic Surety Company Name of Surety 18300 Von Karman Ave. Ste. 640 Irvine, CA 92612 Address of Surety 949 797 -9020 Telephone 2008, SignaturefTille ,r L. Hancock - VP Nanette Myers, Attomey -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange on_ APR 2 8 2008 before me, bile HKL rt ry uof the office) personally appeared _ Nanette Myers who proved to me on the basis of satisfactory evidence to be the person(it) whose name(R) istm subscribed to the within instrument and acknowledged to me that he/shel bllq executed the same in bis/heritbleiut authorized capacity(9(m), and that by big/herAbeir signature(s) on the instrtuneirt the person(s), or the entity upon behalf of which the person(') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h_qfl and official seal. Signature of Notary Public K. ttlll Commlubn • 1771SbI1 Notary Public - California Orange County (Notary Seal) NlyCOmm.tit36NOV6, 21)11 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (ride or description of attached document) (Title of description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER O Individual (a) O Corporate Officer (Title) O Partner(s) IN Attomey -in -Fact D Trustee(s) O Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed is California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a drxument Ito be recorded outride of California. In such instolme, any atterrmtive ackno viedgmant verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in CaGfarnia (is. certifying the outhoraed capacity of the signer). Please check the document carefu4jor proper notarial wording and stitch this form ifrequared. • State and Canty infica nation must be the State and County where the document signer(') personally apptwA before the notary public far acknowledgment. • Date of notarization must be the data that the signan(s) personally appeared which must also be the mane date the acknowledgment is completed. • The notary public mast print his u her name as it appears within his or her commission followed by a comma and than your title (notary public). • Print the name(') of document signers) who Perasually appear at the time of notarization. • Indicate the correct singular or plus] forms by =aging off mcoarcat forms (i.e. hdshoUsy, is /are) or ciroling the correctfotns. Faihre to correctly indicate this infotmatinmay lead to rejection of doeumeffitecording. • The notary seal impression must be clear and photographically reproducible. Impression moat not cover text or lines. if seal impressive smudges, sc -seal if a sufficient area permits, otherwise complete a different adosawkdgment font. • signature of the notary public must matoh the signature on file with the office of the county ale& ei Additional infatuation is not required but could help to starts; this acknowledgment is notmisused u attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (1c, CFO, CFO, Secretary). • Securely attach this document to the signed document 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange i On 4 -30 -08 before me, Archimedes Tadique Reyes — NOTARY PUBLIC Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared Jerry L. Hancock 00 ca.rawlor "r° Place Notary Seal Above x® personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer— Title(s): J Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT GP SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUPoIBPRINT OF SIGNER LN 0 20116 National Notary Association • 9250 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item Na 59N v609 Reorder: Cali Toll -Free 1-600416 -682] SREPImLIC Company 0 POWER OF ATTORNEY KNOW ALL MEN BY THESE. PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: ; JAMES••A. SCHALLER, NANETTE MYERS, MIKE PARIZINO, LINDA ENRIGHT' JERI APODACA, RHONDA C.., °ABEL,. JANE, KEPNER, ROSA E. RIVAS, .OF, TRVINE',' CA-:' its true and lawful Attorney(s) -in -Fact, with full power and authority, not exceeding $10,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the comparry thereto (it a seal is required), bonds, undertakings, recognizances or other written obligations in the natura theroof, (otherthan bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bRrtds, self- insurance workers oompensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remedlation bonds or black lung bonds), as follows: •' •. ALL WRITTEN.INSTRUMENTS IN AN AMOUNT NOT ,TQ EXCEED AN AGGREGATE OF FOUR,MILLION DOLLARS($4 ,000,000)--- >------=---- • - - - - -- - -- FOR ANY SINGLE OBLIGATION, REGARDLESS OF THE NUMBER OF�INSTRUMENTS ISSUED FOR THE OBLIGATION. •5..,and:to bind OLD REPUBLIC SURETY COMPANY thereby, and alt of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless printed on colored background and is multi - ;colored. This appointment is made under and by authority of the board of directors at:a special meeting held on February 18, 1982. This Power of. Attorney is signed and sealed by facsimile under and by the authohty..of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice - president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog- nizances, and suretyshiprobljgations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER,t(iat any bond, unde taking, recogn zance, or suretyship obligation shall ldevalltl and binding upon the Company (1) when signed by. the president, any vice president or assistant vice president, and attested and sealed \flf a seal be required) by any secretaryorassistant secretary; or .. (ii) when signed by the president, any vice president or assfstantvice president, secretary or assistant secretary, and countersignedand sealed (if a. seal be required) by a duty authorized attorney -in -fact or agent; or ' (iii) when duly executed and sealed Of a seat be. required) by one or more attorneys-in-fact or agents pursuant to and within the Emits of the authority evidenced by the Power of Attorney issued by the`company to such person or persons. _. RESOLVED FURTHER,that the signature of any authorized officer anti the seal of the company may be affixed by facsimile to any flower of Attbmey or catificabon thereof authormng the execution and delivery of any,bond, undertaking, recognizance, or other suretyship obligations of the company', and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused'these presents to be signed by its proper officer, and its corporate sepl to be affixed this 10TH day of JULY, 2007. .. OLD REPUBLIC SURETY COMPANY Assistant Secretary ` M President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 10TH day of JULY, 2007 GERALD C. LEACH personally came before me, and RICK A. JOHNSON to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly, 9woin; did severally depose and say; that they are said officers of the "Corporation aforesaid, and that the seal affixed to the above,instrument isJhe seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed, and subscr. bed to the said 'instrument by the authority of the board of directors of said corporation. Norm � • I .. ?•9l/ 9t +; .T .. Notary Pub'Ab ouvoo , % 01/18/2009' i; commission ex Tres: CERTIFICATE I, the undersigned, assistant secretary of the OLDIREPUB'LIC SURETY COMPANY; a Wisconsin corporation, CERTIFY that the foregoing and attached, Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the, Power of Attorney, are now in force. ' ' QPR Z 74-5895., .......... „,w . . . 9 2a Signed and sealed at the City of Brookfield, WI this day of” AON' RISK S�TI — .. AssistaW Secretary ORSC 22252 I2 /071 Best's Rating Center - Company Information for Old Republic Surly Company Rating Center �{,�� a / men Ratings: Financial Sirenyn Issuer Oil Securities Advanced sat Rating Methodology it - Old Republic Surety Company wiiBmCerNQn avwdm US�aafaeuarca Cwwcl lrdlxitry Resealotl Ratings Definition1s �,,..k, Search Best's RBtngs Financial Size Category: VI ($25 Million to $50 Mlliot) aAm Y'COGY 10141:aataearet Preas Rekoses Address: P.O. Box 1695 Phone: 262 -797-2640 Milwaukee, WI 53201 Fax 262- 797 9495 Related Igredue46 p Web: www.orsurety.com Best's Ratings CAtilb'v lil$M .Structured Flter" Financial Strength Ratings YjVW pgfinifons Rating: A (Excellent) How to Gal Ailed Financial Size Category: VI ($25 Million to $50 Mlliot) Outlook: Stable Effective Date: Juno 07, 2007 C,DftliLi an Artal " Denotes Under Review Best's Ratings Page 1 of 1 oaurwebcamers: s,- 1N. s i.in.— tlbmmpnw uui new. ,�wROe an e+wibmamMm nu.. coping vbLgW ere b glayhvltl.rs m Issuer Credit Ratings VIOW Definitions Long -Tenn: a+ Outlook: Stable Action: Upgraded Date: June 07, 2007 Reports and News Visit our NewsRoom for the latest Hews and press releases for this company and its A.M. Best Group. f AMB Credit Report- Insurance Professional (Unabridged) (formerly known as Best's Company Report) - includes Sears Full rationale along with comprehensive analytical commentary. detailed business overview and key financial data. sir Report Revision Date: 07/10/2007 (represents the latest significant change). Historical Reports are available in 6MB Credit Report - Insurance Professional (Upaondgedl Archive. Bast's Executive Summary Reports (Financial overview) - available in three versions, these presentation style reports feature balance's key financial performance tests including profnabany, liquidity, and reserve analysis. Data Slaws: 2008 Best's Statement Rte - PIC. US. Contains data compiled as of 5!32008 (Quality Cross Checked). I Single Company -five years of financial data specifically an this company. I Comparison - side -by -side financial analyses of this company with a peer group of up to five other companies you s elect. I Camp__site - evaluate this company's financials against a peer group composite. Repon displays both the average and total composite, group. AMB Credit Reno " - Bualnesp,Professional - promdes three years of key financial data presented with colorful chans and tables. Each re latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. I Data status: Contains data compiled as of bW008 (Quality Cross Checked). lrBast's Key Rating Guide Presentation Repo" - includes Bests Financial Strength Rating and financial data as provided in Best's Key Ra o Data Status: 2006 Financial Data (Quality Cross Checked) Financial and Analytical Products Beat's Property /Casualty Center- Premium Data & Reports Bests Key Rating Guide - P /C. US & Canada Best's StatemamBle, - PIC. US Bears Stelemant File - Global Bears Insurance Reports -.PIC. US & Cartago Bast's State Une.- P /C. US Bears Insurance Expense Exhibit IIEE) P /C. US Best's Regulatory( anter Market Share Reports aast's.Schedule P (Loss Reserves) - PIC, US Customer Service I Product Support i Member Center I Contact Info I Careers About A M Best I Site Map I Privacy Policy I Security I Tame of Use I Legal & Licensing Copyright ®20118 A.M. Best Company. Inc. All rights reserved. A.M. Best Woddwde Headquarters. Ambesl Road. Oldxiek. New Jersey, 08858, U.S.A. http: / /www3.ambest. com /rati ngs/Ful I Profile. asp ?B I =0 &AM B N um= 2814 &AItS rc =... 05/05/2008 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractors total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: AEP -Span Material Supplier 20% Address: 2110 Enterprise Rd. West Sacramento, CA 95691 Phone: 800- 272 -2466 State License Number: n/a Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Pre -Fab Builders, Inc. Bidder Signature/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Pre -Fab Builders, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Flight Simulator Facility Nellis AFB, Las Vegas, NV Contzact No. 873-13120 Project Description Provide Pre - Engineered Metal Building & Labor to install. Approximate Construction Dates: From 12/15/07 To: 3 -15 -08 Agency Name OS Army Corps of Engineers /Straub Construction Contact Person Richard Straub Telephone ( 76)0- 414 -9000 $617,000.00 617,000.00 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO. i 0 No. 2 Project Name /Number City of Fullerton Municipal Airport Project Project Description Provide and install pre- engineered metal hangar. Approximate Construction Dates: From 11-5-07 To: 3 -19 -08 Agency Name City of Fullerton / MW Construction Inc. Contact Person Mike Stevens Telephone( 760- 745 -9799 $641,000.00 641,000.00 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. NO. No. 3 Project Name /Number Lakewood Sheriff Station Expansion Project Project Description Provide and Install Pre - engineered metal building. Approximate Construction Dates: From 8-12-07 To: 3 -12 -08 Agency Name City of Lakewood Sheriff Department/ Pinner Construction Contact Person Denny Orem Telephone (714/- 490 -4000 $160,876.00 160,876.00 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO. E No. 4 Project Name /Number Project Description City of Newport Beach - Big Canyon Job Pump enclosure project @ Big Canyon Reservoir Approximate Construction Dates: From 3 -1 -08 Tn- 3 -10 -08 Agency Name City of Newport Beach - Utilities Department Contact Person Cindy .Asher Telephone (941 644 -3010 24,404.82 24,404.82 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO. No. 5 Project Name /Number City of Newport Beach - Repair Underside of Roof Project Description Preovide materials & labor to repair roof system Approximate Construction Dates: From Agency Name Contact Person 1 -23 -08 2 -3 -08 City of Newport Beach - Utilities Dept. Ed Burt .Telephone( 919 644-3010 16,438.80 16,438.80 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO. W No. 6 Project Name /Number City of Colton - Hutton Center Prefab Project Project Description Piovide and Install PEMB Approximate Construction Dates: From 5 -20 -07 To. 6 -20 -07 Agency Name City of Colton - Public Works Dept. Contact Person Amer Jakher Telephone ( 919 370 -5065 Original Contract Amount �2,145_P, iiOnal Contract Amount $ 32 145.00 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. 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 tF Contractor's current financial conditions. i Pre -Fab Builders, Inc. Bidder 10 Signaturefritle • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) Jerry L. Hancock being first duly sworn t depposes and says that he or she is Vice - President of Pre -Fab Bul rs, Inc., 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 rat, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the Pre -Fab Builders, Inc. Subscribed and swum to (or affirmed) before Of April 2008 irrect. by Jerry L. Hancock , personally known to me or 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. Notary Public Archimedes Tadique Reyes - NOTARY [SEAL] PUBLIC My Commission Expires: 11-12-2011 . caMtbrnto 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 DESIGNATION OF SURETIES Bidders name Pre -Fab Builders, Inc. 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): Bid Bond /Performance & Payment Bond shall be procured from the following surety and insurance a - OLD REPUBLIC SURETY GROUP 18300 Van Yarman Ave. Ste. 640 Irvine, CA 92612 Tel. 949- 797 -9020 AON Risk Services of SouthernCalifronia 1401 Main Street: Irvine, CA 92614 Tel. 949- 608 -6300 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Pre -Fab Builders, Inc. 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. 13 Current Record Record Record Record Record Year of for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts 87 125 1 1 0 97 0 419 Total dollar Amount of Contracts (in 8.9m 7.2M 6.8M 5.8M Thousands of $ No. of fatalities -0- No. of lost Workday Cases -0- -0- -0- -0- -0- No. of lost workday cases involving -0- -0- -0- -0- -0- permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder Pre -fab Builders, Inc. Business Address: 3006 E. Coronado St. Anaheim, CA 92806 Business Tel. No.: 714 -575 -9265 State Contractor's License No. and Classification: 780533 C -51 Title Metal Rid din F.Yart 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 thoseAecords. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title N. /__ L. Hancock for Pre -Fab Builderpy Inc. If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. 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 of fewer than all of the partners /joint ventures if submitted 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 notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case -of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 ACKNOWLEDGEMENT OF ADDENDA Bidders name Pre -Fab Builder, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 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: Pre -Fab Builders, Inc. Business Address: 3006 E. Coronado St. Anaheim, CA 92806 Telephone and Fax Number: PH 714 -575 -9265 FX 714- 575 -9269 California State Contractor's License No. and Class: 780533 C -51 (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: 6 -30 -08 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: Jack N. Gill & Jerry L. Hancock 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 Jack N. Gill President Jerry L. Hancock Vice - President Telephone 714- 575 -9265 714 -575 -9265 Archie T. Reyes CFO /Treasurer 714 - 575 -9265 Corporation organized under the laws of the State of 16 Califoonia The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: None 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; None Briefly summarize the parties' claims and defenses; None Have you ever had a contract terminated by the owner /agency? If so, explain. None 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 compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?YM / No Are any claims or actions unresolved or outstanding? ]fffsi/ No 17 0 - ! 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. Jack N. Gill - President (Print name of Owner or President of Corpo ti n /Company) Pre -Fab Builders, Inc. .�/ Bidder A6thorizedZianaturt On 4 -30 -08 personally appeared Title 4 -30 -08 Date before me, Archimedes Tadique ReyetsNotary Public, Jerry L. Hancock 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. ComnNNbn I 1 »� SEAL} � COW Notary Public in and fo aid State t>RsNt My Commission Expires: 11-12-2011 m • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 CONTRACT THIS AGREEMENT, entered into this day of /, 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and PRE -FAB BUILDERS, INC., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: "The work necessary for the completion of this contract consists of removing and reinstalling existing metal roof, removing deteriorated metal roof members, gutter and flashing, installing new roof members, gutter and flashing, painting exposed roof members and installing bird netting under roof." WHEREAS, 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, City and Contractor agree as follows: A. 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, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3966, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). 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. B. 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. 20 • • C. COMPENSATION 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 One Hundred Eighteen Thousand, Six Hundred Fourteen and 001100 Dollars ($118,614.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Tom Sandefur (949) 6443312 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Pre -Fab Builders, Inc. 3006 E. Coronado Street Anaheim, CA 92806 714 - 575 -9265 714 - 575 -9269 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 E U r1 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 0 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 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 the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor 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 in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPROVED AS TO FORM: AARON C. HARP Assistant City Attorney 25 CITY OF N_FWPORT BEACH A Municrpora on an PRE -FAB BUILDERS, INC. By: C (C orate Officer) Title: 'S;'AC C Print Name: ?hGC 69'1( By: (Fin ialOfficer) Title: C_ Print Name: A"#16 T. AOYO-S • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 BOND NO. wcN125o284 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to PRE -FAB BUILDERS, INC., hereinafter designated as the "Principal," a contract for construction of CORPORATION YARD BUILDING "G° ROOF REHABILITATION, Contract No. 3966 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3966 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, Old Republic Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Eighteen Thousand, Six Hundred Fourteen and 00 /100 Dollars ($11 8,614.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principal's subcontractors, fall 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 attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect Its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 14th day of May 2008. Jack N. Gill - President Pre-Fab Builders, Inc. (Principal) Old Republic Surety Company Name of Surety 18300 Von Karman Avenue, Suite 640 Irvine, CA 92612 Address of Surety 949 797 -9020 Telephone X on S�gnaturelTitle � ;�U ter-_.. Authorized Agent Sign6fure Nanette Myers, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 9 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of Orange li On 5-15-08 before me, Archimedes Tadigue Reyes - NOTARY PUBLIC Date Name antl Title of rnficer (e.g., -Jane Doe, Notary PobW ) personally appeared ME ES Commission 1 1774266 NorOry tllubtto - ca"romlo Orange Cavil W�nE�Yirt6af12.�11 Place Notary Seal Above Jack N.Gill x29 personally known to me ❑ (or 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/herAheir authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature "" " t-vi � � Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual xx❑ Corporate Officer— Title(s): President • Partner — ❑ Limited ❑ General • Attorney in Fact NMNBH- Trustee Top of thumb here • Guardian or Conservator • Other: Signer Is Representing: Prp-Fah Bniltlarcr Tnr_ Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHiTTHU rBPRINT OF SIGNER 0 2006 National Notary Assodation • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth. CA 913132492 Item No. 5907 x609 Reorder: Call To14Free 1- 800 - 876 -6827 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange MAY 14 2M8 On before me, K. Luis Notary Public (Here insert name and title of the officer) personally appeared Nanette Myers who proved to me on the basis of satisfactory evidence to be the person(, whose name( is/w subscribed to the within instrument and acknowledged to me that he/shelbzq executed the same in his/her /their authorized capacity(, and that by bos/her/r signature(s) on the instrument the persons), 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. s.luu `641 WITNESS my h d and official seal. Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION Commission N 1770641 Notary Publle • Cglltornia Orange County MYCptrtt.E>�iosNOV6,2p11 + (Notary 3eap DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional inficamnion) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer ❑ Parwzr(s) IN Attorney -jn Fact ❑ Ttustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is f a document Is m be recorded outride of California In such lastanees, any alarrnattm acknowledgment verbiage as may be printed on such a document so long as the verbiaga does trot require the notary to do something that s illegal for a notary in CaUfornia ft.e. certifying the authored capacity of the signer). Please check the document carejuUyjor proper notarial wording and attach this form ifrequired. • State and County information meat be the State and Comity where the document aigner(a) personally appeared before the notary public fm acknowledgment • Date of notarization must be the date that the signers) pessonaay appeared which must also be the same date the acknowledgment is completed. • Thu notary public must print his of her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the manes) of document aigner(s) who personally appear at the tune of notarization. • Indicate the coveet singular or plural forma by creasing off incorrect forms (i.e. helshdtlrey, is /am) or amcling the couectforms. Failure to correctly indicate this infermatioamay lead to rejection of document recording. • The notary seal impresaim must be claw and photographically reproducible. Impression moat not cover text or lines. If seal impression smudges, reseal if a suffaeient area permits, otherwise complete a different acknowledgment fort. • Signature of the notary public must match the signature an file with the office of the county oleic. fi Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a d'dtereet doomeent Indicate title or type of attached document, number of pages and date. d• Indicate the capacity claimed by the signor. If the claimed capacity is a corporate officer, indicate the title (Le. CPA, CFO, Secretary). • Securely attach this document to the signed document Surety Company REPUBLIC POWER OF ATTORNEY KNOW ALL MEN BY.FHESE PRESENTS: That OLD REPUBLIC SURETY COMPANY,'a Wisconsin stock insurance corporation, does make, constitute and appoint: JAMES•A. SCHALLER, NANETTE MYERS, MIKE PARIZINO," LINDA "ENRIGHT,,,JERI APODACA, RHONDA'C.'ABEL,:JAN& REPNER,.ROSA E. RIVAS, OF..'.IRVINE, 'CA' its true and lawful Attorneys) -in -Fact, with full power and authority, not exceeding $10,000,000; for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seafis required), bonds, undertakings, recognizances or other written obligations in the nature thereof; (othe *than bail bonds, bankdeposrtory bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty lids, ` "self- insurance workers compensation bonds guaranteeing payment of benefits; asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: , ALL WRITTEN 4INSTRUMENTS IN AN AMOUNT NOT.TO',EXCEED AN AGGREGATE OF FO):TR MILLION DOLLARS ($4,000,000)-----7 - 7' = - -- - - = - -_- - -' FOR ANY SINGLE "... OBLIGATION; REGARDLESS OF THE NUMBER'OF,INSTRUMENTS ISSUED._'FbR THE OBLIGATION. :,and to bind OLD REPUBLIC SURETY COMPANY thereby, and 64 of the acts of said Attomeys- in- Fap't, pursuant to these presents, are ratifigd and confirmed. This 'document is not valid unless printed on colored background and is multi - colored. Thjs.'appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of.Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. " ' RESOLVED that, the president, any vice - president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog- nizances, and suretyship, obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously grar"rted to such person. A RESOLVED FURTHER,th2t any bond, uhde taking, recognizance, or suretyship obligation shall bevalkl and binding upon the Company (i) when signed, by the paddent, any vice pmsOqnt or assistant vice president, and 4tested and sealedlif a Mal be required) by any secretaryorassistant secretary M, ; or . (ii) wfien signed bythe preside any vice president oraspWantvice president, secretary:or assistant secretary, and countersir hedand sealed (ifs seal be required) by. a duly authorized attomey -in= factor "agent; or ' (iii) when duly executed and sealed (f a seal. be'nequjred) by one or more attorneys -in -fact or agents pursuant to and within the lenits of the authorlry I eviderfced..by the Power of Attorney issued by thecompany to such person or persons. t RESOLVED FURTHER,thatthe signature of any authoriked officer and the seal of the company may be affixed by facsimile to arty Power.of.Attorney or certification thereof autlwriarhy the execution and delivery of any bond, uridertalahg, recognizance, or other suretyship obligations of the compvry; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has causedthese presents to be signed by its proper officer, and its corporate seal to be affixed, this, , 9TH day of JANUARY:,. 200'8. "; " OLb REPUBLIC SURETY COMPANY zo suR3y R x. ' E{} 5 e ` Assistant Secretary m a?g Preaident STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 9TH day of JANUARY, 2008 , personally came before me, GERALD C. LEACH and RICK A. JOHNSON to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly _sword, did severally depose and say; that they are said officers of the eorporation aforesaid, and that the seal affixed to the aboveJnstrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. Notary Public '�1 Wal.lc,'g re a Nlycommission expires: 01/18/21)09 CERTIFICATE I, the undersigned, assistant secretary of the OL'D REPUBLIC SURETY COMPANY,,a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force.' 1 4 74 -5895 „�,aw Signed and sealed at the City of Brookfield, WI this day of AON RISK S VAC Assistant Secretary 22262 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 BOND NO. WCN 1250284 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,303.00 being at the rate of $ Fi st100,000® 11.25Remaiader @7.50 +3 %Wo l thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to PRE -FAB BUILDERS, INC., hereinafter designated as the "Principal ", a contract for construction of CORPORATION YARD BUILDING "G" ROOF REHABILITATION, Contract No. 3966 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3966 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and old Republic Surety 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 One Hundred Eighteen Thousand, Six Hundred Fourteen and 001100 Dollars ($116,614.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Princ ipaPs 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. 28 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way 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 the City. In the event that the Principal executed this bond as an individual, It is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 14th day of May 2008. Jack N. Gill - President Pre -Fab Builders, Inc. (Principal) Old Republic Surety Company Name of Surety 18300 Von Karman Ave., Suite 640 Irvine, CA 92612 Address of Surety 949 797 -9020 Telephone X horize ignature/Title Authorized Agent Sig tune Nanette Myers, Attomey -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 ax_T State of California County of Orange On 5 -15 -08 before me, Archimedes Tadique Reyes - NOTARY PUBLIC Date Name aM Title of Dlflcer (e.g., `Jane Doe, Notary Public') ' personally appeared Jack N. Gill Place Notary Seal Above N3 personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his/herftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance Bond Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual X)CI Corporate Officer — Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Pre -Fab Builders, Inc. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: HIGHTTHDbiSPHINT OF SIGNER 0 0 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • ChaUworth, CA 91 31 3 -24 02 Item No. 5907 v609 Renroer: Call Toll-Free 1- 6004176 -6827 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On MAY 14 2008 before me, K. Luu. Notary Public (here insert name and title of the officer) personally appeared Nanette Myers who proved to me on the basis of satisfactory evidence to be the person(R) whose name(x) is/iue subscribed to the within instrument and acknowledged to me that bmishe/thvyt executed the same in b¢s/her/ftix authorized capacityW, and that by bi&/her /*Ai:r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrtunent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct K. 1.111.1 WITNESS my bpd and official seal. Commission # 1778641 II • Notary Public - California Orange County (Notery Seal) WCartrn. SON 114ov6,2011 Sighfiars of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAMIED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) CK Attomey -jn Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Calrforna must connate verbiage esadly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only arcepmon Is if a document is ro be recorded outside ofCalffurnia In such Instances, any alternative acknowledgment verbiage as may be printed on such a darat e l so long as the verbiage does not require the notary to do something that is Illegal for a notary in Cahfarnis (ix cert6hug the mtharaed capadty of the sVg ). Please check the document carefullyfor proper notarial wording and attach this farm ifrequired. • Slate and County infomation must be the State and County where the document signa(s)personsllj appuredbeforethenotarypublicforaclmo Mgmcm. • Date of notarization must be the date Out the sisma(s) personally appeared which mustslao be the same date the acknowledgment is cansplded. • The notary public must print his or her more ae it appears within his or her commission followed by a comma and than your title (notary public). • Print the name(a) of document signer(s) who personally appear at the time of notarization. • Indicate the comet singular of plural forms by crossing off incorrect forms (i.a haJshdthay, -is /aw) or circling the eomotforms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression moat not cover tart of lines. If seat impression smudges, reseal if a suffmciant area permits, otherwise complete s different aclawwledgment form. • Signatats of the notary public must match the sippaturo on file with the office of the county clerk. 0 Additional infomtation is not required but could help to onaure this acknowledgment is mtmisund ar attached to a different document. 4 Indicate title or type of attached document, number of pages and data -} Indicate One capacity claimed by the signet. If be claimed capacity is a corporate officer, indicate the title (i.a CEO, CFO, Secretary). • Securely attach this document to the signed document a a ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID PATE (MMR7/ 08 PFEFA -1 OS 27 OB PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alliant Insurance Services, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (Lic- OC36861) P O Box 3280 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY NUMBER DATE MMIDD/YY San Bernardino CA 92413 -3280 Phone: 909- 886 -9861 Fax:909 -886 -2013 INSURERS AFFORDING COVERAGE NAIL# INSURED NSURERA: Liberty Surplus Ins /TBC INSURERS: Peerless Insurance Company $110001000 $50,000 INSURER HaUonal moan Faw Ins X Pre Fab Builders Inc INSURER D: 04/30/08 P O Box 6339 Anaheim CA 92816 -- — ,NSURER E: CLAIMS MADE OCCUR COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AM REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMIT$SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 90 SHALL TYPE OF INSURANCE POLICY NUMBER DATE MMIDD/YY ([(gyp DATE (NE1 Dffy) LIMITS REPRESENTATIVES. AUTHOPED REPR ATIPE GENERAL LIABILITY EACHOCCURRENCE $110001000 $50,000 A X X COMMERCIAL GENERAL LIABILITY DGLSF184424045 04/30/08 04/30/09 PREMISES Ea ocarence CLAIMS MADE OCCUR MEDEXP(". pemon) $N /A PERSONAL a ADV INJURY $1,00-0,000 X 5,000,000 Pol Agg GENERAL AGGREGATE $2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG s2,00-0,000 POLICY X JE° LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 B X AN Y AUTO CBP9624175 04/30/08 04/30/091(Ea accOwl) $ ALL OWNED AUTOS BODILY INJURY JX SCHEDULED AUTOS (Per pemon) $ HIRED AUTOS BODILY INJURY X NON- OWNEDAUTOS (Per aw em) $ 'PROPERTY DAMAGE _ (Par aecidem) GARAGE LIABILITY .AUTO ONLY - EA ACCIDENT $ S ANY AUTO . OTHER THAN -EA ACC 3 AUTO ONLY: AGG EXCESSNMBRELLA LIABILITY I EACH OCCURRENCE $4,000,000 C X OCCUR 0CIAIMSMADE BES711774 04/30/08 04/30/09 AGGREGATE $4,000,000 8 $ DEDUCTIBLE $ RETENTION $N /A 1 WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT -- $ ANYPROPRIETOFbPARTNER/EXECUTNE __ _ OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ E S. d�wbe vwe SPECIAL PROVISIONS bale E.L. DISEASE -POMY LIMIT $ OTHER i DESCRIP1ION OF OPERATIONS 1 LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Job: Corporation Yard Bldg "G" Roof Rehabilitation. The City of Newport Beach, its officers, agents, officials, employees and volunteers are addll insd /prim wrdg as respects gen'1 liab per end'ts CG2010(11/85) 6 CGL10310403; add-1 insd as respects auto liab per GECA701 01/07. *Except 10 day for non -pay. Null S Voids prior cart issued 5/13/08. CERTIFICATE HOLDER CANCELLATION CINEW02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO City Of Newport Beach DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* D1IYSYIRITTEN Public Works Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 90 SHALL Attn : Tom Sandefur IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3300 Newport Blvd Newport Beach CA 92663 REPRESENTATIVES. AUTHOPED REPR ATIPE ACORD 25 (201DT108) (6) ACURD CORPURATION ISUB E LSI. Corporation liberty Surplus [=.Ce Cnrtinn NO.5 E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement Effective Date: 4/30/08 Policy No: DGLSF 184424045 Insured: Pre Fab Builders, Inc. ADDITIONAL INSURED —OWNERS, LESSEES OR CONTRACTORS — SCHEDULE As per written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability ansing out of 'your work" for that insured by or for you. CGL 2010 1195 Page I of 1 adw iVLSI� ..r...n I.iherty .Yrrylus lnsnranrt l'neP.�raUnn ENDORSEMENT NO. 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ [1' CAREFULLY. Endorsement Effective Date: 4/30/08 Policy No: DGLSF 184424045 In'"red: Pre Fab Builders, Inc. PRIMARY INSURANCE CLAUSE ENDORSEMENT To the extent that this insurance is afforded to any additional insured under the policy, such insurance shall apply as primary and not contributing with any insurance carried by such additional insured, as required by written contract. Nothing herein contained shall be held to waive, vary, alter or extend any condition or provision of the policy other than as above stated. CGL 103 1 0403 Page 1 of t LS1. i ENDORSEMENT NO. 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE. READ IT CAREFULLY. Endorsement Effective Date: 4 /30/08 Policy No: DGLSF 184424035 Insured:, pre Fab Builders, Inc. AVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US It is hereby agreed that Section 1V, item 8. Transfer of Rights of Recovery Against Others to Us, is modified as follows: SCHEDULE Name of Person or Organization: As required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule above. CGL 1025 0103 0 0 Insured Name: Pre Fab Builders Inc Policy Number: CBP9624175 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modes insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self - insured retention plan available to that organization; or (2) To 'bodily injury' or 'property damage' that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered 'auto' you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered 'auto' by an insured, if: GECA 701 (01107) Includes copyrighted material of Insurance Services Offices, Inc. with its permission AGENT COPY Page 1 of 3 0 0 (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) An expressed provision of an 'insured contract„ or written agreement; or (b) An expressed condition of a written permit issued to you by a governmental or public authority. (2) The 'bodily injury' or 'property damage' is caused by an 'accident' which takes place after. (a) You executed the 'insured contract'; or written agreement; or (b) The permit has been Issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident: we cover. We do not have to fumish these bonds. (4) All reasonable expenses incurred by the `insured' at our request, including actual loss of earning up to $500 a day because of time off from work. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any ''auto' you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered 'auto' for each of your physical damage coverages. b. The most we will pay for 'loss' in anyone `accident' is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the 'loss "; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the 'accident', we will also pay up to $500 per 'accident' for the actual loss of use to the owner of the covered 'auto'. c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned 'auto' for that coverage. However, any Comprehensive coverage deductible shown in the Declarations does not Includes copyrighted material of Insurance Services Offices, Inc. wth its permission GECA 701 (01107) Page 2 of 3 AGENT COPY 0 0 apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered 'auto' you hire without a driver and excess over any other collectible insurance for any covered 'auto' that you hire with a driver. 5. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an 'auto' because of `loss' to a covered 'auto'. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered' auto'. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 8. Lease Gap Coverage If a long -term leased 'auto' is a covered 'auto' and the lessor is named as an Additional Insured — Lessor, in the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the `auto' at the time of the loss and the 'outstanding balance' of the lease. `Ourstanding balance' means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3: The exclusion for 'loss' caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for 'loss' to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. GECA 701 (01107) Includes copyrighted material of Insurance Services Offices, Inc. with its permission AGENTCOPY Page 3 of 3 0 9 b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c. does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered 'auto' at the time of the 'loss' and such equipment is designed to be solely operated by use of the power from the 'auto's' electrical system, in or upon the covered `auto'; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered 'auto' or the monitoring of the covered 'auto's' operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered 'auto' normally used by the manufacturer for Installation of a radio. C. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION IV. — BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suite, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim 'suite', or loss. Knowledge of an accident, claim, 'suit', or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and locatlon of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (01107) Page of 3 AGENT COPY 0 0 'auto' pursuant to the provisions of the 'insured contract', written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAIRLURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason GECA 701 (01107) Includes copyrighted material of Insurance Services Offices, Inc. with its permission AGENT COPY Page 5 of 3 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: May 27, 2008 Dept. /Contact Received From: Shauna Oyler Date Completed: May 27, 2008 Sent to: Shauna Oyler By: Tara Hemmingsen Company /Person required to have certificate: Pre Fab Builders, Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: Liberty Surplus InsJMC B. AM BEST RATING (A: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $2 Mil agg / $1 Mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must ® Yes ❑ No include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The ® Yes ❑ No City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON- CONTRIBUTORY WORDING (Must be ® Yes ❑ No included): Is it included? H. CAUTION! (Confirm that loss or liability of the named ❑ Yes ®No insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Peerless Insurance Company B. AM BEST RATING (A: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ® Yes ❑ No $1 Mil ® Yes ❑ No ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 0 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A: VII or greater): NOT RATED C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? 0 0 CERTHOLDER COPY SP STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 05 -14 -2008 GROUP: POLICY NUMBER: 7651031 -2007 CERTIFICATE ID: 192 CERTIFICATE EXPIRES: 12 -01 -2008 12- 01-2007/12 -01 -2008 CITY OF NEWPORT BEACH SP JOB:CORP YARD BLDG G PUBLIC WORKS DEPT ROOF REHAB 3300 NEWPORT BLVD NEWPORT BEACH CA 92883 -3816 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. =11RIZE1REPRESENTATI PRESIDENT THIS CERTIFICATE IS PART OF AN ADR FAMILY THAT ALSO INCLUDES THE FOLLOWING POLICIES: 8651031 -07 EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 81,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - JACK N.GILL PRIES - EXCLUDED. ENDORSEMENT #1600 - ARCHIE T. REYES CFO - EXCLUDED. ENDORSEMENT #1600 - JERRY L. HANCOCK VPRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12 -01 -2007 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2007 -12 -04 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER PRE -FAB BUILDERS,INC PO BOX 6339 ANAHEIM CA 92816 SP [CJ2,CNI IREV.2.051 PRINTED : 05 -14 -2008 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CORPORATION YARD BUILDING "G' ROOF REHABILITATION CONTRACT NO. 3966 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3966 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @ Dollars and Cents $ 10,834.00 Per Lump Sum 2. Lump Sum Remove Existing Eave Strut And Install New @ Dollars and 5,859.00 Cents $ Per Lump Sum 3. 15 Each Remove Existing Purlin And Install New @ Dollars and Cents $ 925.00 ea$ 13,853.00 Per Each 4. Lump Sum Remove Existing Rake And Install New @ Dollars and Cents $ 5,277.00 Per Lump Sum 11 • PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 0 7 I:] Lump Sum Remove Existing Gutter And Install New @ Dollars and $ 14,401.00 Per Lump Sum Lump Sum Clean and Paint All Metal Members @ Dollars and 43,100.00 Cents $ Per Lump Sum Lump Sum Furnish and Install Bird Netting @ Dollars and Cents $ 24,068.00 Per Lump Sum Lump Sum As Built Plans @ Dollars and 1,200.00 Cents $ Per Lump Sum TOTAL PRICE IN WRITTEN WORDS Thousand * *One Hundred Eighteen Five hundred Ninety Two & 00/100 * ** Dollars and zero Cents 4 -30 -08 Date PH 714 - 575 -9265 _Xx-711i -a75 9260 Bidder's Telephone and Fax Numbers 780533 C -51 Bidder's License No(s). and Classification(s) Bidder's email address: prefab@aol.com $ 118,592.00 Total Price (Figures) Pre- Fao-,Builders, Inc. Bidder Bidd s Au orized Signature and Title 300 E Coronado St. Anaheim, CA Bidder's Address Check A License: Contractor's License Detail Page 1 of 2 • • Skip to: CSLB Home I Content I Footer I Accessibility earct Department of Consumer Affairs aw*,'%- r 0410V Contractors State LicefteMoard Yk�1�ifgCt l.tt�l.�tiairi►Iltrli�lil�kllf 11ff! I%Ik11 {.kl��4Fff'el�aaef11 CSLB Newsroom Board and Committee DISCLAIMER: A license status check provides information taken from tht Meetings CSL8 license database. Before relying on this information, you should be awa Disaster Information the following limitations. Center This license filed Contractors Bond number 6072243 in the amour $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2007 Contractor's Bondiny_History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) JACK NORMAN C certified that helshe owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual not required. Effective Date: 06121/2000 http: / /www2.csib.ca.gov /General - Information /interactive- tools /check -a- license /Li... 05/05/2008 • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pt CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link c Frequently Asked to obtain complaint and /or legal action information. Questions • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are dis. Online Services • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr • Check A License or HIS • Due to workload, there may be relevant information that has not yet been entered onto it Registration Board's license database. • Filing a Construction Complaint • Processing Times License Number: 780533 Extract Date: 05/05/2( • Check Application Status Business PRE - FAB BUILDERS INC • Search for a Surety Bond Information: P O BOX 6339 Insurance Company ANAHEIM, CA 92816 • Search for a Workers' Business Phone Number: (714) 575 -9265 Compensation Company Entity: Corporation How to Participate Issue Date: 06/2112000 Expire Date: 06/30/2008 License Status: This license is current and active. All information below should b, reviewed. Classifications: CLASS DESCRIPTION C51 STEEL STRUCTURAL Bonding: CONTRACTOR'S BOND This license filed Contractors Bond number 6072243 in the amour $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2007 Contractor's Bondiny_History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) JACK NORMAN C certified that helshe owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual not required. Effective Date: 06121/2000 http: / /www2.csib.ca.gov /General - Information /interactive- tools /check -a- license /Li... 05/05/2008 Check A License: Contractors License Detail • Page 2 of 2 Workers' This license has workers compensation insurance with the Compensation: STATE COMPENSATION INSURANCE FUbO Policy Number: 7651031 Effective pate: 12/01/2006 Expire Date: 12/01/2008 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Consumers I Contractors I Applicants I Journeymen Public Works I Building Officials I General Info CSLB Home I Conditions of Use Privacy I Contact CSLB Copyright © 2007 State of California hftp: / /www2. csl b.ca.gov /Genera I -I nformation /i nteractive- tools /check -a -I icense /Li... 05105/2008 C �.lt1�f���r��4n�ia •' �.�.sf %�� �-.s� I`'�>� tt� l California Business Search Page 1 of 1 �ci Ccl:�n of \talc Dt'P.RABOi�?EN DISCLAIMER: The information displayed here is current as of MAY 02, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation PRE -FAB. BUILDERS, INC. Number: C2175474 Date Filed: 8/27/1999 Status: active Jurisdiction, California Address PO BOX 6339 ANAHEIM, CA 92816 -0290 Agent for Service of Process ARCHIMEDES T REYES 522 S MANGOS AVE ANAHEIM, CA 92806 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender', the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. hftp: / /kepler. ss. ca.gov /corpdata /S howAI I List ?QueryCo rpNu m be r= C2175474 &pri... 05/05/2008 A" Encompass Detail Acct. Type: Business Tax License #: ST30022161 Bus. ID: 0052121 Name: PRE FAB BUILDERS INC Owner GILL, JACK Q Name: Owner C Type: Exp. Date: 1 0131 /2 008 S Addy: 3006 CORONADO ST E S Addy 2: Addr3: ANAHEIM CA Zip: 92806 S Addr1: PO BOX 6339 B Addr2: B Addr3: ANAHEIM, CA B Zip: 92816 Phone: 714 575 -9625 FEIN: 330872925 SEIN: 2175474 Established: 1013112007 SIC: 1799 -MISC SPECIAL TRADE CONTRACTORS Owner #: 0052121 # of Emps: 0 usr1: 354624 usr2: usr3: usr4: usr5: usr6: 722161729 usr7: K200800228 - - -- -- -- FF FI I ftta Microsoftj 2jInbox - ... INTEOfff :..' [Microsoft... `o 2 1 a V2'. 0 0 1 1 1 2 2 2 2 2 2 2 2 2 3 3 -3 i? 3 3 3 4 n PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6-9 LIQUIDATED DAMAGES 1 1 1 2 2 2 2 2 2 2 2 2 3 3 -3 i? 3 3 3 4 n 0 0 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 5 7 -8-6.1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -102 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 8 PART 2 - -- CONSTRUCTION MATERIALS SECTION 210 PAINT AND PROTECTIVE COATINGS 9 210 -1.1 General 9 SECTION 215 BIRD NETTING 9 215 -1.1 General 9 215 -1.2 Material 9 215 -1.3 Hardware and Mounting 9 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 9 300 -1 CLEARING AND GRUBBING 9 300 -1.3 Removal and Disposal of Materials 9 300 -1.3.1 General 9 300 -1.5 Solid Waste Diversion 10 SECTION 310 PAINTING 10 310 -5 PAINTING VARIOUS SURFACES 10 310 -5.1.4 Payment 10 is %users \pbw\shared\contracts \fy 07 -09 \corp yard bldg g rehab c- 3966\specs index c- 3966.doc n LJ • SP 1 OF 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MW cmw SPECIAL PROVISIONS CONTRACT NO. 3966 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. B- 5202 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of removing and reinstalling existing metal roof, removing deteriorated metal roof members, gutter and flashing, installing new roof members, gutter and flashing, painting exposed roof members and installing bird netting under roof." 2 -9 SURVEYING 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. • • SP2OF10 SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5--- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." • • SP 3 OF 10 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." SECTION 6--- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: 'The Contractor shall complete all work under the Contract within 45 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 41n the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 241n (Christmas Eve), December 25`n (Christmas), and December 315` (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December `n 31st falls on a Sunday, the following Monday is a holiday. If January 1 "`, July 4 • • SP 4 OF 10 November 11th December 24th December 25"' or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 5:00 p.m. Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 p.m.to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these 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 $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." • • SP5OF10 Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at htta://www.city.newport- beach.ca. us /oubworks /links. htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. The Contractor shall cooperate with the Engineer and the staff of General Services to minimize the impact by construction operations on the operation of the General Services Yard. The Contractor shall furnish and install signage, barricades, delineators, • • SP6OF10 yellow safety ribbon, and any other measures deemed necessary by the Engineer for safety in the Yard." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may not be stored in streets, roads, or sidewalk areas outside the yard. 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 -10.3 Street Closures, Detours and Barricades. Add to this section: "Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. • • SP7OF10 The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a Class "A", "C -39" or "C -51" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built' plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9.3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Remove Existing Eave Strut and Install New : Work under this item shall include removal of existing deteriorated eave strut, installation of new eave strut per plans, reinstallation of any items connected to eave strut, as- necessary bracing, control of dust and protection of work area, disposal of removed strut, and all other work items as required to complete the work in place. • • SP 8 OF 10 Item No. 3 Remove Existing Purlin and Install New: Work under this item shall include removal of existing deteriorated purlin, installation of new purlin per plans, reinstallation of any items connected to purlin, as- necessary bracing, control of dust and protection of work area, disposal of removed purlin, and all other work items as required to complete the work in place. Item No. 4 Remove Existing Rake and Install New: Work under this item shall include removal of existing deteriorated rake, installation of new rake per plans, reinstallation of any items connected to rake, as- necessary bracing, control of dust and protection of work area, disposal of removed rake, and all other work items as required to complete the work in place. Item No. 5 Remove Existing Gutter and Install New: Work under this item shall include removal of existing deteriorated gutter, installation of new gutter per plans, reinstallation of any items connected to gutter, as- necessary bracing, control of dust and protection of work area, disposal of removed gutter, and all other work items as required to complete the work in place. Item No. 6 Clean and Paint All Metal Members: Work under this item shall include removal of existing paint on all metal members including girders, pudins, rakes, columns, roof sheeting and all other exposed metal on the building, cleaning and preparation of members for painting, primer coating members, painting of members, protection of work area, and all other work items as required to complete the work in place. Item No. 7 Furnish and Install Bird Netting: Work under this item shall include providing bird netting per plans, installation of bird netting per manufacturer's specifications and all other work items as required to complete the work in place. Item No. 8 As -Built Plans: The "As- Built' plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." • • SP 9 OF 10 PART 2 CONSTRUCTION MATERIALS SECTION 210 - -- PAINT AND PROTECTIVE COATINGS 210 -1.1 General Add To this section: "Paint shall be pigmented to match, as closely as possible, the existing paint color on the building's surfaces. Contractor shall submit a sample of painted metal to the Engineer for approval of the paint color." SECTION 215 - -- BIRD NETTING 215 -1.1 General. All bird netting shall be designed and manufactured for the exclusion of birds. Contractor shall supply material and installation specs to the Engineer for approval prior to installation of any netting. 215 -1.2 Material. Material shall be a U.V. stabilized knotted polyethylene net. Material shall be flame resistant, rot -proof, chemically inert and non - conductive. Openings in netting shall be sufficiently small enough to exclude all birds from nesting in the facility. 215 -1.3 Hardware and Mounting. All hardware and mounting system shall be galvanized or stainless steel. Mounting system shall be approved by the manufacturer for mounting the system. System shall be approved for mounting the netting to metal girders. Prior to mounting, all surfaces shall be thoroughly clean and free of debris. All mounting shall be secure and tight. Once installed, netting shall be appropriately tensioned to prevent sagging. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www.city.newport- beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of 11 • SP 10 OF 10 jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.1.4 Payment. Replace this section with: "Full compensation for furnishing the labor, materials, tools, and equipment and doing all the work included in preparing surfaces and painting, complete and in place, shall be paid for out of the Lump Sum Item "Clean and Paint All Metal Member" and no other compensation will be allowed. F:%Users1PB MSharedlContractsTY 07.081Corp Yard Bldg G Rehab 0- 396b\SPECS O3966.doc 0 CITY OF NEWPORT BEACH [7;' CITY COUNCIL STAFF REPORT I n No. 8 May 27, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Emmet Berkery 949 -644 -3311 or eberkery@city.newport- beach.ca.us SUBJECT: Birch Street Rehabilitation - Award of Contract No. 3792 Recommendations: Approve the project plans and specifications. 2. Award Contract No. 3792 to All American Asphalt for the Total Bid Price of $609,609, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $60,000 to cover the cost of unforeseen work. Discussion: At 11:00 a.m. on May 6, 2008, the City Clerk opened and read the following bids for this project: BIDDER Low All American Asphalt 2 R.J. Noble Company 3 Imperial Paving Co. 4 Sequel Contractors, Inc. 5 Elite Bobcat Services, Inc. TOTAL BID AMOUNT $609,609.00 $627,107.75 $664,725.00 $667,271.00 $675,500.00 The low total bid amount is 9.6 percent below the Engineer's Estimate of $674,390. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for the City of Newport Beach and other municipalities and agencies. The project location is along Birch Street from Bristol Street North to MacArthur Boulevard. This project includes the removal and reconstruction of deteriorating curb and gutter, sidewalk, drive approaches, cross gutters, and sidewalk access ramps. It also includes cold milling of existing asphalt pavement, and overlaying the existing pavement section with rubberized asphalt. Pursuant to the Contract Specifications, the Contractor will have 35 consecutive working days to complete the work. • Corporation Yard Building G Repair - Award of Contract No. 3966 May 27, 2006 Page: 2 Pursuant to the Contract Specifications, the Contractor will have 45 consecutive working days to complete the work. Environmental Review: The project was determined to. be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Geotechnical. Material Testing, and Survey Services: Geotechnical, material testing, and survey services are not anticipated for this project. Funding Availability: The transfer detailed in the attached Budget Amendment is from a cost savings on a project completed earlier in this year. Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following accounts for the project: Account Description General Fund Proposed uses are as follows: Vendor Pre -Fab Builders, Inc. Pre -Fab Builders, Inc. Prepared by: Tom Sandefur Associate Civil Engineer Attachments: Project Location Map Budget Amendment Account Number 7011- C1002002 Total Purpose Construction Contract Construction Contingency Total Submitted by: Amount $ 130,442 $ 130,442 Amount $ 118,592 $ 11,850 $ 130,442 Works Director 0 0 LOCATION MAP CORPORATION YARD BUILDING "G" ROOF REHABILITATION CONTRACT NO. 3966 C#y of Newport Beach BUDGET AMENDMENT 2007 -08 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND Ix Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 08BA -071 AMOUNT: E3o,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance rx I No effect on Budgetary Fund Balance To transfer expenditure appropriations from the Street, Bikeways and Parking Lot Improvement project to the Corporation Yard Building G Repair and Rehab project for roof repairs. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund /Division Account Description . EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7013 General Fund - Capital Street Projects Account Number C5100019 Streets, Bikeways, & Parking Lot Imprvmts $30,000.00 Division Number 7011 General Fund - Capital Facilities Projects Account Number C1002002 Corp Yard Bldg G Repair & Rehab $30,000.00 Division Number Account Number Division Number Account Number Automatic System Entry. Signed: ��v�f�✓ G 5�-�S' -CJ� Financial Approval: Administ ive Services Director Date �{ Signed: (� Administrative Ap val: City Manager Da Signed: City Council Approval: City Clerk Date r u CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT May 27, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Emmet Berkery 949 - 6443311 or eberkery@city.newpoit - beach.ca.us SUBJECT: Birch Street Rehabilitation - Award of Contract No. 3792 Recommendations: 1. Approve the project plans and specifications. 2. Award Contract No. 3792 to All American Asphalt for the Total Bid Price of $609,609, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $60,000 to cover the cost of unforeseen work. Discussion: At 11:00 a.m. on May 6, 2008, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $609,609.00 $627,107.75 $664,725.00 $667,271.00 $675,500.00 The low total bid amount is 9.6 percent below the Engineers Estimate of $674,390. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A' as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for the City of Newport Beach and other municipalities and agencies. The project location is along Birch Street from Bristol Street North to MacArthur Boulevard. This project includes the removal and reconstruction of deteriorating curb and gutter, sidewalk, drive approaches, cross gutters, and sidewalk access ramps. It also includes cold milling of existing asphalt pavement, and overlaying the existing pavement section with rubberized asphalt. Pursuant to the Contract Specifications, the Contractor will have 35 consecutive working days to complete the work. BIDDER Low All American Asphalt 2 R.J. Noble Company 3 Imperial Paving Co. 4 Sequel Contractors, Inc. 5 Elite Bobcat Services, Inc. TOTAL BID AMOUNT $609,609.00 $627,107.75 $664,725.00 $667,271.00 $675,500.00 The low total bid amount is 9.6 percent below the Engineers Estimate of $674,390. The low bidder, All American Asphalt, possesses a California State Contractors License Classification "A' as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for the City of Newport Beach and other municipalities and agencies. The project location is along Birch Street from Bristol Street North to MacArthur Boulevard. This project includes the removal and reconstruction of deteriorating curb and gutter, sidewalk, drive approaches, cross gutters, and sidewalk access ramps. It also includes cold milling of existing asphalt pavement, and overlaying the existing pavement section with rubberized asphalt. Pursuant to the Contract Specifications, the Contractor will have 35 consecutive working days to complete the work. • .Birch Street Rehabilitation —Award of Contract No. 3792 ` May 27, 2008 Page: 2 Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA guidelines. This exemption covers the repair of existing facilities involving negligible or no expansion of existing use. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical and Material Testing Services: In addition to the contract costs, approximately $15,000 in geotechnical and material testing services are projected to be needed for this project and will be performed under the on -call professional services agreement with Harrington Geotechnical Engineering. Funding Ava ilability: There are sufficient funds available in the following accounts for the project: Account Description Gas Tax Traffic Congestion Relief AHRP Proposed uses are as follows: Vendor All American Asphalt All American Asphalt Harrington Geotechnical Prepared by: Emmet Ber ery Project Manager Attachment: Project Location Map Account Number Amount 7181- C5100830 $ 256,009 7191- C5100830 $ 176,000 7285- C5100830 $ 252,600 Total: $ 684,609 Purpose Amount Construction Contract $ 609,609 Construction Contingency $ 60,000 Materials Testing $ 15,000 Total: $ 684,609 Submitted sn G. Badum Works Director + • PROJECT LOCATION z Z N U O c P�Q / 04- Nth gN oj z, r ; •+ 1 IC +C STRIKER 1 1 o ON � (� V 'Nx O< W Nx CITY OF NEWPORT BEACH BIRCH STREET PUBLIC WORKS DEPARTMENT PAVEMENT REHABILITATION DATE05 07 OS I SCALE N.T.S SHT 1 OF 1 DRAWN JJ I C -3792